In Drippe v. Tobelinski, No. 08-4616, the Third Circuit faced a challenge to the district court’s grant of summary judgment in favor of the officer in an inmate’s 42 U.S.C. section 1983 suit claiming denial of prompt medical treatment.  The court first declined to hold as a matter of law, that the Prison Litigation Reform Act imposes a strict timing requirement on institutional defendant.  Next, in holding that the district court violated Rule 6(b) by granting the officer’s third and final motion for summary judgment on the even of trial, the court remanded the case  to permit defendant to file a motion for an extension of time under Rule 6(b)(1)(B) of Fed. Rules of Civ. Proc.   

State of New Jersey v. Fuld, No. 09-2891, concerned the New Jersey’s Department of Treasury Division of Investment’s suit against officers and directors of Lehman Brothers Holdings, Inc., arising from the defendant-company’s filing for bankruptcy protection three months after New Jersey purchased over $180 million of investment securities from the defendant in June 2008.  In granting the defendants’ motion to dismiss plaintiffs’ appeal, the court held that it lacks collateral order jurisdiction to review the district court’s order denying plaintiff’s motion to remand.   

Related Resources:

  • Full text of Drippe v. Tobelinski
  • Full text of State of New Jersey v. Fuld

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