V.I. 201, 204 (Ten.. Ct. 1973). Is (Pls.' Ex. 3.) %/d " Metcalfe v. Renaissance Marine. Inc., 566 F.3d 324, 330 (3d Cir. 2009). Fancelli cites the District Cont decision in Metcalfe, which was overturned by the Third Circuit Metcalfe v. Renaissance Marine. Inc, Civ. No. 2007-131, 2008 WL 501173, at •6 (D.V.