In a private action under Title IX in M.S. v. Susquehana Twp. Sch. Dist., plaintiff sought damages for injuries suffered as a result of harassment from her assailant principal. In order to sustain the claim, plaintiff had to plead that an “appropriate person” who had knowledge of the alleged wrongdoing failed to take corrective action. The 3rd Circuit held … Read more
In a rare federal juvenile delinquent appeal, in United States v. C.S., the 3rd Circuit held that the district court was well within its discretion when it notified a church that the juvenile made threats against it, notwithstanding the Juvenile and Delinquency Prevention Act’s general rule that delinquency actions remain confidential.
In this bankruptcy case, the 3rd Circuit clarified that Bankruptcy Code standing is not constitutional standing (thus, not jurisdictional), and that Chapter 7 trustess can relinquish the statutory authority to pursue a claim back to a creditor. The Court then held that the creditor plaintiff had both the constitutional standing as well as the statutory … Read more
Citing the U.S. Supreme Court case of Ziglar v. Abbasi, the Third Circuit declined to extend a Bivens remedy for Mack’s First Amendment retaliation claims, which were brought in the context of prison workplace assignment.
Unlike that Robert Downey, this Robert Downey was an inmate in state prison and suffered from severe glaucoma. In Downey v. Penn. Dept. of Corr., the 3rd Circuit held that this Downey did not fail to exhaust his administrative remedies in this Section 1983 prison litigation case because he faced an emergency and an urgent … Read more
The 3rd Circuit held that the Board of Immigration Appeals abused its discretion, because, when it denied the petitioner asylum, the BIA failed to consider the “reasons for the denial” as well as “reasonable alternatives available” to the petitioner for family reunification.
In a case based on Section 118 of the IRS Code before it was amended by Congress, the 3rd Circuit reversed the Tax Court and held, because New Jersey did not restrict how BrokerTec could use grants it received from the state, and because the grants were calculated based on the amount of income tax revenue … Read more
The 3rd Circuit affirmed granting class certification to a group of who purchased Suboxone from its manufacturer in In re Suboxone Antitrust Litigation. The class alleged that the manufacturer engaged in unfair trade practice to drive prescribers away from Suboxone tablets and toward under-the-tongue films in order to drive market share away from generic tablet … Read more
The 3rd Circuit handed Pennsylvania Attorney General Josh Shapiro a nice win in Commonwealth v. Navient Corp., when it held that the AG’s Office could maintain a concurrent enforcement action against a student loan provider at the same time as a similar action by the federal Consumer Financial Protection Bureau under the Consumer Financial Protection … Read more
The 3rd Circuit ruled in Blanco v. Attorney General that the petitioner had establish past persecution here he had been kidnapped, beaten and had his life threatened repeatedly because he was a member of an opposition political party in his native Honduras.