Third Circuit Says Court That Found Case Unripe Had No Power to Rule on Fee Motion
A federal court that dismisses a case for lack of Article III jurisdiction cannot adjudicate a contract-based fee request and must dismiss it outright.
U.S. Court of Appeals for the Third Circuit
Third Circuit Rules for Detective on Probable Cause, Cuts Officer's Punitive Award to $12,000
The panel affirmed in part, denied cross-appeals, and remanded after finding no due-process violation in the detective's charges and reducing a $250,000 punitive award against the officer to $12,000 based on the 4:1 ratio marker.
Third Circuit Says MPPAA Notice-Timeliness Challenge Was Not Waived by Failure to Arbitrate
The court affirmed judgment for RTI Restoration Technologies and Industrial Maintenance Industries, holding that a pension fund’s duty to issue a withdrawal-liability notice and demand “as soon as practicable” is an element of its claim that a court may decide without prior arbitration.
Third Circuit Denies Rehearing on EAJA Fees in Alien Habeas Cases, Deepening Circuit Split
Over the dissent of five judges, the full court leaves in place a panel ruling that the Equal Access to Justice Act waives sovereign immunity for attorney fees in habeas challenges to immigration detention, with dissenting judges warning the decision conflicts with circuit precedent and invites abuse.
3rd Circ. Revives Pitt Cardiologist's Defamation Suit Over Retracted Article
A Third Circuit panel said Dr. Norman Wang can press key defamation and retaliation claims over the fallout from his article criticizing race-conscious policies in medical training.
Third Circuit Backs BNY In Ex-Worker’s Race Bias Suit
The appeals court said Robert Lynn failed to show that Bank of New York Mellon’s stated reasons for eliminating his role masked race discrimination or retaliation.
Third Circ. Backs Gun Serial Number Sentencing Enhancement
The Third Circuit said a firearm with one illegible serial number can trigger a four-level Guidelines enhancement even if another serial number on the gun remains readable.