The Third Circuit issued two precedential opinions today, it’s first precedential opinions since May 28. Has the court ever before not issued its first precedential opinion of the month before its 19th day? I wonder. Anyhow, it’s been a remarkable drought. Of course, this drought is the calm before the traditional end-of-clerkship summer deluge.
To the opinions!
Blake v. JP Morgan Chase Bank—civil—affirmance—Bibas
The Third Circuit today affirmed the dismissal of a consumer class action on timeliness grounds, agreeing with the consumers that each violation of the relevant statute accrues separately, but rejecting their argument that their class claims warrant American Pipe tolling because they were filed while a prior related class action was still pending.
Houser v. Superintendent—prisoner rights—affirmance—Chagares
Darien Houser filed a pro se lawsuit against prison officials for deliberate indifference to his medical needs. The District Court appointed him counsel. When counsel withdrew, however, the District Court declined to appoint a new lawyer. Houser tried the case himself and lost. He now argues that the District Court abused its discretion by denying him new counsel without considering the six factors that this Court set forth to guide district courts in Tabron v. Grace, 6 F.3d 147 (3d Cir. 1993). We hold that Tabron applies to successive motions to appoint counsel, but that denying Houser new counsel was not an abuse of discretion. Accordingly, we will affirm.
Joining Chagares were Ambro and Greenaway. Arguing counsel were Teresa Akkara, now of Paul Weiss but formerly of Penn Law, I suspect she argued this as a law student) for the prisoner and Sean Kirkpatrick of the state Attorney General’s office and John Hatzell Jr. for the defendants.