Two new opinions

The court issued two precedential opinions yesterday, I’m writing them up late because I taught my appellate-advocacy class yesterday.

In re: Healthcare Real Estate Partners—bankruptcy—reversal—Greenberg

The Third Circuit reversed a district court decision dismissing a debtor’s action for damages for violating the bankruptcy automatic stay. The court rejected the argument that it lacked jurisdiction because the underlying bankruptcy remained pending, holding that the automatic-stay-violation-damages action may be separate.

Joining Greenberg were Chagares and Greenaway Jr. Arguing counsel were Christopher Loizides of Loizides for the appellant and R. Craig Martin of DLA Piper for the appellees.


Consol Penn. Coal Co. v. Federal Mine Safety & Health Review Comm.—agency—affirmance—Jordan

The Third Circuit denied a petition for review challenging an agency ruling citing a mine company for its delay in notifying it about a serious injury. The court rejected the company’s challenges to the standard of review, the agency’s factual finding about the seriousness of the injury, and the mandatory-minimum penalty.

Joining Jordan were Bibas and Nygaard. Arguing counsel were James McHugh of West Virginia for the mine and Cheryl Blair-Kijewski for the government.