Justia U.S. 3rd Circuit Court of Appeals Opinion Summaries

Articles Posted in Government & Administrative Law
by
The United States Court of Appeals for the Third Circuit reviewed a decision of the National Labor Relations Board (NLRB) regarding unfair labor practices alleged against New Concepts for Living, Inc. New Concepts sought review of an NLRB order determining that it engaged in unfair labor practices by pushing to decertify its employees' union. The NLRB affirmed the administrative law judge's dismissal of three charges against New Concepts but reversed his dismissal of five others.New Concepts, a nonprofit corporation providing services for people with disabilities, had been in a stalemate with its employees' union after the most recent collective bargaining agreement expired. Due to the union's inactivity, many employees expressed dissatisfaction and began a decertification movement. During this period, New Concepts suspended bargaining and issued memorandums to its employees about their right to resign from the union and stop the deduction of union dues. The NLRB found that these actions, as well as New Concepts' conduct during collective bargaining negotiations and a poll to assess union support, constituted unfair labor practices.The Court of Appeals disagreed, concluding that the NLRB's determinations were not supported by substantial evidence. The court found that New Concepts had both contractual and extracontractual bases for distributing the memorandums, did not unlawfully track employee responses, and provided adequate assurances against reprisals. Additionally, the court determined that New Concepts did not engage in bad faith bargaining and that its poll and subsequent withdrawal of recognition from the union were lawful. The court thus granted New Concepts' petition for review and denied the NLRB's cross-application for enforcement. View "New Concepts for Living Inc v. NLRB" on Justia Law

by
In the case before the United States Court of Appeals for the Third Circuit, the Borough of Longport and the Township of Irvington, two New Jersey municipalities, sued Netflix, Inc. and Hulu, LLC, two popular video streaming companies. The municipalities sought to enforce a provision of the New Jersey Cable Television Act (CTA), which requires cable television entities to pay franchise fees to municipalities. The CTA, however, does not provide an express right of action for municipalities to enforce its provisions. The court had to determine whether the CTA implies such a right. The court concluded that it does not and affirmed the judgment of the District Court. The court found that the CTA expressly vests all enforcement authority in the Board of Public Utilities (BPU) and that it would be inconsistent with the purposes of the CTA to infer the existence of a private right of action for municipalities. The court rejected the municipalities' argument that the New Jersey Constitution recognizes that municipalities have powers of "necessary or fair implication", stating that this cannot change the plain meaning of statutes or provide municipalities with statutory enforcement authority that would directly conflict with the statute. View "Borough of Longport v. Netflix Inc" on Justia Law

by
In a class action suit, the plaintiffs, a group of patients, alleged that the Trustees of the University of Pennsylvania (Penn), who operate the Hospital of the University of Pennsylvania Health System (Penn Medicine), were in violation of Pennsylvania privacy law. The plaintiffs claimed that Penn Medicine shared sensitive health information and online activity of its patients with Facebook through its patient portal. Penn removed the case to federal court, asserting that it was "acting under" the federal government, referencing the federal-officer removal statute. However, the District Court rejected this argument and returned the case to state court.This case was primarily focused on whether Penn was "acting under" the federal government in its operation of Penn Medicine's patient portal. The United States Court of Appeals for the Third Circuit affirmed the District Court's decision to remand the case back to state court. The Court of Appeals determined that Penn was not "acting under" the federal government, as it did not demonstrate that it was performing a delegated governmental task. The court declared that Penn was merely complying with federal laws and regulations, which does not qualify as "acting under" the federal government. The court noted that just because a private party has a contractual relationship with the federal government does not mean that it is "acting under" the federal authority. In conclusion, the court determined that the relationship between Penn and the federal government did not meet the requirements for Penn to be considered as "acting under" the federal government, thus the case was correctly returned to state court. View "Mohr v. Trustees of the University of Pennsylvania" on Justia Law

by
This case involved a dispute over the rights of retired law enforcement officers to carry concealed firearms in New Jersey. The plaintiffs, three retired officers and two organizations, sued New Jersey officials, arguing that a federal statute, the Law Enforcement Officers Safety Act (LEOSA), gives them a federal right to carry a concealed firearm anywhere in the United States, including within New Jersey, and that LEOSA preempts any more burdensome state requirements. The state countered that the federal statute does not provide such an enforceable right, and even if it did, it would only apply to officers who retired from federal or out-of-state law enforcement agencies. The United States Court of Appeals for the Third Circuit held that LEOSA does provide certain retired officers with an enforceable right to carry concealed firearms, and that this right extends equally to officers who retired from New Jersey agencies and those who retired from federal or out-of-state agencies. The court concluded that LEOSA also preempts contrary aspects of New Jersey law. Therefore, the court affirmed the District Court’s order granting declaratory and injunctive relief to the retired officers. View "Federal Law Enforcement Officers Association v. Attorney General New Jersey" on Justia Law

by
This case involves a dispute over the interpretation of the federal Law Enforcement Officers Safety Act of 2004 (LEOSA), which allows certain qualified retired law enforcement officers to carry concealed firearms, and its relation to New Jersey’s more restrictive retired police officer permitting law. The retired law enforcement officers from various agencies claimed that LEOSA provided them with a federal right to carry concealed firearms in New Jersey, superseding the state law. The State of New Jersey argued that LEOSA did not provide an enforceable right and, if it did, it would only apply to officers who retired from federal or out-of-state law enforcement agencies—not to officers who retired from New Jersey law enforcement agencies.The United States Court of Appeals for the Third Circuit held that LEOSA does provide certain retired officers who meet all the statutory requirements with an enforceable right, and that right extends equally to officers who retired from New Jersey agencies and those who retired from federal or out-of-state agencies. The court held that the federal statute also preempts contrary aspects of New Jersey law. Therefore, the court affirmed the District Court’s order granting declaratory and injunctive relief to the retired officers, allowing them to carry concealed firearms. View "Federal Law Enforcement Officers Association v. Attorney General New Jersey" on Justia Law

by
This case involves a lawsuit against the United States for allegations of negligence in a search-and-rescue mission by the U.S. Coast Guard. The plaintiffs, the estate of Aaron Greenberg (who drowned in a boating accident), Adrian Avena (who survived the accident), and AA Commercial, LLC, claimed that the Coast Guard was negligent in its response to the distress signal from their capsized vessel. They argued that the Coast Guard broadcasted incorrect information about the vessel in distress and did not deploy the closest helicopter for the rescue mission.The United States Court of Appeals for the Third Circuit affirmed the lower court's dismissal of the case, stating that the United States was immune from such a suit. According to the court, the plaintiffs failed to show how the Coast Guard's alleged negligence "increased the risk of physical harm" to Greenberg. The court noted that under the "Good Samaritan" doctrine, the Coast Guard would only be liable if its actions increased the risk of harm or if harm was suffered because of the plaintiffs' reliance on the Coast Guard. In this case, the court found that even if the Coast Guard had done nothing, the outcome would have been the same, thus the Coast Guard did not increase the risk of harm to Greenberg.Furthermore, the court denied the plaintiffs' motion for leave to amend their complaint, stating it would be futile as they had not identified any set of facts that could demonstrate how the Coast Guard's actions increased the risk of physical harm to Greenberg. View "Avena v. Avena" on Justia Law

by
The United States Court of Appeals for the Third Circuit denied petitions from energy generators and state utility commissions challenging the Federal Energy Regulatory Commission's (FERC) acceptance of a tariff filed by PJM Interconnection, L.L.C. The court held that FERC's constructive acceptance of the tariff was neither arbitrary nor capricious and was supported by substantial evidence in the record. The tariff, filed under Section 205 of the Federal Power Act (FPA), sought to change the Minimum Offer Price Rule (MOPR) used in interstate capacity auctions. The MOPR is designed to prevent the exercise of monopsony power by net buyers in the market. The new tariff would mitigate offers only where a capacity resource has the ability and incentive to exercise buyer-side market power or where a capacity resource receives state subsidies under a state program that is likely preempted by the FPA. The petitioners argued that the tariff was unjust, unreasonable, and discriminatory. They also argued that the FERC failed to adequately address potential reliance interests and unlawfully discriminates against competitive power suppliers. The court rejected these claims and upheld FERC's acceptance of the tariff. View "PJM Power Providers Group v. Federal Energy Regulatory Commission" on Justia Law

by
In a consolidated action before the United States Court of Appeals for the Third Circuit, several parties, including PJM Power Providers Group, Electric Power Supply Association, and Pennsylvania Public Utility Commission, challenged a tariff filed by PJM Interconnection, L.L.C., concerning energy resources subject to price mitigation in interstate capacity auctions. The revised tariff, which took effect by operation of law in 2021, was the outcome of a deadlock between the Federal Energy Regulatory Commission (FERC) commissioners. The court found that the deadlock was to be treated as an affirmative order by the FERC, allowing for judicial review under Section 205(g) of the Federal Power Act (FPA). The court held that it was required to review the FERC order under the same deferential standards set forth in the FPA and the Administrative Procedure Act. The court’s review included the entire record, including the deadlock commissioners' written statements explaining their reasoning. Upon review, the court denied all three petitions, holding that FERC’s acceptance of PJM’s tariff was neither arbitrary nor capricious and was supported by substantial evidence in the record. View "Electric Power Supply Associat v. FERC" on Justia Law

by
In this consolidated action, the United States Court of Appeals for the Third Circuit reviewed a case concerning the Federal Energy Regulatory Commission's (FERC) acceptance of a tariff filed by PJM Interconnection, L.L.C. (PJM), which took effect by operation of law in 2021. The tariff was at the center of a dispute over whether state-subsidized energy resources should be subject to price mitigation in interstate capacity auctions. Petitioners – the PJM Power Providers Group (P3), the Electric Power Supply Association (EPSA), and the Pennsylvania Public Utility Commission and Public Utilities Commission of Ohio (State Entities) – sought review under Section 205(g) of the Federal Power Act (FPA), a provision allowing for review of FERC's action by inaction. The court held that its review of FERC action, whether actual or constructive, proceeds under the same deferential standards set forth in the FPA and Administrative Procedure Act. The court further held that its review properly encompasses the Commissioners’ statements setting forth their reasons for approving or denying the tariff filing. After reviewing the petitions, the court denied all three, finding FERC’s acceptance of PJM’s tariff was neither arbitrary nor capricious and was supported by substantial evidence in the record. View "Pennsylvania Public Utility Co v. FERC" on Justia Law

by
In this case before the United States Court of Appeals for the Third Circuit, a US citizen, Abdoulai Bah, had his life savings of $71,613 seized by the U.S. Customs and Border Protection (CBP) under suspicion of being the proceeds of illegal activities. The CBP returned the money with interest two-and-a-half years later. Bah then sued the United States under the Federal Tort Claims Act (FTCA), seeking damages for personal injury and property damage, arguing that the seizure of his money prevented him from conducting business, caused him to lose his livelihood, and resulted in health problems.The District Court dismissed Bah's case, asserting that the United States was immune from Bah's claims. The court held that the FTCA did not permit Bah's claims as they were seeking prejudgment interest— a type of relief for which the United States has not waived sovereign immunity.Upon appeal, the United States Court of Appeals for the Third Circuit upheld the District Court's decision. The appellate court held that the Detention Exception of the FTCA, under which Bah's claim was filed, only waives sovereign immunity for "injury or loss of goods, merchandise, or other property while in the possession of any officer of customs or excise or any other law enforcement officer," but it does not waive immunity for personal "injury" or "loss" incurred due to the government's seizure of property. As such, the court concluded that Bah's cash was not injured or lost in the sense meant by the FTCA, and his personal injuries were not covered under the Act. Furthermore, the court determined that Bah's claim of "loss" was really a claim for "loss of use" of his cash, which is not covered under the FTCA. Thus, the court affirmed the dismissal of Bah's case. View "Bah v. USA" on Justia Law