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The Third Circuit Court of Appeals Hit Penneast Pipeline Company with Another Setback

The Third Circuit Court of Appeals hit PennEast Pipeline Company with another setback on November 5, 2019. The Court of Appeals denied the company’s request for a rehearing of the Court’s earlier decision, which held that the 11th Amendment of the United States Constitution prohibits PennEast Pipeline Company from suing the State of New Jersey in Federal Court. A copy of the Order can be found here.

So, where does PennEast go from here? We hope home, but that is unlikely.

PennEast can ask the United States Supreme Court to review the decision, however, appeals to the United States Supreme Court are not automatic and an appealing party must file a petition and ask the Court to accept the case for review. The United States Supreme Court only agrees to review about 1% to 2% of the cases where parties seek a review by the high court.

Stay tuned for the next step in the saga of PennEast versus New Jersey and its residents. PennEast is not going away, but either are the people fighting the good fight!



About this Author

Timothy P. Duggan, Stark Law, Creditor's Rights Lawyer, Bankruptcy Attorney

Timothy P. Duggan is Chair of Stark & Stark’s Bankruptcy & Creditors' Rights Group.  Mr. Duggan represents national and community banks, agricultural lenders, franchisors, equipment leasing companies, shopping centers and trade creditors in commercial litigation and bankruptcy cases.  Mr. Duggan has substantial experience in creditor-rights litigation, including foreclosures, replevin matters and negotiating corporate loan restructuring. Mr. Duggan’s litigation experience covers most aspects of bankruptcy litigation, with a focus on defending preference and fraudulent transfer...