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In Re: Cendant Corp

Citation: Not availableDocket: 04-1410

Court: Court of Appeals for the Third Circuit; August 30, 2006; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case concerns an appeal in the Cendant Corporation Securities Litigation, presented before the United States Court of Appeals for the Third Circuit. Appellants Sheldon Danuff, SKAT Capital LP, and Joel D. Zychick challenged the decision of the District Court for the District of New Jersey, overseen by Judge William H. Walls. The appellate opinion, originally filed on July 18, 2006, was subsequently amended on August 30, 2006, due to the passing of Judge Becker prior to its filing. The amendment was necessary to indicate that the opinion was issued by a quorum of the panel, comprising Judges Ambro and Stagg, the latter sitting by designation. The amendments focused on refining the opinion's language and citation formats to enhance clarity and precision. These changes underscore the judiciary's commitment to ensuring the accuracy and comprehensibility of its legal reasoning. The document concludes with a listing of attorneys receiving the amended opinion, reflecting the procedural transparency maintained throughout the litigation process.

Legal Issues Addressed

Judicial Opinion Amendments

Application: The opinion was amended post-filing to enhance clarity and accuracy, demonstrating the court's ability to refine its language to improve legal reasoning.

Reasoning: Specific amendments to the opinion include corrections to language on various pages, such as changing 'requirement when' to 'requirement, as' and adjusting citation formatting.

Quorum Requirement for Judicial Panels

Application: The case illustrates the application of the quorum requirement in appellate court panels following the death of a panel member before the opinion's filing.

Reasoning: The amendment clarifies that the opinion is issued by a quorum of the panel, including Judges Ambro and Stagg, with Stagg sitting by designation.