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Mitchell Partners, L.P. v. Irex Corp.

Citations: 660 F.3d 709; 2011 WL 4448604Docket: Nos. 10-4040, 10-4091

Court: Court of Appeals for the Third Circuit; September 22, 2011; Federal Appellate Court

Narrative Opinion Summary

The panel has granted the petition for rehearing filed by Appellee Irex Corp. regarding the interpretation of Pennsylvania’s Business Corporation Law of 1988. The panel will prepare an order certifying this question to the Pennsylvania Supreme Court. Consequently, the motions by Governor Thomas W. Corbett, Jr., and various business organizations to file amicus curiae briefs in support of the rehearing are dismissed as moot due to the certification process.

Legal Issues Addressed

Certification of Legal Questions

Application: The panel decided to certify a legal question to the Pennsylvania Supreme Court, which is a procedural step to seek clarification on state law.

Reasoning: The panel will prepare an order certifying this question to the Pennsylvania Supreme Court.

Dismissal of Amicus Curiae Motions

Application: Motions to file amicus curiae briefs in support of the rehearing were dismissed as moot because the case was certified to a higher court.

Reasoning: Consequently, the motions by Governor Thomas W. Corbett, Jr., and various business organizations to file amicus curiae briefs in support of the rehearing are dismissed as moot due to the certification process.

Petition for Rehearing

Application: The panel granted the petition for rehearing, indicating the court's willingness to reconsider the case's interpretation of the applicable law.

Reasoning: The panel has granted the petition for rehearing filed by Appellee Irex Corp. regarding the interpretation of Pennsylvania’s Business Corporation Law of 1988.