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3rd - Ministerial exception case will be re-heard.
June 20, 2006 by Ross Runkel at LawMemo
In a May 24 opinion a three-judge panel of the 3rd Circuit refused to dismiss a Title VII suit brought by a church chaplain against her church employer. The panel adopted a "carefully tailored version of the ministerial exception."
The judges were split 2-1. The author of the majority opinion had died prior to the date the case was filed. Lots of folks wondered whether a dead judge's vote could count, and whether the opinion would hold up.
Now the 3rd Circuit has vacated the panel judgment issued May 24, and referred the case for rehearing. One of the original panel members has died and another has recused, so two new judges have been appointed. Petruska v. Gannon University (3rd Cir 06/20/2006).
The May 24 opinion (now vacated): Petruska v. Gannon University (3rd Cir 05/24/2006).
Full text of the latest order:
A majority of the active judges having voted, it is ordered that the petition is GRANTED. The Clerk of this Court is directed to VACATE the judgment of this Court filed May 24, 2006, and to refer the case to the panel for panel rehearing. Because Judge Edward R. Becker has died and circumstances have arisen which require Judge Richard L. Nygaard to recuse, Judge Morton I. Greenberg and Judge Robert E. Cowen, who were selected by random lottery by the Clerk, are assigned with Judge D. Brooks Smith to a panel to rehear and determine the case.
My previous comments on this case:
- Ministerial exception limited in Petruska v. Gannon University
- Ministerial exception - the end is coming
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
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