The James A. Byrne U.S. Courthouse, which houses the U.S. Court of Appeals for the Third Circuit and the U.S. District Court for the Eastern District of Pennsylvania, in downtown Philadelphia, Pennsylvania. Photo: Diego M. Radzinschi/ALM
In a precedential ruling, the U.S. Court of Appeals for the Third Circuit concluded that it has jurisdiction to review a vacatur order because, by remanding the case, the district court declined to exercise its discretion to consider the state law claims.
According to the appeals court’s opinion, the plaintiffs filed a lawsuit in New Jersey state court that alleged fraud in a real estate venture against the defendants, a group that included German citizens and various New Jersey-based individuals and entities. According to the opinion, that complaint contained one federal claim under the Racketeer Influenced and Corrupt Organizations Act and various state law claims.
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