No. 20-1327

PDX North, Inc. v. Robert Asaro-Angelo, Commissioner, New Jersey Department of Labor and Workforce Development

Lower Court: Third Circuit
Docketed: 2021-03-23
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: administrative-law administrative-proceeding civil-procedure civil-remedies civil-rights constitutional-challenge due-process federal-jurisdiction standing state-court younger-abstention
Key Terms:
Environmental AdministrativeLaw Arbitration SocialSecurity Securities Immigration
Latest Conference: 2021-09-27 (distributed 2 times)
Question Presented (AI Summary)

Whether Younger abstention is applicable and the district court may decline jurisdiction when there is a state administrative proceeding brought under a civil statute, where only civil remedies are sought and where no criminal or quasi-criminal provisions or remedies are involved

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW I. Federal courts have a “virtually unflagging obligation” to hear and decide cases within their jurisdiction. In Younger v. Harris, 401 U.S. 37 (1971), this Court recognized a narrow exception to that duty. Under Younger, a federal court should abstain when there is a parallel, pending state criminal proceeding. This Court has extended Younger, permitting courts to abstain when there are pending state proceedings that are civil, but “only [in] exceptional circumstances” when the action is “akin to a criminal prosecution.” Sprint Commce'ns, Inc. v. Jacobs, 571 U.S. 69, 77-78, 82 (2013) (quoting New Orleans Pub. Serv., Inc. v. Council of City of New Orleans (NOPSD), 491 U.S. 350, 368 (1989)). Here, the New Jersey Department of Labor (“NJDOL’) audited Petitioner regarding unemployment insurance contributions, with no pending quasicriminal proceedings, and Petitioner requested a hearing with the state administrative courts. When Petitioner also filed a declaratory judgment action in federal court challenging the constitutionality of the definition of “employment,” the district court below and the Third Circuit on appeal declined to exercise jurisdiction, finding Younger abstention appropriate. The question presented is: Whether Younger abstention is applicable and the district court may decline jurisdiction when there is a state administrative proceeding brought under a civil statute, where only civil remedies are sought and where no criminal or quasi-criminal provisions or remedies are involved.

Docket Entries

2021-10-04
Petition DENIED.
2021-07-28
DISTRIBUTED for Conference of 9/27/2021.
2021-07-27
Reply of petitioner PDX North, Inc. filed. (Distributed)
2021-07-13
Brief of respondent Robert Asaro-Angelo in opposition filed.
2021-06-30
Motion to extend the time to file a response is granted and the time is further extended to and including July 13, 2021.
2021-06-29
Motion to extend the time to file a response from July 6, 2021 to July 13, 2021, submitted to The Clerk.
2021-05-11
Motion to extend the time to file a response is granted and the time is extended to and including July 6, 2021.
2021-05-10
Motion to extend the time to file a response from June 4, 2021 to July 6, 2021, submitted to The Clerk.
2021-05-05
Response Requested. (Due June 4, 2021)
2021-04-27
DISTRIBUTED for Conference of 5/13/2021.
2021-04-22
Waiver of right of respondent Robert Asaro-Angelo to respond filed.
2021-03-19
Petition for a writ of certiorari filed. (Response due April 22, 2021)

Attorneys

PDX North, Inc.
Corinne McCann TrainorFox Rothschild LLP, Petitioner
Corinne McCann TrainorFox Rothschild LLP, Petitioner
Robert Asaro-Angelo
Jeremy Michael FeigenbaumOffice of the New Jersey Attorney General, Respondent
Jeremy Michael FeigenbaumOffice of the New Jersey Attorney General, Respondent