Commercial Litigation and Arbitration

Circuit Splits: Court Reluctant to Create Circuit Split, Does So Only If a Compelling Basis Exists — Reluctance Especially Acute If Rules at Issue Are Best Applied Uniformly

Guerrero-Sanchez v. Warden York Cty. Prison, 2018 U.S. App. LEXIS 27445, 2018 WL 4608970 (3d Cir. Sept. 26, 2018):


As we have discussed throughout our decision, our holding today is in line with that of the Ninth Circuit, the sole court of appeals to have also addressed this issue. See Diouf, 634 F.3d at 1082. Diouf is not controlling on us, yet it is instructive. We are also "reluctant to create [a] circuit split[]," and only do so "where a 'compelling basis exists.'" Parker v. Montgomery Cty. Corr. Facility/Bus. Office Manager, 870 F.3d 144, 152 (3d Cir. 2017) (quoting Karlo v. Pittsburgh Glass Works, LLC, 849 F.3d 61, 75 n.7 (3d Cir. 2017)). This reluctance is especially acute "where the rules at issue 'are best applied uniformly.'" Padilla-Ramirez, 882 F.3d at 836 (quoting Kelton Arms Condo. Owners Ass'n, Inc. v. Homestead Ins. Co., 346 F.3d 1190, 1192 (9th Cir. 2003)). ***

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