Legal Opinion
Wisniewski v. Rodale, Inc.
Court of Appeals for the Third Circuit
Decided December 13, 2007No. 06-1305PublishedCited by 80 opinions
1Opinion of the Court
OPINION OF THE COURT
SMITH, Circuit Judge.
This appeal requires us to determine whether § 3009 of the Postal Reorganization Act, 39 U.S.C. § 3009 (2000), which regulates the shipment of unordered merchandise, provides an implied private right of action. The District Court dismissed David Wisniewski’s § 3009 claim on the ground that no implied private right of action exists under this statute. Based on our review of the statute and applicable Supreme Court jurisprudence, we will affirm.
I
This litigation began in February 2003 when then-plaintiff Michael Karnuth sued Rodale, Inc. in the United…
2Cases cited26 opinions
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