NEW YORK
The Jewish Daily Forward
By Paul Berger
Published September 09, 2014
A group of former students who say they were sexually abused at Yeshiva University High School for Boys have asked a full federal appeals court to reconsider a smaller judicial panel’s ruling that upheld the dismissal of their lawsuit.
The students’ attorney, Kevin Mulhearn, submitted a petition September 8 calling for an en banc, or full court, hearing of the United States Court of Appeals for the Second Circuit after a three-judge panel from the same court supported the dismissal of the students’ $680 million lawsuit.
The appeals followed an earlier judge’s rejection of the suit on the grounds that the statute of limitations for trying it had passed.
Calling the three-judge panel’s conduct “manifestly unjust, grossly improper, and…a blatant abuse of judicial power,” Mulhearn argues in his petition that the court “improperly assumed the role of Yeshiva University’s advocate and attorney.”
If the court refuses to rehear his case, Mulhearn has vowed to appeal to the U.S. Supreme Court.
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