U.S. Third Circuit - FindLaw

U.S. Third Circuit - The FindLaw 3rd Circuit Court of Appeals Opinion Summaries Blog


Remember Usher, the R&B singer who was inescapable on pop radio in the late 90s and throughout the early 2000s? Who starred in "Moesha" and "She's All That" and whose "Confessions" album was described as "the 'Thriller' of our generation"? Well, he's back -- in the Third Circuit, that is.

Usher won a long-standing copyright infringement lawsuit over his 2004 hit song "Bad Girl" last Friday, when the Third Circuit tossed the infringement suit against him.

A former teen actress went before the Third Circuit on Friday in an attempt to revive her defamation suit against Bill Cosby. Renita Hill has accused the comedian of drugging and sexually assaulting her when she was a 16-year-old actress on the TV show "Picture Pages."

When Cosby's lawyer denied Hill's accusations, as well as those of scores of other women, she sued, alleging that the denial rose to the level of defamation. A district court tossed that suit last January, but victory in the Third Circuit could revive Hill's claims. Given oral arguments, though, victory is far from assured.

Philadelphia's ban on noncommercial advertising in its airport violates the First Amendment and is an unreasonable use of government power, the Third Circuit ruled recently. That ban came after the NAACP paid, in 2011, to display a noncommercial advertisement proclaiming "Welcome to America, home to 5 percent of the world's people and 25 percent of the world's prisoners."

The city then banned all noncommercial advertisements in the Philadelphia International Airport, ostensibly to maximize revenue and avoid controversy. But, the Third Circuit found, there is little evidence that the ban accomplishes either of these goals, making it an unreasonable restriction on First Amendment rights to free speech.

Deposition documents that revealed Bill Cosby's extramarital affairs and use of Quaaludes as a seduction technique will not be resealed, the Third Circuit ruled on Monday. Those documents, which included a series of damaging admissions by the comedian, had been so widely disseminated that resealing the documents would do nothing to stop their public disclosure.

Cosby's admissions were made during depositions in a 2005 civil suit against Cosby, brought Andrea Constand, who accused Cosby of drugging and sexually assaulting her. Constand dropped her suit, but Cosby's deposition was eventually unsealed in response to a motion by the Associate Press last year, after dozens of women came forward with similar accusations.

Rare Double Eagle Coins Worth $75M Are Gov't Property, 3rd Cir. Says

Unless this nation's highest court grants cert to the Langbord family, ten very rare and highly prized 1933 Double Eagle $20 (face value) gold coins are -- and always have been -- the property of the United States of America.

By the way, that's not $200 that's at stake: it's at least $75 million. No wonder there was such a fight!

3rd Cir. Refuses to Kill Corruption Charges Against Sen. Menendez

The Third Circuit has refused to dismiss corruption and fraud charges against U.S. Senator Robert Menendez. The New Jersey senator is accused of accepting gifts in exchange for political favors, but he sought to have the charges dismissed, on the basis that the Constitution's "speech or debate" clause shielded him from prosecution.

That argument did not sway a three-judge panel. This is the last major obstacle to be cleared between the New Jersey legislator from what is most likely going to be a very uncomfortable trial.

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Court Tosses Turkey's Human Rights Suit Against Fethullah Gulen

A human rights violation lawsuit brought against the reclusive Islamic cleric Fethullah Gulen has been dismissed by U.S. District Judge Robert Mariani in Pennsylvania, following the determination that plaintiffs failed to plead their case with sufficient particularity. Further, the court felt that forum non conveniens applied.

Google and Viacom Win Suit Over Tracking Children Online

The nationwide class action suit that involved Google and Nickelodeon allegedly tracking our innocent, innocent children was largely defeated by the defending companies recently. The Court of Appeals for the Third Circuit felt that planting cookies on children's computers and devices didn't run afoul of both state and federal laws, at least not the ones the parents identified.

It wasn't a complete victory for Viacom, Nickelodeon's parent company, though. The federal court allowed one privacy claim against the entertainment company stand as it had collected children's information despite promises not to do so. It looks like completely fibbing parents still isn't kosher in corporate America.

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