If you’ve ever argued in federal court, you know that the judge is a gatekeeper who can make or break your case. So it’s not unusual that an attorney might feel that the judge is leaning towards or against a particular side. But removing a judge isn’t always an option. Recently, however, the Third Circuit considered claims that a judge was biased and had the judge removed from a case.
In a filing on March 28, the U.S. Court of Appeals for the Third Circuit removed U.S. District Court Judge Arthur J. Schwab from a case after lawyers for West Penn Allegheny alleged that he was biased. The lawyers claimed that Judge Schwab exhibited a “worrisome practice of misstating and mischaracterizing” their positions, according to the Pittsburgh Post-Gazette.