U.S. Third Circuit: June 2012 Archives
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June 2012 Archives

SCOTUS Rejects FCC Appeal in Janet Jackson Wardobe Malfunction

If you watched the 2004 Super Bowl, then you know where the word “wardrobe malfunction” came from. Friday, the Supreme Court rejected an appeal involving that wardrobe malfunction, reports Reuters.

Last April, the Federal Communications Commission filed a writ of certiorari in the Supreme Court, requesting the high court to review the Third Circuit Court of Appeals decision that the FCC-imposed sanctions on CBS were improper.

Supreme Court to Hear Comcast Antitrust Case

The Supreme Court had a busy Monday. Yesterday, in addition to issuing several important opinions (check out our Supreme Court Blog for updates on that), the High Court agreed to review a Third Circuit Court of Appeals case over cable TV monopolization, according to Reuters.

The cable company behind the lawsuit is Comcast, which has been accused of executing strategies, (including the swapping territories with a competitor) to be the sole cable provider in certain areas in and around Philadelphia. The cable giant denies the charges.

Judge Martini Tossed from Another Case for Judicial Bias

Wait… the Paul Bergrin trial wasn’t the only trial that Judge William J. Martini was removed from last week?

Judge Martini was having a really bad Friday last week because he was removed from not one, but two cases on that same day. The Third Circuit Court of Appeals also removed him from U.S. v. Kennedy, which is now in its sentencing phase, reports the New Jersey Ledger.

Third Circuit Affirms Piekarsky, Donchak Hate Crime Convictions

Friends in high places can help at the local level but don’t try to play that card in the Third Circuit Court of Appeals when you’ve committed a federal hate crime.

The Third Circuit Court of Appeals affirmed a district court decision on Monday in a case involving the beating death of an illegal Mexican immigrant.

Judge Removed in Paul Bergrin Trial, New Judge to be Assigned

Is judicial bias an issue in the Third Circuit?

According to the Third Circuit Court of Appeals, the reassignment of a case to a different judge is an "extraordinary remedy that should seldom be applied," but recently, the court applied this remedy.

The Third Circuit Court of Appeals issued a ruling on Friday which called into question the impartiality of a federal district court judge in the criminal prosecution of former criminal defense lawyer Paul Bergrin.

The 50-page ruling directed the district court to reassign the matter to a different judge. The matter had previously been heard in the courtroom of U.S. District Judge William Martini.

Third Circuit Overturns Settlement in Volkswagen Case

The Third Circuit Court of Appeals has rejected a disparate 2010 settlement in a class action lawsuit involving Volkswagen sunroofs.

The settlement would have provided some hefty fees for the class action lawyers involved in the case, Forbes reports. On the flip side of the settlement, the majority of car owners would not get a penny.

SCOTUS Ruling Contrary to 3rd Cir. Credit Bidding Decision

The U.S. Supreme Court weighed in last week on a bankruptcy issue that had come up in a 2010 Third Circuit Court of Appeals Chapter 11 ruling, and the justices didn’t see eye to eye with the Third Circuit.

The Supreme Court ruled, in a unanimous decision, that when setting out a Chapter 11 reorganization plan, debtors may not sell their property free and clear of liens without providing lienholders the opportunity to credit bid.