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

December 2012 Archives

Top 3 Third Circuit Criminal Decisions: 2012 Edition

The Third Circuit Court of Appeals is often quiet, but it occasionally reveals unexpected truths.

We’re hopeful that one of those truths in 2013 will be that the court really does heart boobies. But for now, we’re looking at the past instead of the future.

Here are three of the more interesting criminal law rulings that the Philadelphia-based court issued in 2012.

Third Circuit Adopts Broad Take on FCRA Safe Harbor

Fair Credit Reporting Act (FCRA) violations can add up. A person who willfully fails to comply with FCRA requirements could be on the hook for actual and punitive damages.

Willfullness, however, is tricky a standard. It became even more complicated after the Supreme Court created a FCRA safe harbor in Safeco Insurance Co. of America v. Burr, noting that a company cannot be said to have willfully violated FCRA if the company acted on a reasonable interpretation of FCRA's coverage.

Third Circuit Spreads Holiday Cheer and Filing Extensions

The holidays are upon us, and the Third Circuit Court of Appeals is doling out presents.

And by presents, we mean filing extensions.

It doesn’t matter if you’re been naughty or nice this year; there are no lumps of coal in anyone’s judicial stockings. If you have a filing deadline that falls on one of the days the court will be closed in the coming weeks, you automatically get extra time.

Can You Make Your Case in 8.5 Hours?

Trying breach of fiduciary duty claims against 16 individual defendants sounds like a lengthy process, but a federal judge in Pennsylvania thinks that it can be done in 17 hours. Total.

Last week, the Third Circuit Court of Appeals refused to order the judge to grant the litigants more time to make their cases, ruling that inadequate time challenges are better argued after a trial.