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3rd Circuit Invalidates Obama's Recess Appointments

What is the difference between a break and a recess?

That was the issue that the Third Circuit had to grapple with in their latest opinion. President Obama made a recess appointment for the National Labor Relations Board during an intrasession break of Senate -- but did he have the power to do so?

Can the Third Circuit Get Anything Right? SCOTUS Reverses Again

Last year, the Sixth Circuit surpassed the Ninth Circuit as the most-reversed federal appellate court, according to the ABA Journal.

This term, the Third Circuit Court of Appeals is looking like a real contender for the most mistaken crown.

Last month, the Supreme Court reversed the Philadelphia-based appellate court in Millbrook v. U.S. and Comcast Corp et al v. Behrend. This week, it added two more cases to that list: US Airways v. McCutchen and Genesis Healthcare Corp. v. Symczyk.

Senate Confirms Judge Patty Shwartz for 3rd Circuit

We finally have a new judge on the Third Circuit bench.

Tuesday, the Senate confirmed New Jersey Judge Patty Shwartz by a 64-34 vote for a seat on the Third Circuit Court of Appeals, The Associated Press reports. She will fill Senior Judge Maryanne Trump Barry's seat.

Judge Barry took senior status in June 2011; President Obama nominated Judge Shwartz for the appellate court later that year.

Comcast Prevails in Antitrust Class Action Dispute

Comcast may have won the Supreme Court battle, but it has lost the public relations war.

Wednesday, the Supreme Court ruled in a 5-4 decision that lower courts had improperly certified millions of disgruntled Comcast customers as a class because the plaintiffs didn’t properly outline an adequate method for issuing damages to the affected customers, Ars Technica reports.

New Jersey Betting on 3rd Circuit to Revive Sports Gambling Law

Atlantic City is New Jersey’s second-city of gambling, so why shouldn’t New Jersey be able to offer visitors that same perks that Nevada receives?

No, no. New Jersey isn’t asking for those extra-perky perks. The Garden State just wants sports gambling. Except sports betting violates federal law in most states.

Judge Anthony Scirica Takes Senior Status, Joins Penn Law Faculty

Judge Anthony J. Scirica is trading his gavel for a gradebook after 25 years on the Third Circuit Court of Appeals.

The former chief judge — who reigned over the Philadelphia-based appellate court from 2003-2010 — is joining the law school faculty as a Senior Fellow at the University of Pennsylvania.

Third Circuit Vacates Antitrust Cy Pres Award

Let's say you have a class action lawsuit. You reach a settlement. But then, you realize that a substantial chunk of the settlement funds will go unclaimed. The plaintiffs' collective take will be $3 million. The attorneys' fees total $14 million. There's still $18.5 million looming in legal limbo.

Simple solution? Give the plaintiffs' shares to charity!

Except the Third Circuit Court of Appeals is not so comfortable with that solution, known as cy pres.

3rd Circuit Wants Vincent Fumo to Pay More Restitution

Disgraced politician Vincent Fumo returned to the Third Circuit Court of Appeals in December to challenge court-ordered restitution in his fraud case, and may end up paying even more restitution.

Maybe that challenge wasn't such a good idea?

3rd Circuit Hiring Career Staff Attorneys

In a time when law school applications are down, and lawyer unemployment rates are up, it's not often that we get to type the following words: Someone is hiring.

Take a moment to calm down — we know this is big news — and get your resume ready.

You could be the next Third Circuit Career Staff Attorney.

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.