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

Recently in Court News Category

Notice of Removal's Content Is Dispositive in Immigration Case

The Third Circuit really split hairs when it ruled that the content and justification of a Notice of Removal would determine whether or not an alien should be deported or not.

Narinder Singh petitioned the Board of Immigration Appeals to review his case. He moved the BIA to dismiss an order by his Immigration Judge that he should be removed and that he also was ineligible for removal of that order under U.S.C. sec. 1229(b)a because he was not continuously in the USA for seven years. Then the facts get nit-picky ...

'Renewal' Means More of the Same for Insurance Policies

What does the word 'renewal' mean? The answer to that question could have greater legal import that you might expect. In fact, that question essentially sums up the legal issue that was the core of Indian Harbor Insurance v. F&M Equipment, Ltd.

The 3rd Circuit Ruled on October 15 that "renewal" -- at least in the context of insurance terms -- means "more of the same."

The confirmation hearing went well for Judge L. Felipe Restrepo in early June. After long delays for Judge Restrepo, it shouldn't be long before the 3rd Circuit officially welcomes their new judge to the bench.

A longtime judge on the Eastern District of Pennsylvania, Restrepo received President Obama's nomination for the circuit court on November 12th. From the beginning on this process, the judge's public supporters have included Pennsylvania senators Bob Casey and Pat Toomey.

Tomorrow, the Senate Judiciary committee will hold a hearing on pending nominees, allowing for some much needed movement after two months without a hearing. That won't mean much for the Third Circuit, however. Even after six months, the Senate is still stalling on President Obama's nomination of Luis Felipe Restrepo for the Third Circuit.

When Restrepo was nominated last November, he was one of a cohort of seven nominees to federal judgeships. The Senate has held hearings on only two of that group, so far.

What's the hold up?

2014 at the 3rd Circuit: Porngate, Ejaculation, Led Zeppelin

What is there to say about the Third Circuit? It's geographically small. It's in the mid-Atlantic.

That about sums it up. But it was also the source of a lot of fun blog material this year: from the Pennsylvania Supreme Court's ridiculous infighting to the most beautiful legal complaint I've ever seen.

Then again, we find most things we blog about interesting. What did you, our U.S. Third Circuit Blog readers, enjoy? Here are the 11 most-viewed blog posts of 2014:

Former Fed. Defender Judge Luis Restrepo Nominated for 3rd Cir.

The midterms are over, which means it's time to get back to work. And President Barack Obama has wasted no to time in getting back to one of his major legacies: shaping the judiciary. On Wednesday, the White House announced two nominees to federal circuit courts of appeals, including one to the Third Circuit.

Who's the new local judge nominee? He's actually not new at all: It's Judge Luis Felipe Restrepo, a long-time Philadelphian who began his legal career as a local public defender and, for the last year, has been a federal district court judge.

We apologize for the brief interlude between posts, but we are back and ready to update you on the goings-on in the Third Circuit. The Supreme Court reversed a Third Circuit's opinion in a case that reads like a Lifetime made-for-television movie. Not to be outdone by the Supreme Court, a Pennsylvania county clerk is stirring up more trouble in the same sex marriage scenario.

In less dramatic news (hopefully), Delaware is on its way to getting a new judge on its Supreme Court.

There's going to be some moving and shaking in the Third Circuit, with one judge retiring and two new district court judges recently confirmed. Let's take a look who will be leaving, and who will be joining, the Third Circuit.

Judge Ruggero J. Aldisert Retiring

A native of Pennsylvania, Judge Ruggero J. Aldisert's judicial career began in 1961 as a judge in the Court of Common Pleas of Allegheny County, Pennsylvania. In 1968, President Lyndon Johnson nominated Judge Aldisert to the Third Circuit Court of Appeals, and from 1984 to 1986 he served as Chief Judge. He then assumed senior status and moved to California. In August, at the age of 94, Judge Aldisert will retire from the bench.

The tech community is watching the Third Circuit as Andrew "weev" Auernheimer, the hacker people love to hate, appeals his conviction for, as he puts it, "doing arithmetic." And, in more somber news, the Third Circuit lost one of its finest judges on Wednesday, Judge Joseph F. Weis Jr.

Weev's Appeal and Oral Arguments

Weev is currently serving a 41-month sentence for identity theft and conspiracy to commit unauthorized access to a protected computer, in violation of the Computer Fraud and Abuse Act ("CFAA"), when he accessed and leaked 114,000 email addresses of iPad users. On Wednesday, the Third Circuit heard arguments in his appeal.

There's a lot of seat-shifting going on right now in the Third Circuit. Between the Trenton Mayor's removal, BridgeGate, and the tentative selection of a U.S. Bankruptcy Judge, New Jersey is having a hard time staying out of the legal headlines.

Removal of Trenton Mayor Tony Mack

On Wednesday, New Jersey State Superior Court Judge Mary Jacobson removed Trenton Mayor Tony Mack from office, following a jury conviction for fraud, bribery and extortion, all related to government corruption, reports The Associated Press.