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

September 2011 Archives

Thurston McKelvin's Reappointment Comment Period Closes Oct. 7

The Third Circuit Court of Appeals is accepting comments for consideration regarding the reappointment of Federal Public Defender Thurston McKelvin. McKelvin, who is based in St. Croix, is the Federal Public Defender for the U.S. Virgin Islands. He has served multiple terms in the position.

The Third Circuit Court of Appeals is considering McKelvin’s reappointment to a new four-year term and has appointed a committee to assist in its review. The Committee consists of nine attorneys from the U.S. Virgin Islands, who will report their findings to the Third Circuit.

Third Circuit Refuses to Stop Pittsburgh Civic Arena Demolition

Sports arenas often encounter a Velveteen Rabbit problem; eventually, the teams that love theses arenas want something newer, bigger, and flashier. The old arenas are abandoned, forgotten, and finally demolished.

The Pittsburgh Civic Arena, fondly known as the Igloo, suffered a similar Velveteen Rabbit fate. Workers began demolishing the Igloo on Monday after the Third Circuit Court of Appeals denied an emergency motion for injunction to delay demolition last Friday.

The Igloo, opened in 1961, was the retractable-roof marvel that served as the Pittsburgh Penguins home for 43 years. In August 2010, the Penguins moved across the street to their new arena, the Consul Energy Center. Last September, the Igloo’s owner, Sports and Exhibition Authority of Pittsburgh and Allegheny County (SEA), voted to demolish the structure.

False Start: Court Halts Carl Lewis Senate Campaign Again

The Carl Lewis Senate bid has encountered another judicial roadblock. Last week, we reported that Lewis won an injunction battle to run for New Jersey’s Eighth Legislative District. On Thursday, Lewis lost the summary judgment war.

At issue was whether Lewis met New Jersey’s four-year state residency requirement to run for office. New Jersey Secretary of State Kim Guadagno, a Republican, said that Lewis did not qualify. After hearing Lewis’s equal protection claims, the Third Circuit Court of Appeals ruled earlier this month that Lewis’s name must be added to the ballot.

Redevelopment Plan Violates Fourteenth Am. Equal Protection?

The Third Circuit Court of Appeals questioned a New Jersey township’s redevelopment plan last week, ordering a federal district court to reconsider low-income residents’ claim that the redevelopment project violates anti-discrimination laws.

Mount Holly Township (Township) proposed a redevelopment plan that would eliminate the existing homes in a neighborhood occupied predominantly by low-income residents, and replace them with significantly more expensive housing units. Appellants, an association of Gardens residents organized under the name Mt. Holly Gardens Citizens in Action, and 23 current and former residents of the neighborhood (Residents, collectively) filed suit against the Township alleging violations of various anti-discrimination laws.

Sample Business Contracts: Even a Legal Pro Can Learn New Tricks

We lawyers have lots of dirty little secrets.

While the non-lawyers in our lives thought that we spent law school learning how to practice the law, we really spent three years “learning how to think” and realizing what high school would have been like with legal access to alcohol.

What we didn’t learn while mainlining caffeine to keep up with cliques and study groups, (which, let’s admit, were one and the same), were the nuts and bolts of the law, like how to draft wills or business contracts.

Third Circuit Win: Carl Lewis Senate Campaign Off and Running

Nine-time Olympic medalist Carl Lewis is running again, this time for a New Jersey State Senate.

The Third Circuit Court of Appeals reversed a district court decision on Tuesday, and ordered that Lewis's name be added to the ballot for the November election.

New Jersey candidates must satisfy a 4-year state residency requirement. In August, New Jersey Lt. Gov. Kim Guadagno refused to certify Lewis's candidacy because Lewis had not resided in the Garden State for the requisite time period.

Third Circuit Denies Rehearing in Media Cross-Ownership Case

The Third Circuit Court of Appeals denied a motion for a full-court review of its July cross-ownership decision in Prometheus Radio Project v. FCC on Tuesday.

The National Association of Broadcasters (NAB), CBS, and other media outlets requested re-hearing in August, saying that the three-judge panel had ruled incorrectly, and asserting that the Third Circuit appeared to want to retain jurisdiction over the case "in perpetuity."

The same three-judge panel had ruled against the group in 2004.

Hiring Notice: Third Circuit Court of Appeals Hiring Attorneys

If you’ve ever dreamed of getting up close and personal with the Third Circuit Court of Appeals - the place where corrupt politicians go to have their sentencing dreams crushed - today is your lucky day.

The Third Circuit anticipates hiring attorneys for one-year terms beginning in September 2012. Licensed attorneys, third-year law students, and recent graduates may apply.

Unlike the better-known federal judicial clerkship, this position is a staff attorney clerkship. Staff attorneys serve the court at-large rather than in the chambers of individual judges.