Third Circuit Court of Appeals News

Ed Meese, Ronald Reagan's attorney general, spoke for many Republicans when he called President Obama's 2012 appointment of four federal officials without Senate approval "a breathtaking violation of the separation of powers." But according to a recent federal appeals court decision , abuses like Obama's have been a bipartisan practice in recent ... (more)

In a case of first impression, a split panel of the U.S. Court of Appeals for the Third Circuit has restored a cause of action by a former college football player who says his likeness has been appropriated without his consent for use in a video game.

Bad facts make bad law: it's legal clichA© that is unfortunately based on reality.

"Is long-running pollution 'an event'? 3rd Circuit says yes in CAFA case." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report about a ruling that the U.S. Court of Appeals for the Third Circuit issued last Friday.

In an important appeal that divided Hollywood, the Third Circuit sides with the likeness rights of celebrities over protections afforded by the First Amendment.

A second federal appellate court holds that President Obama's NLRB recess appointments were invalid and potentially calls into question every Board decision since March 2010.

The Wall Street Journal has a great summary of the Third Circuit's opinion invalidating one of President Obama's NLRB recess appointments: In a 2-1 decision, Judge D. Brooks Smith ruled in National Labor Relations Board v. New Vista Nursing and Rehabilitation that Mr.

Marjorie Diehl-Armstrong, who criticized her court-appointed lawyer during her prosecution in the pizza bomber case, is seeking on her own to overturn her conviction and sentence of life plus 30 years.

A recent Third Circuit case brings good news for defendants making express preemption arguments under the Food, Drug and Cosmetic Act in misbranding class actions.

"Federal court hears appeal over Delaware court secrecy": Sean O'Sullivan of The News Journal of Wilmington, Delaware has this news update .

A new decision just out today from the Third Circuit Court of Appeals also declares an Obama recess appointment to the NLRB invalid, apparently following similar logic the D.C. Circuit used in its decision in January.

A second federal appeals court has ruled that President Barack Obama exceeded his power in making a recess appointment to the National Labor Relations Board.

"We hold that the Recess of the Senate in the Recess Appointments Clause refers to only intersession breaks." So holds the majority on a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit in an NLRB recess appointment challenge decided today.

Federal appeals judges today heard arguments about how much is too much when prosecutors present images of child pornography to a jury at trial.

Judges, like professional athletes, rarely know when it's time to hang it up. Like pro athletes, because they're insulated from the public - for good reason - and people routinely suck up to them, they can sometimes lose touch with reality and how they're perceived.

A professional gambler ousted from an Atlantic City casino can sue its successor in federal court for battery and false imprisonment, an appeals court says, reversing a judge who found the case fell short of the threshold amount in controversy for diversity jurisdiction.

Last Friday, the Third Circuit unveiled a portrait of Judge Jane R. Roth, which also doubled as a clerk reunion .

Laura Symczyk filed a lawsuit against her employer, Genesis HealthCare Corp., alleging that Genesis violated the Fair Labor Standards Act by automatically deducting pay for a 30-minute lunch break even if the employee worked during that time.

The delousing video might have been amateur - and maybe not such a great idea in retrospect - but it didn't violate a former deputy's rights.

A legal decision involving the remains of Jim Thorpe will be challenged by the Carbon County borough that is home to the famed athlete's grave and is named in his honor.