10 hrs ago
Jacob Sullum on the Bipartisan Abuse of Recess Appointments
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)
Wed May 22, 2013
Ex-College QB Can Press Claim Over EA's Video Game
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.
'Is long-running pollution 'an event'? 3rd Circuit says yes in CAFA case.'
"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.
Tue May 21, 2013
Appeals Court Revives Ex-QB's Lawsuit Over 'NCAA Football' Game
In an important appeal that divided Hollywood, the Third Circuit sides with the likeness rights of celebrities over protections afforded by the First Amendment.
Mon May 20, 2013
Third Circuit Holds Craig Becker's NLRB Recess Appointment Unconstitutional
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.
Sat May 18, 2013
National Review Online
Re: Third Circuit Ruling Against Presidential Recess-Appointment Authority
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.
Erie Times News
Diehl-Armstrong files new appeal in Erie pizza bomber case
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.
Fri May 17, 2013
FDCA Express Preemption Victory in Benecol Misbranding Class Action
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.
Thu May 16, 2013
'Federal court hears appeal over Delaware court secrecy'
"Federal court hears appeal over Delaware court secrecy": Sean O'Sullivan of The News Journal of Wilmington, Delaware has this news update .
Talking Points Memo
Another Big Recess Appointment Setback
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.
The Las Vegas Sun
Second court invalidates Obama recess appointment
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...
"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.
Tue May 14, 2013
Appeals court reviews Titusville child porn case
Federal appeals judges today heard arguments about how much is too much when prosecutors present images of child pornography to a jury at trial.
Mon May 13, 2013
Old Judges Don't Fade Away, They Simply Sue to Stay
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.
Daily Business Review
Evicted Expert Gambler Can Sue Golden Nugget
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.
Honoring Judge Jane Roth
Last Friday, the Third Circuit unveiled a portrait of Judge Jane R. Roth, which also doubled as a clerk reunion .
Fri May 10, 2013
Legal Brief: Collective-Action Claims Defeated by Employer Offer
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 Citizens' Voice
Jury sides with former sheriff in video lawsuit
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.
Thu May 09, 2013
Council will challenge legal decision that could affect Jim Thorpe remains
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.