The Supreme Court announced that it has granted review in three new matters. Two of them involve questions certified to the Court by the Third Circuit Court of Appeals, under Rule 2:12A. It is relatively rare for the Court to receive, and rarer for it to grant, petitions to decide certified questions, and it appears unprecedented for the Court to have granted review in two such cases at the same time. The other new case is a grant of leave to appeal to address one of the same issues presented in one of the certified question matters....
As has been widely reported in the legal and popular press, after a series of procedural maneuvers to install Alina Habba as United States Attorney for the District of New Jersey, defendants in two criminal cases (United States v. Giraud and United States v. Pina) sought to disqualify her and to dismiss the indictments against them. On August 21, a specially assigned judge in the Middle District of Pennsylvania ruled that Habba did not properly hold that office but declined to dismiss the indictments....
When this blog began, in October 2010, it covered goings-on in the Supreme Court of New Jersey, the Appellate Division, and the Third Circuit Court of Appeals, with occasional posts about the Supreme Court of the United States. That continued for many years. More recently, however, it became too difficult to keep up with all of those three courts, and coverage of the Third Circuit disappeared virtually entirely. But since the Supreme Court and the Appellate Division have not published many decisions recently (a circumstance that is certain to change shortly), this blog will resume covering the Third Circuit at least on occasion, beginning today....
Erie Ins. Exchange v. Erie Indemnity Co., 68 F.4th 815 (3d Cir. 2023). As Judge Smith stated in his opinion in this case, the Class Action Fairness Act of 2005,...
As discussed here, the Third Circuit proposed earlier this year to amend its Local Appellate Rules to provide that papers received by the Clerk's office after 5 PM Eastern time...
By a 50-44 vote, the United States Senate yesterday confirmed Cindy Chung for a seat on the Third Circuit. Those voting in favor included three Republicans, along with Democrats. Ms....
Judge Greenaway announced that he will retire on June 15. The judge, age 65, had been appointed to the District of New Jersey bench in 1996 by President Clinton and...
As discussed (and endorsed) here, the Third Circuit has proposed amendments to its Local Appellate Rules that would establish a filing deadline of 5 PM instead of midnight in order...
As stated here, the Third Circuit has proposed a new Local Appellate Rule 26.1 and a concomitant change to LAR 113.3. LAR 26.1 would provide: Documents received by the Clerk...
As detailed here, the Third Circuit announced amendments to its Internal Operating Procedures. The amendments involve IOPs 2.1, 2.2, 2.3, and 2.5, which deal with panel or en banc determinations...
