3rd Circuit Court

Probation Too Cushy for Tax Evader

A federal appeals court has ruled that the owner of a construction company who evaded personal income taxes on his luxurious home should have received a prison sentence. The opinion by the 3rd U.S. Circuit Court of Appeals weighs the meaning of the Supreme Court opinion United States v. Booker,…

Aug 23, 2007 10:39 AM CDT

Lawyer Problems for Ex-Mayor

A court hearing today may determine whether Newark’s former mayor will keep either of two attorneys originally hired to defend him on corruption charges. One lawyer says former mayor Sharpe James doesn’t have enough money to pay his fees, and another lawyer has been accused of a conflict of interest,…

Aug 22, 2007 3:10 PM CDT

Judge Sued Over Maserati Incident

A lawsuit claims a New Jersey judge should be tossed from the bench because of his actions against a man he accused of scratching his Maserati. The suit, filed in federal court in Newark, claims Judge George R. Korpita of Rockaway Borough abused the legal process and violated the civil…

Aug 22, 2007 12:17 PM CDT

Nexium False Ad Suit Pre-empted

A federal appeals court has ruled a state lawsuit challenging Nexium advertising claims is pre-empted by federal law and must be dismissed. The ruling is a big win for pharmaceutical manufacturers, the Legal Intelligencer reports. The Food and Drug Administration has exclusive authority to regulate pharmaceutical advertising, the 3rd U.S.…

Aug 22, 2007 10:37 AM CDT

Parolees Win Same-Sex Rights

Two recently paroled methamphetamine dealers can continue in their relationship of more than 20 years, in spite of a rule that normally bars convicted felons from associating with one another while they are on parole. Initially, Daniel Mangini, 42, and Steven Roberts, 43, were told that they had to follow…

Aug 21, 2007 9:37 PM CDT

Relief for Lawyers in $20 M Lender Bounced-Checks Case

There is relief in sight for lawyers in Georgia and elsewhere who covered perhaps $20 million in bounced checks issued by a mortgage lender. After hearing from Edwin R. Neel, a veteran Atlanta real estate attorney who said he put up his own home to pay for HomeBanc Mortgage Corp.’s…

Aug 21, 2007 6:46 PM CDT

Ruling Speeds NJ Foreclosures

A federal appeals court has cleared up a dispute in New Jersey over how long homeowners have to cure a mortgage default. The 3rd U.S. Circuit Court of Appeals ruled Aug. 3 that the right to cure ends when the auction gavel drops, adopting the so-called gavel rule, the New…

Aug 10, 2007 10:45 AM CDT

401(k) Class Action Reinstated

A federal appeals court has ruled a former employee who cashed out of his 401(k) plan has standing to sue for mismanagement. The July 31 ruling (PDF) by the 3rd U.S. Circuit Court of Appeals reinstates a class action that claims the plan administrator should not have offered an option…

Aug 3, 2007 11:14 AM CDT

Judge Voids Hazleton Immigration Law

In a ruling with national implications, a federal judge in Pennsylvania today struck down a controversial Hazleton municipal ordinance that would have imposed hefty fines on businesses for hiring illegal immigrants and landlords for renting to them. The ordinance was unconstitutional, ruled U.S. District Judge James M. Munley, because it…

Jul 26, 2007 9:38 PM CDT

Firm’s Archive Search Not Illegal

A Pennsylvania law firm has emerged unscathed from its trip through the “Wayback Machine.” Judge Robert Kelly of Philadelphia has ruled Harding, Earley, Follmer & Frailey did not infringe a company’s copyright by obtaining its archived Internet pages using a search tool called the Wayback Machine. Nor did the law…

Jul 24, 2007 1:20 PM CDT

Motion to Bar Bush Mention Denied

A federal judge in Philadelphia has turned down an unusual request to bar mention of the president’s name and the Iraq war during a trial scheduled to begin on Monday. Harold Lischner, an 82-year-old physician, is suing Pennsylvania’s Upper Darby Township for violating his Fourth Amendment rights by arresting him…

Jul 20, 2007 1:08 PM CDT

3rd Circuit Nominee a Surprise

One of President Bush’s four recent nominees to federal appeals courts faces an uphill battle because of concerns expressed by two Democratic home-state senators. Bush nominated Shalom Stone to the 3rd U.S. Circuit Court of Appeals without input from New Jersey’s senators, Frank Lautenberg and Robert Menendez, the New Jersey…

Jul 19, 2007 1:31 PM CDT

CIGNA Judge: High Fees Justified

A federal judge has approved $21.3 million in fees for plaintiffs’ attorneys who obtained a $93 million settlement in a suit against CIGNA Corp. for securities fraud. U.S. District Judge Michael Baylson of Philadelphia said the attorneys were entitled to high fees because “the amount of the settlement in this…

Jul 18, 2007 2:17 PM CDT

Measure Cages ‘Rat’ Web Site

A second federal court has taken steps to protect the identities of defendants who cooperate with authorities. The Eastern District of Pennsylvania will no longer post sentencing and plea dockets to its Web site, making it more difficult to learn whether defendants agreed to cooperate, the Legal Intelligencer reports. The…

Jul 17, 2007 1:28 PM CDT

Bad Call Raises Judge’s Ire

A federal judge has notified federal prosecutors about the conduct of three lawyers defending a mortgage company. U.S. District Judge Harold Ackerman sent letters summarizing the facts to the chief judge for the District of New Jersey, federal prosecutors in Newark, and New Jersey’s Office of Attorney Ethics. They concern…

Jul 16, 2007 9:32 PM CDT