3rd Cir. Upholds Rejection of $7 Mil. Class Settlement

, The Legal Intelligencer


Denying final approval of a $7 million class settlement with National City Bank for alleged discriminatory lending practices was the right move in light of intervening U.S. Supreme Court precedent, the Third Circuit has ruled.

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What's being said

  • blake edwards

    "this lawsuit is clearly a serious matter. A Federal jury found that
    Attorney General Fisher retaliated against two former narcotics
    agents for exercising their First Amendment right to free
    speech. Moreover, the jury found that Attorney General Fisher
    had acted maliciously or wantonly toward the plaintiffs. They
    awarded $1 million in punitive damages against him and other
    defendants. In short, Mr. Fisher has been found liable by a
    jury for serious misconduct in office. We should all be

  • blake edwards

    In 2003, for some reason, arlen was in a great hurry to push fisher onto the circuit court

    NAF responded, "Fisher has a clear conflict of interest that should be resolved before he is considered for a seat on the Third Circuit.

    In February of this year, a federal jury determined that Fisher and other defendants had violated the civil rights of two state narcotics agents and awarded $1.5 million in damages. Of that amount, $225,000 in actual and punitive damages were assessed against Fisher personally for his role in the retaliation.14 A spokesperson for Fisher has stated that the Attorney General's office plans to appeal the verdict.15

    If appealed, this case would be heard by the Third Circuit, the very court to which Fisher is nominated. The pending lawsuit and troubling issues it raises make Fisher's nomination inappropriate at this time. Depriving employees of their civil rights is an extremely serious matter that demands thorough investigation and consideration. The transcript of the trial itself is more than 1,000 pages, and the jury's verdict is to be reviewed by the trial court as well as the court of appeals. Fisher should not have been nominated until this matter was resolved, and the Committee should wait until the case is concluded and it has the opportunity to review the entire case history in order to assess Fisher's fitness for a lifetime judicial appointment. It would be unprecedented for a nominee to be confirmed to a court in which he is a litigant in a pending case."

    think about it. no one else was qualified?

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