Bar Association for the Third Federal Circuit On Appeal January 2020 SAVE THE DATES – THIRD CIRCUIT JUDICIAL CONFERENCE Volume XIV, Number 1 The next Third Circuit Judicial Conference will be open to members of the bar and will • Save the Dates – Third Circuit Judicial be held from Wednesday, May 13 through Friday, May 15, 2020 at the Penn’s Landing Conference – Page 1 Hilton in Philadelphia. As at past conferences, the Third Circuit Bar Association will be • Third Circuit Bar Association Welcomes sponsoring the Wednesday night cocktail reception that precedes the bench-bar dinner Judge Paul B. Matey and Judge Peter J. and will host a breakfast meeting on Thursday morning. The Court has asked us to Phipps to the Court – Page 2 organize and present the ethics segment of the CLE offerings, which will be presented • Third Circuit Maintains Longstanding on Friday morning. Information about registering will be forthcoming from the Court and View that Private Citizens Lack Judicially we will disseminate that information as soon as we receive it. Cognizable Interest in the Prosecution of Another – Page 3 Past bench-bar judicial conferences have offered opportunities to learn about judicial • Fleeing the Cave of Polyphemus administrative issues (at both the trial and appellate level) that are of concern to the and Journeying Between Scylla and courts within the Circuit and to offer feedback about issues that concern attorneys Charybdis – Page 4 who practice in federal courts. The CLE offerings are first rate and relevant to issues that federal practitioners within the Circuit face. The Third Circuit’s judges and their • U.S. Supreme Court Affirms Third Circuit’s En Banc Ruling Regarding colleagues on the Circuit’s district court benches are known for their collegiality and this FDCPA’s Statute of Limitations – Page 5 is a great opportunity to meet them in a less formal setting than from the receiving end • Third Circuit Forms Workplace Conduct of a barrage of questions from a “hot court.” One of the popular events is the “district Committee and Announces Appointment breakfasts,” where the practitioners from a district have breakfast with the judges and of First Director of Workplace Relations – court staff from that district. It is a fantastic opportunity to get to know the people who Page 6 make your court run. It is also a great opportunity to meet up with fellow appellate • President’s Note – Page 7 practitioners, as the Third Circuit Bar Association’s members typically turn out in force • Chief Justice Names Conference for this conference. Committee Chairs, Including Four from The Court had held bench-bar judicial conferences every other year for the last several the Third Circuit – Page 7 years but has returned to its prior practice of opening the conference to the bar only • Judge Cheryl Ann Krause and Jane every third year. So pencil the dates in on your calendar now—you will not want to miss Chong, Esq. Awarded 2019 American Inns out on this opportunity. of Court Warren E. Burger Prize –Page 8 We can always use assistance when organizing for an event such as this. We are looking for people to help organize the events we are sponsoring/hosting as well as to assist in developing the CLE program. If you would like to become more involved in the Third FOR MORE INFORMATION ABOUT THE Circuit Bar Association, please contact Andy Simpson at [email protected]. THIRD CIRCUIT BAR ASSOCIATION, PLEASE CONTACT US AT: [email protected] OR VISIT US AT: www.thirdcircuitbar.org 1 THIRD CIRCUIT BAR ASSOCIATION WELCOMES JUDGE PAUL B. MATEY AND JUDGE PETER J. PHIPPS TO THE COURT M. Patrick Yingling Reed Smith LLP, Chicago, IL The Third Circuit is now running with its full complement of 14 active judges. In 2019, the Court welcomed Judge Paul B. Matey and Judge Peter J. Phipps, and the Third Circuit Bar Association wholeheartedly welcomes Judge Matey and Judge Phipps as well. On March 12, 2019, the U.S. Senate confirmed the nomination of Judge Matey to the Court. He fills the vacancy created when Judge Julio M. Fuentes took senior status. Judge Matey joins the Third Circuit from Lowenstein Sandler, where he was partner in the firm’s litigation department. Judge Matey was born in Edison, New Jersey. He received his B.A. from the University of Scranton and his J.D., summa cum laude, from the Seton Hall University School of Law. After graduating from law school, Judge Matey served as a law clerk to Judge John C. Lifland of the U.S. District Court for the District of New Jersey and to Judge Robert Cowen of the U.S. Court of Appeals for the Third Circuit. Following his clerkships, Judge Matey practiced law as a litigation associate at the Washington, D.C., law firm Kellogg, Hansen, Todd, Figel & Frederick. From 2005 to 2009, Judge Matey worked as an Assistant U.S. Attorney for the District of New Jersey, where he prosecuted matters including complex white- collar crimes and child protection actions, and received the Director’s Award for Superior Performance from the U.S. Department of Justice. From 2010 to 2015, he served as senior counsel and then as deputy chief counsel to Governor of New Jersey Chris Christie. From 2015 to 2018, before joining Lowenstein Sandler, Judge Matey was senior vice president, general counsel, and secretary of University Hospital in Newark. Judge Matey’s investiture ceremony was held in Newark on September 12, 2019 where the Oath of Office was administered by Justice Samuel A. Alito, Jr. Speakers included Chief Judge D. Brooks Smith, Governor Chris Christie, Craig Carpenito, United States Attorney for the District of New Jersey, Chris Porrino, former Attorney General of New Jersey and current Chair of Litigation at Lowenstein Sandler, Donald F. McGahn II, former Counsel to the President of the United States, Father Nicholas S. Gengaro, Chaplain, Seton Hall University School of Law, and Robert Luther, III, former Associate Counsel to the President. On joining the Court, Judge Matey stated, “I am deeply honored by the privilege to serve the nation through our enduring commitment to the rule of law.” Judge Matey’s chambers are located in the Martin Luther King, Jr. Federal Building and U.S. Courthouse in Newark, New Jersey. The Third Circuit Bar Association congratulates Judge Matey and welcomes him to the Court! On July 16, 2019, the U.S. Senate confirmed the nomination of Judge Phipps to the Court. He fills the vacancy created when Judge Thomas I. Vanaskie took senior status. Judge Phipps joins the Third Circuit from the U.S. District Court for the Western District of Pennsylvania, where he served as a District Judge. Judge Phipps was born at Dyess Air Force Base in Abilene, Texas. He earned both a B.S. in physics and a B.A. in history from the University of Dayton, summa cum laude, and earned his J.D. from Stanford Law School, where he served as the managing editor of the Stanford Law & Policy Review. Following law school, he served as a law clerk to Judge R. Guy Cole Jr. of the U.S. Court of Appeals for the Sixth Circuit. Early in his career, Phipps worked as an associate at Jones Day, where his practice focused on civil litigation. Before ascending to the bench, Judge Phipps served as senior trial counsel in the Federal Programs Branch of the Department of Justice’s Civil Division. During his 15-year tenure at the Justice Department, Judge Phipps litigated some of the most significant cases implicating the interests of the United States and received numerous awards and commendations, including the Attorney General’s Distinguished Service Award. Judge Phipps looks forward to serving on the Circuit and his chambers are located in the Joseph F. Weis, Jr. U.S. Courthouse in Pittsburgh, PA. The Third Circuit Bar Association congratulates Judge Phipps and welcomes him to the Court! 2 THIRD CIRCUIT MAINTAINS LONGSTANDING VIEW THAT PRIVATE CITIZENS LACK JUDICIALLY COGNIZABLE INTEREST IN THE PROSECUTION OF ANOTHER U.S. ex rel. Jean Charte v. Wegeler, 941 F.3d 665 (3d Cir. 2019) Laurel Gift Schnader Harrison Segal & Lewis LLP, Pittsburgh, PA Danielle Bruno McDermott Schnader Harrison Segal & Lewis LLP, Pittsburgh, PA Since the Civil War, the False Claims Act (“FCA”) has served to curb fraud which the Court found to be improper and at odds with longstanding American against the federal government by encouraging private individuals to file jurisprudence. Thus, regardless of whether the FCA’s language might seem to civil actions on the government’s behalf. Whether the FCA authorizes private provide a right in this manner, Charte lacked an interest sufficient to give her individuals to intervene in related criminal proceedings, however, is an issue standing in the criminal case. that has received little attention. The Third Circuit recently addressed that issue Charte argued that she was not attempting to intervene in the criminal proceedings in United States ex rel. Jean Charte v. Wegeler, 941 F.3d 665 (3d Cir. 2019), and to affect or have any say in the manner in which Wegener was prosecuted, but found that no such intervention is permitted under the statute. rather to simply protect her interest in the restitution monies secured. Charte The FCA Action pointed to a “similar” situation—the right of a relator to intervene in a criminal forfeiture case under 21 U.S.C. § 853—to advance her position. The Court rejected In Wegeler, relator Jean Charte commenced an action under the FCA against this argument, however, because Charte was “less like” the relator looking to her employer, American Tutor, Inc., and the company’s owners and officers, protect a property interest in the § 853 context than she was like a victim including James Wegeler.