3rd Circuit

Commonwealth v. Ung: The Other Side of the Story

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Gerald Ung (left) and Edward DiDonato Jr. (right)

In response to our last story about Gerald Ung — the Temple Law student now on trial for attempted murder and aggravated assault (among other charges), after shooting Eddie DiDonato, a former Villanova lacrosse captain and the son of a prominent Fox Rothschild partner — some commenters expressed the view that our coverage was too favorable to the prosecution.

Look — we have no dog in this fight. It seems that the part of the post readers found most objectionable was a blockquote from a source who attended the trial, which we reprinted simply because it was from someone actually present in the courtroom. Sadly, Above the Law doesn’t have a Philadelphia bureau. If you’ve been attending the trial and would like to share your thoughts with us, we’d love to hear from you.

Another reason why the earlier story might have seemed more pro-prosecution is that it was describing the prosecution’s side of the case and the early prosecution witnesses. Now that the trial has been going on for several days, a fuller version of events has emerged. This will culminate tomorrow, when defendant Gerald Ung is expected to take the stand. This is not typical — it happens more on TV and in the movies than in real life — but then again, this is not the typical case. Ung’s defense lawyer, Jack McMahon, may be betting on the ability of his client — a law student, presumably intelligent and articulate — to win over the jury.

Let’s learn more about what’s been going on at the trial over the past few days — and hear some juicy tidbits about defense counsel McMahon….

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Separation of Powers: Governor Rendell and Judge Rendell Split

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Judge Marjorie Rendell (former First Lady of Pennsylvania).

There’s lots of law-related news coming out of Philadelphia right now.

The lead story on the Philadelphia Inquirer’s website today is about the latest Villanova Law scandal, regarding falsified admissions data being submitted to the ABA. (The article contains a shout-out to ATL, which we appreciate.)

The trial of Gerald Ung, the Temple Law student accused of shooting another young man, is getting underway in Philly this week. Opening arguments are set for this morning. (If you have any tips on the Ung story, please contact us.)

And then there’s the news that has all tongues wagging in the City of Brotherly Love: the split of a big-time Pennsylvania power couple (and a pair of Villanova Law grads, by the way).

Former Governor Edward Rendell, who left the governor’s mansion just last month, and Judge Marjorie Rendell, a prominent judge on the U.S. Court of Appeals for the Third Circuit, are going their separate ways. They announced their separation, after 40 years of marriage, in an email sent to friends….

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Defense Attorney Will Poke Appeals Court Over Juror’s Right to Privacy

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Facebook’s lawyers have been looking for a rumble over the company’s responsibility to turn over user account information in legal cases. Now they’ve got one, thanks to a California juror and his grandstanding defense attorney.

The case stems from a gang violence criminal trial. Members of the Killa Mobb were being tried for a 2008 attack on a San Francisco man at a gas station. One of the 12 angry apathetic men in the jury box, Arturo Ramirez, posted to Facebook during the course of the trial that it was “boring.” Now the Killa Mobb’s defense attorneys want to get a hold of those postings, and any responses from Ramirez’s friends, to prove that he may have been biased — so the Mobb members can get a new trial.

Facebook refused to turn over Ramirez’s information, citing a 1986 law that protects Americans’ electronic communications. Ramirez originally told the Sacramento Bee that he was willing to turn the status messages over, but that was before he linked up with his own defense attorney, Ken Rosenfeld, who looks like he might like a little media attention. Rosenfeld’s now planning to fight tooth and nail to keep his client’s Facebook privacy settings high…

Continue reading at The Not-So Private Parts….

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The Third Circuit Respects Supremacy — A Lesson Arizona Will Soon Learn.

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Hazleton, Pennsylvania, is a lovely little town (or so Lat tells me — his aunt used to live there). But it’s not bigger than the federal government or the Constitution of the United States of America.

That’s the lesson the Third Circuit handed down today with its decision in the Lozano v. Hazleton case. At issue: Hazleton city ordinances making it illegal for undocumented immigrants to work or even rent a house in Hazleton.

Apparently, the Third Circuit still believes in federal supremacy. From the opinion:

Although our reasoning differs from that of the district court, we agree that the provisions of the ordinances which we have jurisdiction to review are pre-empted by federal immigration law and unconstitutional under the Supremacy Clause.

Did you hear that, Arizona? Your quixotic quest to deal with illegal immigrants without consulting the Constitution is almost over…

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Third Circuit Affirms Dismissal of Female Partner’s Discrimination Case

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Alyson Kirleis

There’s a serious gender-based wage gap in the legal profession. Female partners make $66K less than male partners on average. If you’re a female partner who has thought about tackling that gap with a lawsuit, you may be interested in the case of Alyson J. Kirleis.

Kirleis, a shareholder at Dickie McCamey in Pennsylvania, has been pursuing a sexual discrimination suit against her firm for the last four years. From the Legal Intelligencer (via The Careerist):

In the suit, Kirleis accused Dickie McCamey of paying female lawyers less than males and alleged she was told by a male partner that a woman with children should relinquish her partnership and work only part-time.

Kirleis, who has worked at the firm since 1988, also claimed she was told by another male partner that the role of women lawyers was to prepare lawsuits for trials that would be handled by male lawyers. The suit also included allegations that Kirleis has suffered retaliation since her suit was filed, and that Dickie McCamey’s annual Christmas party is effectively closed to women “because of the sexually explicit nature of the entertainment including skits, songs, pornographic materials and props.”

The Legal Intelligencer pointed out that her suit could have broken new legal ground, establishing that “some law firm partners are not equal to their fellow partners and ought to be allowed to pursue employment discrimination claims such as suing for equal pay.”

But the Third Circuit wasn’t on board…

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Advice for Clerkship Seekers: Bring Duck and Apple Wontons to Your Interview With Judge Rendell

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Yes, we did catch Judge Marjorie O. Rendell on the Food Network earlier this week (see screenshot above). As we previously mentioned, she recently appeared on Dinner: Impossible, in her capacity as First Lady of Pennsylvania.

Chef Robert Invine was given a challenging task. He was directed “to prepare a stately array of hors d’oeuvres,” to be served at the Inaugural Ball of Judge Rendell’s husband, Pennsylvania Governor Edward Rendell.

The number of guests: 4,000. The amount of time available to him: 24 hours. Despite the difficulty of the project, Chef Irvine completed his mission.

But we were a little disappointed with the episode, for a number of reasons….

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Has a Federal Judge Ever Appeared on the Food Network?

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Marjorie Rendell Midge Rendell Judge Marjorie O Rendell Above the Law Blog.jpgIf the answer is no, that’s about to change, as of tonight. A culinarily-minded tipster alerts us:

Tonight at 10:30 EST, the fabulous Judge Midge Rendell will appear on the Food Network. Check out tonight’s episode of Dinner: Impossible:

“Chef Robert Irvine faces his most daunting assignment yet. In a surprise meeting, the governor of Pennsylvania [Ed Rendell] challenges Robert to prepare a stately array of hors d’oeuvres for his Inaugural Ball. In just 24 hours Robert has to create and prepare Pennsylvania delicacies to feed 4,000 attendees!”

Television commercials reveal that Judge Rendell will appear on the show. I suspect that it will be diva-licious!

We agree. And perhaps Judge Rendell, who has given musical guidance to Jon Bon Jovi, can teach Irvine a thing or two about cooking.

If you need to be reminded of this judicial diva’s prowess in the kitchen, we direct you to her nomination blurb as a Superhottie of the Federal Judiciary:

By day, Judge Marjorie O. Rendell of the Third Circuit develops groundbreaking precedents affecting fundamental constitutional rights. By night, First Lady Marjorie “Midge” Rendell of the Governor’s Mansion develops… recipes!

Yes, now you too can whip up a feast consisting of Judge Rendell’s Savory Meatloaf, Broccoli-Chicken Casserole (yummy but fattening — that’s a lot of cream cheese!), Stuffed Mushrooms, and Lowfat Raspberry Souffle. Your Honor, this is delish!

Have any of you — maybe there are some former Rendell clerks among you — sampled Judge Rendell’s cuisine? If so, we’d love to get your firsthand report.

P.S. If you’re such a huge Judge Rendell groupie that you want to see her in person as well as on television, check out this event, taking place in Philadelphia on Sunday afternoon. It sounds fantastic.

We would have loved to watch the legendary Miguel Estrada and David Rudovsky argue before a star-studded bench. But when we called yesterday to reserve a seat, we were informed that seats are no longer available.

If you hang around outside the entrance, though, maybe you can catch a glimpse of judicial hottie Rendell as she enters or exits the building. Good luck!

Dinner: Impossible [Food Network]
Peter Jennings Project: Law and Order in 2015: A Case Set in the Future [National Constitution Center]
Judge Marjorie O. Rendell bio [FJC]

Earlier: Judge Rendell: She Gives Love a Bad Name

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Judge Rendell: She Gives Love a Bad Name

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Jon Bon Jovi Judge Marjorie Rendell Marjorie O Rendell Midge Rendell.JPGThe latest item for Eyes of the Law, our legal celebrity sightings column, is a doozy. From the AP:

Rock band Bon Jovi, Harrisburg restaurants and school bands from all over the state were part of yesterday’s daylong celebration of Pennsylvania Governor Ed Rendell’s inauguration for a second term….

Even more talented than Rendell was his wife, Midge Rendell [aka Third Circuit Judge Marjorie O. Rendell], who capped the concert by singing a duet with rock star Jon Bon Jovi of “Who Says You Can’t Go Home?”

The performance brought the night’s first standing ovation. Rendell ambled up on stage afterward and marveled that no other first lady could sing with Bon Jovi.

“Take that Maria Shriver,” he bellowed, referring to the wife of California Gov. Arnold Schwarzenegger.

Please correct us if we’re wrong. But this is, as far as we know, the first time a federal circuit judge has sung a duet with Jon Bon Jovi.*

In addition to her musical prowess, the Honorable Marjorie Rendell also deserves props for being the Stylish Marjorie Rendell.

The attractive Judge Rendell, a federal judicial hottie, wore a gown by noted designer Paula Hian to the inauguration festivities.

For hard-core fashionistas, a lengthy description of the frock appears after the jump.

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