As of October 1, Judge Smith has succeeded Judge McKee as Chief Judge of the Third Circuit Court of Appeals.  Judge McKee has been Chief Judge since 2010, succeeding Judge Scirica in that role.  Judge McKee is thus, to date, the only Third Circuit Chief Judge that this blog has ever known.

The new Chief Judge, Judge Smith, is very familiar to readers of this blog as a prolific author of opinions, especially in the area of class actions.  A graduate of Franklin and Marshall College and Dickinson School of Law, the predecessor to Penn State Law, Judge Smith began his legal caree

Chief Judge McKee has announced the formation of a Task Force on Eyewitness Identifications.  This seventeen-member body will be co-chaired by Chief Judge McKee and Judge Mitchell Goldberg of the United States District Court for the Eastern District of Pennsylvania, and includes judges of the Third Circuit and Dsitrict Judges from each District in the Circuit.  Also on the Task Force are a Middle District of Pennsylvania Federal Defender, the Delaware United States Attorney, a Philadelphia FBI assistant special agent-in-charge, a New Jersey Supervising Deputy Attorney General, and

DePolo v. Tredyffrin Tp. Bd. of Supervisors, 835 F.3d 381 (3d Cir. 2016).  Jeffrey DePolo is a ham radio enthusiast in Pennsylvania.  He applied to defendant Zoning Hearing Board of Appeals (“ZHBA”) for a variance that would allow him to place a 180-foot antenna on his property so that he could communicate with other ham radio operators.  The municipal zoning ordinance allowed only structures that were up to 35 feet tall.  The ZHBA offered to allow a 6