UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
April 6, 2012
THE HONORABLE LEON A. KENDALL,
THE DAILY NEWS PUBLISHING CO., ET AL.
(V.I. S. Ct. Civ. No. 2010-00046)
The opinion of the court was delivered by: Present: Rendell, Hardiman and Van Antwerpen, Circuit Judges
March 8, 2012
(1) Petitioner's petition for a writ of certiorari and appendix;
(2) Respondents' brief in opposition thereto;
(3) Respondents' supplemental appendix;
(4) Petitioner's reply brief;
(5) Petitioner's motion for leave to file a supplemental appendix; and
(6) Petitioner's supplemental appendix in the above-captioned case.
March 8, 2012
THE HONORABLE LEON A. KENDALL v. THE DAILY NEWS PUBLISHING CO., ET AL.
C.A. No. 11-4162
Petitioner's motion for leave to file a supplemental appendix is granted. Petitioner's petition for a writ of certiorari is granted as well. See 3d Cir. LAR 112.1 (2010). The writ is granted with respect to the three issues that petitioner raises in his petition, namely: (1) whether the "actual malice" standard articulated in New York Times Co. v. Sullivan, 376 U.S. 254, 279-80 (1964), can be satisfied by a defendant's mere awareness of a defamatory implication (as opposed to an actual intent to convey that implication) and, if so, whether the standard was satisfied in this case; (2) whether the Virgin Islands Supreme Court's review exceeded the scope of the "independent examination" required by Bose Corp. v. Consumers Union of U.S., Inc., 466 U.S. 485, 499 (1984); and (3) whether the Virgin Islands Supreme Court Justices erred in not recusing themselves from this matter. This appeal is consolidated with In re Kendall, C.A. No. 11-4471, for disposition only.
By the Court,
Thomas M. Hardiman Circuit Judge
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