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The Honorable Leon A. Kendall v. the Daily News Publishing Co.

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


April 6, 2012

THE HONORABLE LEON A. KENDALL,
PETITIONER
v.
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

CLD-135

March 8, 2012

Submitted are:

(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.

Respectfully,

Clerk

MMW/EGL/nmr

CLD-135

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

20120406

© 1992-2012 VersusLaw Inc.



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