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Misconduct Report: November 2014

Thomas Hardiman

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Thomas Hardiman
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Current Court Information:
United States Court of Appeals for the Third Circuit
Title:   Judge
Position:   Seat #10
Station:   Philadelphia, PA
Service:
Appointed by:   George W. Bush
Active:   04/02/2007 - Present
Preceded by:   Richard Nygaard
Succeeded by:   Cathy Bissoon
Past post:   Western District of Pennsylvania
Past term:   2003 - 2007
Personal History
Born:   1965
Hometown:   Winchester, MA
Undergraduate:   Notre Dame '87
Law School:   Georgetown Law '90
Thomas Michael Hardiman (b.1965) is an Article III federal judge for the United States Court of Appeals for the Third Circuit. He joined the court in 2007 after being nominated by President George W. Bush.

Early life and education

Born in Winchester, Massachusetts, Hardiman graduated from the University of Notre Dame with his bachelor's degree in 1987, and later received a Juris Doctor from Georgetown University Law Center in 1990.[1]

Professional career

Hardiman worked as a private practice attorney in Washington, D.C., from 1990 to 1992, and then practiced in the State of Pennsylvania from 1992 to 2003.[1]

Judicial career

Third Circuit Court of Appeals

On the recommendation of U.S. Senator Arlen Specter, Hardiman was nominated to the United States Court of Appeals for the Third Circuit by President George W. Bush on January 9, 2007, to a seat vacated by Richard Nygaard as Nyggard assumed senior status. Hardiman was confirmed by the U.S. Senate on March 15, 2007, on a Senate vote and received commission on April 2, 2007.[2]

Western District of Pennsylvania

On the recommendation of U.S. Senators Rick Santorum and Arlen Specter, Hardiman was nominated to the United States District Court for the Western District of Pennsylvania by President George W. Bush on April 9, 2003, to a seat vacated by William Standish as Standish assumed senior status. Hardiman was confirmed by the U.S. Senate on October 22, 2003, on a Senate voice vote and received commission on October 27, 2003.[3]

Notable cases

Judges agree that non-fiction book about known affair isn't defamatory (2014)

     United States Court of Appeals for the Third Circuit (Crecenz v. Penguin Group, Inc.; Capuzzo, 13-1242)

On March 26, 2014, a three-judge panel of the Third Circuit, composed of Judges Hardiman, Thomas Ambro, Michael Fisher, ruled that a non-fiction book was not defamatory even though it addressed a married woman's affair with her boss.[4]


In the underlying case, Penguin Group published a book written by Michael Capuzzo called "The Murder Room: The Heirs of Sherlock Holmes Gather to Solve the World's Most Perplexing Cold Cases," in August 2010. The book recounted the work of the Vidocq Society, a Philadelphia-based forensic group, and its founding member, Frank Bender. Bender's assistant, Joan Crecenz, filed a lawsuit in 2011, alleging that she was defamed and suffered false light invasion of privacy as a result of Capuzzo's "reckless casting" of her as one of her boss's "girlfriends." During the course of the litigation, however, additional facts were disclosed concerning Crecenz's sexual relationship with Bender, and Judge Noel Hillman of the District of New Jersey awarded summary judgment to Penguin Group and Capuzzo.[4]


Crecenz appealed to the Third Circuit which affirmed the ruling. Judge Hardiman, on behalf of the majority, wrote:[4]


[W]e agree with the District Court that summary judgment is appropriate because Capuzzo possessed overwhelming evidence of a sexual relationship between Bender and Crescenz, and because Crescenz has failed to refute that evidence. Even if a jury could credit Crescenz’s testimony and find the allegations of a sexual relationship false, no reasonable jury could find that Capuzzo was negligent in ascertaining the truth of his statements. Accordingly, the District Court did not err in granting summary judgment to Capuzzo on Crescenz’s defamation claim.[5]

Delaware sports betting case (2009)

     United States Court of Appeals for the Third Circuit (OFC Commissioner of Baseball, et al v. Jack Markell, et al, 09-3297)

Judge Hardiman wrote the court's opinion in a case about whether the State of Delaware had legal standing to expand sports betting. Judges Julio Fuentes and Theodore McKee joined Hardiman on the three-judge panel. The three-judge panel ruled on September 1, 2009, that the State of Delaware could offer sports betting on parlays (multiple games), but ruled that betting on individual games including football, basketball, and hockey was illegal under federal law. The ruling from the Third Circuit affirmed Judge Greg Sleet's ruling that Delaware was limited to offering sports betting for multiple games. This is consistent with a 1976 law that outlawed wagering on individual games.[6]

See also

External links

References

Federal judicial offices
Preceded by:
William Standish
Western District of Pennsylvania
2003–2007
Seat #10
Succeeded by:
'
Preceded by:
Richard Nygaard
Third Circuit Court of Appeals
2007–present
Succeeded by:
NA