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  • Commentaries
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3d Circuit Case Commentaries

Procedural Default and Ake Claims in Habeas Corpus: Holland v. Horn

Procedural Default and Ake Claims in Habeas Corpus: Holland v. Horn

Date: Mar 7, 2008
Procedural Default and Ake Claims in Habeas Corpus: Holland v. Horn Introduction Holland v. Horn is a pivotal case decided by the United States Court of Appeals for the Third Circuit on March 6,...
Proper Weighting of Treating vs Non-Treating Medical Opinions in Social Security Disability Claims: Gonzalez v. Astrue

Proper Weighting of Treating vs Non-Treating Medical Opinions in Social Security Disability Claims: Gonzalez v. Astrue

Date: Feb 29, 2008
Proper Weighting of Treating vs Non-Treating Medical Opinions in Social Security Disability Claims: Gonzalez v. Astrue Introduction The case of Myrna L. Gonzalez v. Michael J. Astrue, Commissioner of...
Affirmation of Summary Judgment in Pressley v. Beard: Reinforcing Standards for Civil Rights Claims in Correctional Facilities

Affirmation of Summary Judgment in Pressley v. Beard: Reinforcing Standards for Civil Rights Claims in Correctional Facilities

Date: Feb 27, 2008
Affirmation of Summary Judgment in Pressley v. Beard: Reinforcing Standards for Civil Rights Claims in Correctional Facilities Introduction Sean Pressley, a state prisoner incarcerated at the State...
Deliberate Indifference in Prison Medical Care: Young v. Kazmerski & Moczulski

Deliberate Indifference in Prison Medical Care: Young v. Kazmerski & Moczulski

Date: Feb 26, 2008
Deliberate Indifference in Prison Medical Care: Young v. Kazmerski & Moczulski Introduction Young v. Kazmerski & Moczulski (266 F. App'x 191) is a significant appellate decision from the United...
Discontinuance of Juvenile Adjudication Not a Sentence: Comprehensive Analysis of UNITED STATES v. Shawn Langford

Discontinuance of Juvenile Adjudication Not a Sentence: Comprehensive Analysis of UNITED STATES v. Shawn Langford

Date: Feb 23, 2008
Discontinuance of Juvenile Adjudication Not a Sentence: Comprehensive Analysis of UNITED STATES v. Shawn Langford Introduction The case of UNITED STATES of America v. Shawn Langford, 516 F.3d 205 (3d...
Discretionary Function Exception Upholds Government Immunity in Merando v. United States

Discretionary Function Exception Upholds Government Immunity in Merando v. United States

Date: Feb 21, 2008
Discretionary Function Exception Upholds Government Immunity in Merando v. United States Introduction In the case of Anton Merando v. United States of America, the United States Court of Appeals for...
Affirmation of Delaware Supreme Court Rule 8 as Independent and Adequate Procedural Preclusion in Federal Habeas Review - Campbell v. Borris

Affirmation of Delaware Supreme Court Rule 8 as Independent and Adequate Procedural Preclusion in Federal Habeas Review - Campbell v. Borris

Date: Feb 15, 2008
Affirmation of Delaware Supreme Court Rule 8 as Independent and Adequate Procedural Preclusion in Federal Habeas Review: Campbell v. Borris Introduction In the landmark case of Jamar L. Campbell v....
United States of America v. Jaycee Wise and Edwin Michael Brown: Revisiting Crack vs. Powder Cocaine Sentencing Guidelines

United States of America v. Jaycee Wise and Edwin Michael Brown: Revisiting Crack vs. Powder Cocaine Sentencing Guidelines

Date: Feb 13, 2008
United States of America v. Jaycee Wise and Edwin Michael Brown: Revisiting Crack vs. Powder Cocaine Sentencing Guidelines Introduction In the landmark case of United States of America v. Jaycee Wise...
Phillips v. County of Allegheny: Reinforcing Pleading Standards for State-Created Danger and Class-of-One Equal Protection Claims

Phillips v. County of Allegheny: Reinforcing Pleading Standards for State-Created Danger and Class-of-One Equal Protection Claims

Date: Feb 6, 2008
Phillips v. County of Allegheny: Reinforcing Pleading Standards for State-Created Danger and Class-of-One Equal Protection Claims Introduction In the landmark case of Jeanne Phillips, Administratrix...
Reaffirmation of Rooker-Feldman Doctrine and Procedural Mandates in Gary v. Braddock Cemetery

Reaffirmation of Rooker-Feldman Doctrine and Procedural Mandates in Gary v. Braddock Cemetery

Date: Feb 6, 2008
Reaffirmation of Rooker-Feldman Doctrine and Procedural Mandates in Gary v. Braddock Cemetery Introduction In the case of Karl E. Gary et al. v. Braddock Cemetery, Consol Energy Inc., and CNX Coal...
ERISA Attorney's Fees and Pre-litigation Administrative Proceedings: Establishing Precedent in Hahnemann University Hospital v. All Shore, Inc.

ERISA Attorney's Fees and Pre-litigation Administrative Proceedings: Establishing Precedent in Hahnemann University Hospital v. All Shore, Inc.

Date: Jan 30, 2008
ERISA Attorney's Fees and Pre-litigation Administrative Proceedings: Establishing Precedent in Hahnemann University Hospital v. All Shore, Inc. Introduction The case of Hahnemann University Hospital...
FAHY v. HORN: Invalidating Inadequate Waivers and Clarifying AEDPA's Deference Standards

FAHY v. HORN: Invalidating Inadequate Waivers and Clarifying AEDPA's Deference Standards

Date: Jan 25, 2008
FAHY v. HORN: Invalidating Inadequate Waivers and Clarifying AEDPA's Deference Standards Introduction Henry Fahy engages in a protracted legal battle following his conviction for the rape and murder...
Pennsylvania's Megan’s Law II: Equal Protection for In-State and Out-of-State Sex Offenders

Pennsylvania's Megan’s Law II: Equal Protection for In-State and Out-of-State Sex Offenders

Date: Jan 24, 2008
Pennsylvania's Megan’s Law II: Equal Protection for In-State and Out-of-State Sex Offenders Introduction In the landmark case John Doe a/k/a D.T.C. v. The Pennsylvania Board of Probation and Parole,...
Millington v. Temple University: Defining Burdens of Proof and Reasonable Accommodations under ADA and RHA

Millington v. Temple University: Defining Burdens of Proof and Reasonable Accommodations under ADA and RHA

Date: Jan 24, 2008
Millington v. Temple University: Defining Burdens of Proof and Reasonable Accommodations under ADA and RHA Introduction Millington v. Temple University School of Dentistry is a pivotal case...
Single-Bank Check Kiting Affirmed as Bank Fraud Under 18 U.S.C. § 1344

Single-Bank Check Kiting Affirmed as Bank Fraud Under 18 U.S.C. § 1344

Date: Jan 15, 2008
Single-Bank Check Kiting Affirmed as Bank Fraud Under 18 U.S.C. § 1344 Introduction The case of United States of America v. Fernando Jimenez et al. involves a complex web of fraudulent activities...
Affirmation of HECK v. HUMPHREY in Prosecutorial Immunity and §1983 Claims

Affirmation of HECK v. HUMPHREY in Prosecutorial Immunity and §1983 Claims

Date: Jan 12, 2008
Affirmation of HECK v. HUMPHREY in Prosecutorial Immunity and §1983 Claims Introduction The case of Peter J. FUCHS v. MERCER COUNTY et al., decided by the United States Court of Appeals for the Third...
Enforcing Material Breach Under Delaware Law: Insights from Norfolk Southern Railway Co. v. Basell USA Inc.

Enforcing Material Breach Under Delaware Law: Insights from Norfolk Southern Railway Co. v. Basell USA Inc.

Date: Jan 10, 2008
Enforcing Material Breach Under Delaware Law: Insights from Norfolk Southern Railway Co. v. Basell USA Inc. Introduction The case of Norfolk Southern Railway Company v. Basell USA Inc., 512 F.3d 86...
Jurisdictional Limitations on Diversity Under Dual Citizenship: Smith v. Vanterpool

Jurisdictional Limitations on Diversity Under Dual Citizenship: Smith v. Vanterpool

Date: Jan 4, 2008
Jurisdictional Limitations on Diversity Under Dual Citizenship: Smith v. Vanterpool Introduction In the case of Merlene Frett-Smith v. Joey Vanterpool, adjudicated by the United States Court of...
Third Circuit Clarifies Trade Dress Infringement Standards for Store-Brand Packaging Under the Lanham Act

Third Circuit Clarifies Trade Dress Infringement Standards for Store-Brand Packaging Under the Lanham Act

Date: Dec 25, 2007
Third Circuit Clarifies Trade Dress Infringement Standards for Store-Brand Packaging Under the Lanham Act Introduction In the landmark case of McNeil Nutritionals, LLC v. Heartland Sweeteners, LLC;...
Enforceability of Arbitration Agreements in Credit Repair Services Confirmed under CROA and FAA: Analysis of Mary Gay v. CreditInform, Inc.

Enforceability of Arbitration Agreements in Credit Repair Services Confirmed under CROA and FAA: Analysis of Mary Gay v. CreditInform, Inc.

Date: Dec 20, 2007
Enforceability of Arbitration Agreements in Credit Repair Services Confirmed under CROA and FAA Introduction The case of Mary Gay v. CreditInform, Inc., adjudicated by the United States Court of...
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