Intentional Misrepresentation Necessary to Toll IDEA’s Statute of Limitations: Third Circuit Decision Introduction The case of D.K. et al. v. Abington School District examines critical aspects of the...
Enterprise Holdings v. Assistant Managers: Defining Joint Employer Status under the FLSA Introduction The case of In re Enterprise Rent–A–Car Wage & Hour Employment Practices Litigation (Nickolas...
Federal Preemption and Sovereign Immunity in State Claims Over U.S. Savings Bonds Introduction In the case of Treasurer of the State of New Jersey et al. v. United States Department of the Treasury,...
In re W.R. Grace & Co., 475 B.R. 34 (D. Del. 2012), addressing approval of the Grace–CNA settlement, confirmation of an asbestos §524(g) plan, scope of the channeling injunction, application of...
Third Circuit Confirms Limited Jurisdiction of 28 U.S.C. § 2241 in Cardona v. Bledsoe Introduction In Cardona v. Bledsoe, 681 F.3d 533 (3d Cir. 2012), the United States Court of Appeals for the Third...
Third Circuit Affirms Application of Filed Rate Doctrine in Delaware Title Insurance Antitrust Litigation Introduction In McCray, Williamson, and Grayo v. Fidelity National Title Insurance Company et...
Express Determination under FRCP 54(b): Insights from Elliott v. Archdiocese of New York Introduction In Brian Elliott v. Archdiocese of New York, the United States Court of Appeals for the Third...
Affirmation of Honest Services Fraud Conviction Post-Skilling in United States v. Andrews Introduction The case of United States of America v. Ashley Andrews, 681 F.3d 509 (3d Cir. 2012), presents a...
Enhanced Standards for Class Representation under Fed. R. Civ. P. 23(a)(4): Insights from Dewev v. Volkswagen Introduction The case of John M. Dewey et al. v. Volkswagen Aktiengesellschaft et al.,...
Third Circuit Refines 'Claims' Definition in Bankruptcy Proceedings: Balancing Debtor's Fresh Start and Claimant's Due Process Introduction The case of Patricia Wright; Kevin West v. Owens Corning,...
Deferential Review in ERISA Claims: Interpreting Group Insurance Coverage Introduction In the case of Robert Fleisher, D.M.D. v. Standard Insurance Company, the United States Court of Appeals for the...
Third Circuit Clarifies Burden of Persuasion and IEP Requirements under IDEA: Ridley School District v. M.R.; J.R. Introduction In the case of Ridley School District v. M.R.; J.R., Parents of Minor...
AEDPA Deference and Procedural Default in Habeas Corpus: The Rolan v. Coleman Decision Introduction The case of Florencio Rolan v. Brian V. Coleman et al. (680 F.3d 311) adjudicated by the United...
Establishing Standing in RICO Claims for Off-Label Drug Marketing: Insights from In re Schering-Plough Corp. Judgment Introduction The case of In re Schering-Plough Corp. Intron/Temodar Consumer...
Barton Doctrine Reaffirmed: Restrictions on Suing Bankruptcy Trustees Without Court Approval Introduction The case of In re VISTACARE GROUP, LLC, et al., Debtors. William G. Schwab, Trustee,...
No Hybrid Representation: Third Circuit's Interpretation of Local Appellate Rule 31.3 in United States v. Turner Introduction In United States v. James Turner, 677 F.3d 570 (3d Cir. 2012), the United...
Constitutional Scrutiny of 18 U.S.C. §§ 2257 and 2257A: An Analysis of Free Speech Coalition v. Attorney General of the United States Introduction In the landmark case Free Speech Coalition, Inc. et...
Discretionary Function Exception Affirmed in FTCA Case Involving National Park Service Introduction The case of S.R.P. (a minor), by and through Maria Ri v. ra ABUNABBA (as mother and next of kin)...
Third Circuit Affirms Admissibility of Title III Evidence and Consecutive Sentencing in Government of Virgin Islands v. Berrios Introduction Government of The Virgin Islands v. Reinaldo Berrios (676...
SUTTER v. OXFORD HEALTH PLANS: Expanding the Scope of Arbitration Clauses to Include Class Arbitration Introduction The case of John I. Sutter, M.D. v. Oxford Health Plans LLC (675 F.3d 215)...