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  • Commentaries
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3d Circuit Case Commentaries

Affirmation of Conviction and Restitution in Procurement Fraud: Analysis of United States v. Lessner

Affirmation of Conviction and Restitution in Procurement Fraud: Analysis of United States v. Lessner

Date: Aug 9, 2007
Affirmation of Conviction and Restitution in Procurement Fraud: Analysis of United States v. Lessner Introduction United States of America v. Barbara Lessner, 498 F.3d 185 (3d Cir. 2007), is a...
Affirmation of Retaliation Claims under the Pennsylvania Human Relations Act: Marra and DiGravio v. Philadelphia Housing Authority

Affirmation of Retaliation Claims under the Pennsylvania Human Relations Act: Marra and DiGravio v. Philadelphia Housing Authority

Date: Aug 4, 2007
Affirmation of Retaliation Claims under the Pennsylvania Human Relations Act: Marra and DiGravio v. Philadelphia Housing Authority Introduction In the landmark case of Edward J. Marra, Jr.; Albert...
Perlin v. Hitachi: Expanding Considerations of Good Faith in Chapter 7 Bankruptcy Under 11 U.S.C. § 707(a)

Perlin v. Hitachi: Expanding Considerations of Good Faith in Chapter 7 Bankruptcy Under 11 U.S.C. § 707(a)

Date: Aug 4, 2007
Perlin v. Hitachi: Expanding Considerations of Good Faith in Chapter 7 Bankruptcy Under 11 U.S.C. § 707(a) Introduction Case Citation: In re: Steven Jeffrey Perlin; Cristine Ann Perlin, Debtors v....
Enforcement of Arbitration Agreements in Employment Disputes: Edwards v. HOVENSA, LLC

Enforcement of Arbitration Agreements in Employment Disputes: Edwards v. HOVENSA, LLC

Date: Aug 3, 2007
Enforcement of Arbitration Agreements in Employment Disputes: Edwards v. HOVENSA, LLC Introduction The case of Leland Edwards v. HOVENSA, LLC (497 F.3d 355) addresses the enforceability of...
Substantial Burden on Religious Exercise: RLUIPA Implications from Washington v. Klem

Substantial Burden on Religious Exercise: RLUIPA Implications from Washington v. Klem

Date: Aug 3, 2007
Substantial Burden on Religious Exercise: RLUIPA Implications from Washington v. Klem Introduction Henry Washington v. Superintendent Edward Klem;  Deputy Supt. Joseph Piazza; John Mack, Programs...
Affirmation of Procedural Standards in Social Security Disability Claims: Jose A. Cruz v. Commissioner of Social Security

Affirmation of Procedural Standards in Social Security Disability Claims: Jose A. Cruz v. Commissioner of Social Security

Date: Aug 2, 2007
Affirmation of Procedural Standards in Social Security Disability Claims: Jose A. Cruz v. Commissioner of Social Security Introduction The case of Jose A. Cruz v. Commissioner of Social Security...
ERISA Participant Standing Affirmed in Graden v. Conexant

ERISA Participant Standing Affirmed in Graden v. Conexant

Date: Aug 1, 2007
ERISA Participant Standing Affirmed in Graden v. Conexant Introduction In the landmark case of Howard Graden, Individually and on Behalf of All Others Similarly Situated v. Conexant Systems Inc., 496...
Enhancing Due Process Protections for Pretrial Detainees: Da v. Stevenson et al.

Enhancing Due Process Protections for Pretrial Detainees: Da v. Stevenson et al.

Date: Jul 31, 2007
Enhancing Due Process Protections for Pretrial Detainees: Da v. Stevenson et al. Introduction In Da v. Stevenson; Michael Manley; Michael L. Jones, Appellants (495 F.3d 62), the United States Court...
Refining Specific Jurisdiction Standards: The O'Connor v. Sandy Lane Hotel Co. Decision

Refining Specific Jurisdiction Standards: The O'Connor v. Sandy Lane Hotel Co. Decision

Date: Jul 27, 2007
Refining Specific Jurisdiction Standards: The O'Connor v. Sandy Lane Hotel Co. Decision 1. Introduction The case of Patrick J. O'Connor; Marie M. O'Connor; Appellants, v. Sandy Lane Hotel Co., Ltd....
McCABE v. Ernst Young: Emphasizing the Necessity of Loss Causation in §10(b) Securities Fraud Claims

McCABE v. Ernst Young: Emphasizing the Necessity of Loss Causation in §10(b) Securities Fraud Claims

Date: Jul 24, 2007
McCABE v. Ernst Young: Emphasizing the Necessity of Loss Causation in §10(b) Securities Fraud Claims Introduction The case of McCABE; Russell E. McCabe; David Motovidlak v. Ernst Young, LLP ([494...
Third Circuit Establishes Exceptions to Appellate Waivers in Ineffective Assistance of Counsel Claims

Third Circuit Establishes Exceptions to Appellate Waivers in Ineffective Assistance of Counsel Claims

Date: Jul 20, 2007
Third Circuit Establishes Exceptions to Appellate Waivers in Ineffective Assistance of Counsel Claims Introduction In United States v. James Shedrick, 493 F.3d 292 (3d Cir. 2007), the United States...
LAFFERTY v. ST. RIEL: Statute of Limitations in Venue Transfers under 28 U.S.C. §1406(a)

LAFFERTY v. ST. RIEL: Statute of Limitations in Venue Transfers under 28 U.S.C. §1406(a)

Date: Jul 20, 2007
LAFFERTY v. ST. RIEL: Statute of Limitations in Venue Transfers under 28 U.S.C. §1406(a) Introduction LAFFERTY v. ST. RIEL is a pivotal case decided by the United States Court of Appeals for the...
Third Circuit Allows After-Acquired Information via Stipulated Discovery to Amend Demand Futility in Shareholder Derivative Actions

Third Circuit Allows After-Acquired Information via Stipulated Discovery to Amend Demand Futility in Shareholder Derivative Actions

Date: Jul 19, 2007
Third Circuit Allows After-Acquired Information via Stipulated Discovery to Amend Demand Futility in Shareholder Derivative Actions Introduction In the landmark case In re Merck Co., Inc. Securities,...
Establishing Single Conspiracy in Multi-Tiered Bank Fraud and Money Laundering: Analysis of United States v. Greenidge et al.

Establishing Single Conspiracy in Multi-Tiered Bank Fraud and Money Laundering: Analysis of United States v. Greenidge et al.

Date: Jul 18, 2007
Establishing Single Conspiracy in Multi-Tiered Bank Fraud and Money Laundering: Analysis of United States v. Greenidge et al. Introduction In United States of America v. Carleen Greenidge et al., the...
Redefining Joint Representation Privileges in Corporate Bankruptcy: Analysis of In re Teleglobe Communications Corp.

Redefining Joint Representation Privileges in Corporate Bankruptcy: Analysis of In re Teleglobe Communications Corp.

Date: Jul 18, 2007
Redefining Joint Representation Privileges in Corporate Bankruptcy: Analysis of In re Teleglobe Communications Corporation Introduction The case In re Teleglobe Communications Corporation, et al....
Third Circuit Establishes Test for Credit for Time Erroneously at Liberty in Habeas Corpus Petitions

Third Circuit Establishes Test for Credit for Time Erroneously at Liberty in Habeas Corpus Petitions

Date: Jul 12, 2007
Third Circuit Establishes Test for Credit for Time Erroneously at Liberty in Habeas Corpus Petitions Introduction In the landmark case Dagoberto Vega v. United States of America, adjudicated by the...
Substantial Evidence Upheld in SSI Denial: Salles v. Commissioner of Social Security

Substantial Evidence Upheld in SSI Denial: Salles v. Commissioner of Social Security

Date: Jun 27, 2007
Substantial Evidence Upheld in SSI Denial: Salles v. Commissioner of Social Security Introduction Patricia J. Salles v. Commissioner of Social Security, 229 F. App'x 140 (3d Cir. 2007), is a pivotal...
Defining "Agent" Under 18 U.S.C. §666: Insights from United States v. Vitillo

Defining "Agent" Under 18 U.S.C. §666: Insights from United States v. Vitillo

Date: Jun 26, 2007
Defining "Agent" Under 18 U.S.C. §666: Insights from United States v. Vitillo Introduction United States of America v. John Vitillo, Vitillo Corporation and Vitillo Engineering, Inc., 490 F.3d 314...
Retroactive Annulment of Automatic Stay in Bankruptcy Filings with Bad Faith: In re Margaret J. Myers

Retroactive Annulment of Automatic Stay in Bankruptcy Filings with Bad Faith: In re Margaret J. Myers

Date: Jun 22, 2007
Retroactive Annulment of Automatic Stay in Bankruptcy Filings with Bad Faith: In re Margaret J. Myers Introduction The case In re Margaret J. Myers, Debtor, 491 F.3d 120 (3rd Cir. 2007), addressed...
First Amendment Protections Extended to Apolitical Government Employees: Galli v. New Jersey Meadowlands Commission

First Amendment Protections Extended to Apolitical Government Employees: Galli v. New Jersey Meadowlands Commission

Date: Jun 21, 2007
First Amendment Protections Extended to Apolitical Government Employees: Galli v. New Jersey Meadowlands Commission Introduction In the landmark case Anne Galli v. New Jersey Meadowlands Commission,...
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