3d Circuit Case Commentaries

Third Circuit Upholds Pennsylvania Rule 1042.3 as Substantive Law in Legal Malpractice Cases

Date: Oct 5, 2011

Third Circuit Upholds Pennsylvania Rule 1042.3 as Substantive Law in Legal Malpractice Cases Introduction In the case of Elizabeth Liggon–Redding v. The Estate of Robert Sugarman, decided on October...

Emphasis on Correct Procedural Steps in Sentencing: United States v. Friedman

Date: Sep 29, 2011

Emphasis on Correct Procedural Steps in Sentencing: United States v. Friedman Introduction United States of America v. Herman Friedman is a pivotal case decided by the United States Court of Appeals...

Third Circuit Vacates Summary Judgment in Lemington Home Case, Clarifying Fiduciary Duty and Deepening Insolvency Claims

Date: Sep 22, 2011

Third Circuit Vacates Summary Judgment in Lemington Home Case, Clarifying Fiduciary Duty and Deepening Insolvency Claims Introduction The case of In re Lemington Home for the Aged. Official Committee...

Third Circuit Upholds Preliminary Injunction Limiting U.S. Forest Service's Authority Over Mineral Rights in Allegheny National Forest

Date: Sep 21, 2011

Third Circuit Upholds Preliminary Injunction Limiting U.S. Forest Service's Authority Over Mineral Rights in Allegheny National Forest Introduction The case of Minard Run Oil Company et al. v. United...

Third Circuit Reaffirms Liberal Construction of Appeals for Pro Se Litigants in Immigration Removal Proceedings

Date: Sep 20, 2011

Third Circuit Reaffirms Liberal Construction of Appeals for Pro Se Litigants in Immigration Removal Proceedings Introduction The case of Carlen Uriel Higgs v. Attorney General of the United States...

Third Circuit Establishes Critical Guidelines for Sentencing Procedural Compliance

Date: Sep 16, 2011

Third Circuit Establishes Critical Guidelines for Sentencing Procedural Compliance Introduction In the landmark case of United States of America v. Vincent J. Fumo, the United States Court of Appeals...

Exclusive Enforcement Authority of State Director Affirmed in Township of Lyndhurst v. Priceline.com Inc.

Date: Sep 15, 2011

Exclusive Enforcement Authority of State Director Affirmed in Township of Lyndhurst v. Priceline.com Inc. Introduction In The Township of Lyndhurst, New Jersey on behalf of itself and all similarly...

Comprehensive Analysis of United States v. Barron Walker: Expanding the Hobbs Act's Reach in Drug Trafficking Cases

Date: Sep 14, 2011

Comprehensive Analysis of United States v. Barron Walker: Expanding the Hobbs Act's Reach in Drug Trafficking Cases Introduction Case Overview The case of United States of America v. Barron Walker,...

Choice-of-Law Principles in Multi-State Insurance Contracts: Amica Mutual Insurance Company v. Edward Fogel

Date: Sep 9, 2011

Choice-of-Law Principles in Multi-State Insurance Contracts: Amica Mutual Insurance Company v. Edward Fogel Introduction The case of Amica Mutual Insurance Company v. Edward Fogel, decided by the...

Affirmation of Pentobarbital Use in Lethal Injection Protocols under Eighth Amendment Standards

Date: Sep 8, 2011

Affirmation of Pentobarbital Use in Lethal Injection Protocols under Eighth Amendment Standards Introduction The case of Robert W. Jackson, III v. Carl C. Danberg et al., adjudicated by the United...

Defining Standing and Retroactive Date Interpretation in Insurance Declaratory Judgments: A Commentary on American Automobile Insurance Co. v. Murray

Date: Sep 8, 2011

Defining Standing and Retroactive Date Interpretation in Insurance Declaratory Judgments: A Commentary on American Automobile Insurance Co. v. Murray Introduction The case of American Automobile...

Limitations on Mandatory Pre-Removal Detention: Diop v. ICE Establishes Reasonableness Requirement

Date: Sep 2, 2011

Limitations on Mandatory Pre-Removal Detention: Diop v. ICE Establishes Reasonableness Requirement Introduction In the landmark case of Cheikh Diop v. ICE/Homeland Security, the United States Court...

Relation Back Doctrine in FLSA §216(b) Collective Actions: Symczyk v. Genesis Healthcare Reversed

Date: Sep 1, 2011

Relation Back Doctrine in FLSA §216(b) Collective Actions: Symczyk v. Genesis Healthcare Reversed Introduction In Symczyk v. Genesis Healthcare Corporation, the United States Court of Appeals for the...

Affirmation of Honest Services Fraud and Bribery Convictions: Key Insights from United States v. Bryant and Gallagher

Date: Aug 26, 2011

Affirmation of Honest Services Fraud and Bribery Convictions: Key Insights from United States v. Bryant and Gallagher Introduction United States of America v. Wayne R. Bryant and R. Michael Gallagher...

Liberal Construction of Pro Se Appeals Ensures Fair Review in Immigration Proceedings: Higgs v. Attorney General of the United States

Date: Aug 26, 2011

Liberal Construction of Pro Se Appeals Ensures Fair Review in Immigration Proceedings: Higgs v. Attorney General of the United States Introduction The case of Carlen Uriel Higgs, also known as Cardel...

New Precedent on §1983 Claims for Charter Schools Established in Pocono Mountain Charter School v. Pocono Mountain School District

Date: Aug 26, 2011

New Precedent on §1983 Claims for Charter Schools Established in Pocono Mountain Charter School v. Pocono Mountain School District Introduction In the landmark case of Pocono Mountain Charter School...

Comcast Antitrust Class Action: Established Standards for Class Certification under Rule 23(b)(3)

Date: Aug 24, 2011

Comcast Antitrust Class Action: Established Standards for Class Certification under Rule 23(b)(3) Introduction In the seminal case of Caroline Behrend et al. v. Comcast Corporation, 655 F.3d 182 (3d...

Affirmation of Fiduciary Duty Standards in ERISA Plans: Renfro v. Unisys Corporation

Date: Aug 20, 2011

Affirmation of Fiduciary Duty Standards in ERISA Plans: Renfro v. Unisys Corporation Introduction In Renfro v. Unisys Corporation, the United States Court of Appeals for the Third Circuit addressed...

Third Circuit Affirms Summary Judgment on Eighth Amendment Medical Negligence Claims in Prisoner Litigation

Date: Aug 19, 2011

Third Circuit Affirms Summary Judgment on Eighth Amendment Medical Negligence Claims in Prisoner Litigation Introduction The case of Daniel Woods v. First Correctional Medical Inc. and others...

Imputed Retaliatory Animus in Employment Termination: Insights from McKENNA v. CITY OF PHILADELPHIA

Date: Aug 18, 2011

Imputed Retaliatory Animus in Employment Termination: Insights from McKENNA v. CITY OF PHILADELPHIA Introduction In Michael McKenna; William K. McKenna; Raymond Carnation v. City of Philadelphia, the...