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  • Commentaries
  • Judgments

3d Circuit Case Commentaries

Slippery Rock University Employment Discrimination Reversed: Establishing Prima Facie Case Without Objective Qualifications

Slippery Rock University Employment Discrimination Reversed: Establishing Prima Facie Case Without Objective Qualifications

Date: Dec 20, 2006
Slippery Rock University Employment Discrimination Reversed: Establishing Prima Facie Case Without Objective Qualifications Introduction In the case of Judy Scheidemantle, Appellant v. Slippery Rock...
Third Circuit Affirms New Jersey Choice of Law in Survival Actions Involving Cross-State Interests

Third Circuit Affirms New Jersey Choice of Law in Survival Actions Involving Cross-State Interests

Date: Dec 19, 2006
Third Circuit Affirms New Jersey Choice of Law in Survival Actions Involving Cross-State Interests Introduction In Jean L. Lebegern, Administratrix Ad Prosequendum and Administratrix for the Estate...
MORGAN v. GAY: Federal Jurisdiction and the Class Action Fairness Act of 2005

MORGAN v. GAY: Federal Jurisdiction and the Class Action Fairness Act of 2005

Date: Dec 16, 2006
MORGAN v. GAY: Federal Jurisdiction and the Class Action Fairness Act of 2005 Introduction Case Citation: Sarah MORGAN, on behalf of herself and all others similarly situated v. Dennis W. GAY et al.,...
Mudric v. Attorney General: Establishing Limits on Procedural Due Process in Immigration Proceedings

Mudric v. Attorney General: Establishing Limits on Procedural Due Process in Immigration Proceedings

Date: Nov 25, 2006
Mudric v. Attorney General: Establishing Limits on Procedural Due Process in Immigration Proceedings Introduction The case of Goran Mudric v. Attorney General of the United States, decided by the...
Equitable Remedies in ADA Discrimination: Spencer v. Wal-Mart Establishes Back Pay as Discretionary

Equitable Remedies in ADA Discrimination: Spencer v. Wal-Mart Establishes Back Pay as Discretionary

Date: Nov 23, 2006
Equitable Remedies in ADA Discrimination: Spencer v. Wal-Mart Establishes Back Pay as Discretionary Introduction Spencer v. Wal-Mart Stores, Inc. is a seminal case adjudicated by the United States...
BEARD v. BANKS Confirms Nonretroactivity of MILLS v. MARYLAND: In-Depth Analysis of Albrecht v. Horn Decision

BEARD v. BANKS Confirms Nonretroactivity of MILLS v. MARYLAND: In-Depth Analysis of Albrecht v. Horn Decision

Date: Nov 22, 2006
BEARD v. BANKS Confirms Nonretroactivity of MILLS v. MARYLAND: In-Depth Analysis of Albrecht v. Horn Decision Introduction The case of Alfred Albrecht, Sr. v. Martin Horn, decided by the United...
Preserving the Role of Sentencing Guidelines Departures after Booker: A Detailed Examination of United States v. Jackson (467 F.3d 834)

Preserving the Role of Sentencing Guidelines Departures after Booker: A Detailed Examination of United States v. Jackson (467 F.3d 834)

Date: Nov 10, 2006
Preserving the Role of Sentencing Guidelines Departures after Booker: A Detailed Examination of United States v. Jackson (467 F.3d 834) Introduction United States of America v. Johnathan Ryan...
Affirmation of Consecutive Sentencing Authority in Supervised Release Revocation: United States v. Dees

Affirmation of Consecutive Sentencing Authority in Supervised Release Revocation: United States v. Dees

Date: Nov 9, 2006
Affirmation of Consecutive Sentencing Authority in Supervised Release Revocation: United States v. Dees Introduction United States of America v. Joseph Dees, 467 F.3d 847 (3d Cir. 2006), addresses...
Preserving Claims Through Severance in Misjoinder Remedies: DIRECTV v. Leto

Preserving Claims Through Severance in Misjoinder Remedies: DIRECTV v. Leto

Date: Nov 7, 2006
Preserving Claims Through Severance in Misjoinder Remedies: DIRECTV v. Leto Introduction In the landmark case of DIRECTV, Inc. v. Bennie Leto, the United States Court of Appeals for the Third Circuit...
Balancing State Interests and Minor Party Rights: An Analysis of Rogers v. Corbett

Balancing State Interests and Minor Party Rights: An Analysis of Rogers v. Corbett

Date: Nov 4, 2006
Balancing State Interests and Minor Party Rights: An Analysis of Rogers v. Corbett Introduction Rogers v. Corbett is a significant case adjudicated by the United States Court of Appeals for the Third...
Establishing Fiduciary Duty Standards in Class Actions: Insights from Hubber v. Taylor

Establishing Fiduciary Duty Standards in Class Actions: Insights from Hubber v. Taylor

Date: Nov 1, 2006
Establishing Fiduciary Duty Standards in Class Actions: Insights from Hubber v. Taylor Introduction The case of Ronald L. Huber et al. v. Robert G. Taylor, II et al., adjudicated by the United States...
ERISA Preemption in Severance Benefits: Hooven v. Exxon Mobil Corporation

ERISA Preemption in Severance Benefits: Hooven v. Exxon Mobil Corporation

Date: Oct 21, 2006
ERISA Preemption in Severance Benefits: Hooven v. Exxon Mobil Corporation Introduction Hooven v. Exxon Mobil Corporation, 465 F.3d 566 (3d Cir. 2006), addresses a critical issue concerning the...
Yarris v. County of Delaware: Immunity of Prosecutors and Detectives in Wrongful Conviction Cases

Yarris v. County of Delaware: Immunity of Prosecutors and Detectives in Wrongful Conviction Cases

Date: Oct 3, 2006
Yarris v. County of Delaware: Immunity of Prosecutors and Detectives in Wrongful Conviction Cases Introduction Yarris v. County of Delaware is a landmark case in the realm of wrongful convictions and...
False and Misleading Debt Collection Practices: Analysis of Elizabeth Brown v. Card Service Center

False and Misleading Debt Collection Practices: Analysis of Elizabeth Brown v. Card Service Center

Date: Sep 30, 2006
False and Misleading Debt Collection Practices: Analysis of Elizabeth Brown v. Card Service Center Introduction In the landmark case of Elizabeth Brown, On Behalf of Herself and All Others Similarly...
Outten v. Kearey: Reinforcing the Duty of Effective Counsel in Capital Sentencing

Outten v. Kearey: Reinforcing the Duty of Effective Counsel in Capital Sentencing

Date: Sep 29, 2006
Outten v. Kearey: Reinforcing the Duty of Effective Counsel in Capital Sentencing Introduction Outten v. Kearey is a pivotal decision by the United States Court of Appeals for the Third Circuit,...
Affirmation of Reasonable Suspicion Standard in Traffic Stops for Illegal Alien Transportation – United States v. Delfin-Colina

Affirmation of Reasonable Suspicion Standard in Traffic Stops for Illegal Alien Transportation – United States v. Delfin-Colina

Date: Sep 23, 2006
Affirmation of Reasonable Suspicion Standard in Traffic Stops for Illegal Alien Transportation – United States v. Delfin-Colina Introduction United States v. Salvador Delfin-Colina is a significant...
Third Circuit Affirms Non-Purchase of Automatic Conversion Price Adjustments Under Section 16(b) – Morrison v. Madison Dearborn

Third Circuit Affirms Non-Purchase of Automatic Conversion Price Adjustments Under Section 16(b) – Morrison v. Madison Dearborn

Date: Sep 20, 2006
Third Circuit Affirms Non-Purchase of Automatic Conversion Price Adjustments Under Section 16(b) – Morrison v. Madison Dearborn Introduction The case of Morrison v. Madison Dearborn Capital Partners...
Refining Qualified Immunity Standards in Federal Civil Rights Litigation

Refining Qualified Immunity Standards in Federal Civil Rights Litigation

Date: Sep 15, 2006
Refining Qualified Immunity Standards in Federal Civil Rights Litigation Introduction The case of Anthony W. Thomas, A.W.T., Inc., d/b/a Independence Deli v. INDEPENDENCE TOWNSHIP; Joseph Chiodo, et...
Expanding Title VII's Anti-Retaliation Protections: Analyzing Moore v. City of Philadelphia

Expanding Title VII's Anti-Retaliation Protections: Analyzing Moore v. City of Philadelphia

Date: Sep 14, 2006
Expanding Title VII's Anti-Retaliation Protections: Analyzing Moore v. City of Philadelphia Introduction The case of Myrna Moore; Sheila Young; Raymond Carnation; William McKenna; Richard Safford v....
Third Circuit Establishes Advisory Nature of Crack/Powder Cocaine Sentencing Differential Post-Booker

Third Circuit Establishes Advisory Nature of Crack/Powder Cocaine Sentencing Differential Post-Booker

Date: Sep 12, 2006
Third Circuit Establishes Advisory Nature of Crack/Powder Cocaine Sentencing Differential Post-Booker Introduction In United States of America v. Johnny Gunter, 462 F.3d 237 (3d Cir. 2006), the...
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