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  • Commentaries
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3d Circuit Case Commentaries

Delaware’s Governmental Interest Prevails in Choice of Law Analysis for Medical Malpractice Claims: Warriner v. Stanton et al.

Delaware’s Governmental Interest Prevails in Choice of Law Analysis for Medical Malpractice Claims: Warriner v. Stanton et al.

Date: Sep 12, 2006
Delaware’s Governmental Interest Prevails in Choice of Law Analysis for Medical Malpractice Claims: Warriner v. Stanton et al. Introduction The case of Robert Troy Warriner, Jr. v. Robert P. Stanton,...
Ministerial Exception Upheld in Employment Discrimination Case: Petruska v. Gannon University

Ministerial Exception Upheld in Employment Discrimination Case: Petruska v. Gannon University

Date: Sep 7, 2006
Ministerial Exception Upheld in Employment Discrimination Case: Petruska v. Gannon University Introduction The case of Lynette M. Petruska v. Gannon University represents a pivotal moment in...
Affirmation of Sentencing Discretion in United States v. Parker: A New Precedent on Sentence Disparities among Co-defendants

Affirmation of Sentencing Discretion in United States v. Parker: A New Precedent on Sentence Disparities among Co-defendants

Date: Aug 31, 2006
Affirmation of Sentencing Discretion in United States v. Parker: A New Precedent on Sentence Disparities among Co-defendants Introduction United States v. Daryl Lonard Parker is a significant...
Third Circuit Upholds Statute of Limitations Bar on RICO Claims in VEBA Plan Misrepresentation Case

Third Circuit Upholds Statute of Limitations Bar on RICO Claims in VEBA Plan Misrepresentation Case

Date: Aug 29, 2006
Third Circuit Upholds Statute of Limitations Bar on RICO Claims in VEBA Plan Misrepresentation Case Introduction In the case of Cetel; Morton Schneider; Mar v. n Cetel; Mar, the United States Court...
Limitation of Anti-Modification Protection Under 11 U.S.C. §1322(b)(2) for Multi-Unit Residences: In re Frances Scarborough

Limitation of Anti-Modification Protection Under 11 U.S.C. §1322(b)(2) for Multi-Unit Residences: In re Frances Scarborough

Date: Aug 29, 2006
Limitation of Anti-Modification Protection Under 11 U.S.C. §1322(b)(2) for Multi-Unit Residences: In re Frances Scarborough Introduction In the case In re Frances Scarborough v. Chase Manhattan...
Affirming the Adequacy of SEC Disclosures in Proxy Statements: Frank Da v. Seinfeld

Affirming the Adequacy of SEC Disclosures in Proxy Statements: Frank Da v. Seinfeld

Date: Aug 25, 2006
Affirming the Adequacy of SEC Disclosures in Proxy Statements: Frank Da v. Seinfeld Introduction In the landmark case of Frank Da v. Seinfeld, heard by the United States Court of Appeals for the...
Legal Mail Inspection and Inmate Rights: Insights from Ronald C. Jones v. M. Brown et al.

Legal Mail Inspection and Inmate Rights: Insights from Ronald C. Jones v. M. Brown et al.

Date: Aug 25, 2006
Legal Mail Inspection and Inmate Rights: Insights from Ronald C. Jones v. M. Brown et al. Introduction The case of Ronald C. Jones, Appellant v. M. Brown, Internal Affairs Officer; and others,...
Reevaluating Probable Cause: The Impact of Affidavit Reliability from Sister Agencies

Reevaluating Probable Cause: The Impact of Affidavit Reliability from Sister Agencies

Date: Aug 25, 2006
Reevaluating Probable Cause: The Impact of Affidavit Reliability from Sister Agencies 1. Introduction The case of UNITED STATES of America; Government of the Virgin Islands v. Yusuf et al., 461 F.3d...
Cimera v. United States: Reinforcing the Standards for Newly Discovered Evidence under Federal Rule 33

Cimera v. United States: Reinforcing the Standards for Newly Discovered Evidence under Federal Rule 33

Date: Aug 25, 2006
Cimera v. United States: Reinforcing the Standards for Newly Discovered Evidence under Federal Rule 33 Introduction In the case of United States of America v. Keith Cimera, the United States Court of...
Proration of Production Bonuses for FMLA Leave Does Not Violate FMLA Rights: Third Circuit Decision

Proration of Production Bonuses for FMLA Leave Does Not Violate FMLA Rights: Third Circuit Decision

Date: Aug 25, 2006
Proration of Production Bonuses for FMLA Leave Does Not Violate FMLA Rights: Third Circuit Decision Introduction The case of Robert Sommer v. The Vanguard Group addresses a pivotal question regarding...
Enhancing Jury Integrity: Insights from United States v. Kevin Boone

Enhancing Jury Integrity: Insights from United States v. Kevin Boone

Date: Aug 22, 2006
Enhancing Jury Integrity: Insights from United States v. Kevin Boone Introduction United States of America v. Kevin Boone is a notable appellate case decided by the United States Court of Appeals for...
Atkinson v. Lafayette College: Expanding Title IX Retaliation Protections

Atkinson v. Lafayette College: Expanding Title IX Retaliation Protections

Date: Aug 22, 2006
Atkinson v. Lafayette College: Expanding Title IX Retaliation Protections Introduction Atkinson v. Lafayette College, a significant case decided by the United States Court of Appeals for the Third...
FIFRA Preemption Not Absolute: Third Circuit Upholds Non-Labeling Related Claims in Mortellite v. Novartis

FIFRA Preemption Not Absolute: Third Circuit Upholds Non-Labeling Related Claims in Mortellite v. Novartis

Date: Aug 22, 2006
FIFRA Preemption Not Absolute: Third Circuit Upholds Non-Labeling Related Claims in Mortellite v. Novartis Introduction The case of Mortellite v. Novartis Crop Protection, Inc. (460 F.3d 483, Third...
Preponderance of the Evidence Standard for Domicile Change in Diversity Jurisdiction Cases

Preponderance of the Evidence Standard for Domicile Change in Diversity Jurisdiction Cases

Date: Aug 17, 2006
Preponderance of the Evidence Standard for Domicile Change in Diversity Jurisdiction Cases Introduction In the landmark case Virginia McCANN, on behalf of the Estate of William E. McCann, Appellant...
Third Circuit Upholds ADA Coverage for Private School Dormitories in Insurance Claims

Third Circuit Upholds ADA Coverage for Private School Dormitories in Insurance Claims

Date: Aug 17, 2006
Third Circuit Upholds ADA Coverage for Private School Dormitories in Insurance Claims Introduction In the case of The REGENTS OF the MERCERSBURG COLLEGE v. REPUBLIC FRANKLIN INSURANCE COMPANY, the...
Affirmation of Probable Cause in Search Warrants Amid Affidavit Misstatements: United States v. Shields

Affirmation of Probable Cause in Search Warrants Amid Affidavit Misstatements: United States v. Shields

Date: Aug 17, 2006
Affirmation of Probable Cause in Search Warrants Amid Affidavit Misstatements: United States v. Shields Introduction United States v. Eric Shields is a pivotal appellate case adjudicated by the...
Establishing Personal Jurisdiction in International Arbitration Enforcement: Telcordia Tech Inc. v. Telkom SA Ltd.

Establishing Personal Jurisdiction in International Arbitration Enforcement: Telcordia Tech Inc. v. Telkom SA Ltd.

Date: Aug 15, 2006
Establishing Personal Jurisdiction in International Arbitration Enforcement: Telcordia Tech Inc. v. Telkom SA Ltd. Introduction The case of Telcordia Technologies Inc. v. Telkom SA Ltd. presents a...
Issue Preclusion in Trademark Proceedings: Analysis of Jean Alexander Cosmetics v. L'Oreal USA Inc.

Issue Preclusion in Trademark Proceedings: Analysis of Jean Alexander Cosmetics v. L'Oreal USA Inc.

Date: Aug 15, 2006
Issue Preclusion in Trademark Proceedings: Analysis of Jean Alexander Cosmetics v. L'Oreal USA Inc. Introduction The case of Jean Alexander Cosmetics, Inc. v. L'Oreal USA, Inc., adjudicated by the...
Subjective-Objective Standard for Claims Made Insurance Exclusions Affirmed: Colliers Lanard Axilbund v. Lloyds of London

Subjective-Objective Standard for Claims Made Insurance Exclusions Affirmed: Colliers Lanard Axilbund v. Lloyds of London

Date: Aug 12, 2006
Subjective-Objective Standard for Claims Made Insurance Exclusions Affirmed: Colliers Lanard Axilbund v. Lloyds of London Introduction Colliers Lanard Axilbund v. Lloyds of London is a pivotal case...
Affirming Termination Rights: Insights from Elliott Frantz v. Ingersoll-Rand

Affirming Termination Rights: Insights from Elliott Frantz v. Ingersoll-Rand

Date: Aug 12, 2006
Affirming Termination Rights: Insights from Elliott Frantz v. Ingersoll-Rand Introduction The case of Elliott Frantz, Inc. v. Ingersoll-Rand Company, adjudicated by the United States Court of Appeals...
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