3d Circuit Case Commentaries

Affirmation of Procedural Strictness in Naturalization and Federal Claims: Abulkhair v. Bush

Date: Feb 10, 2011

Affirmation of Procedural Strictness in Naturalization and Federal Claims: Abulkhair v. Bush Introduction The case of Assem Abulkhair versus George W. Bush, President of the United States, et al.,...

Chevron v. Uhl et al.: Expanding the Scope of 28 U.S.C. §1782 and the Crime-Fraud Exception

Date: Feb 4, 2011

Chevron v. Uhl et al.: Expanding the Scope of 28 U.S.C. §1782 and the Crime-Fraud Exception Introduction The case of Chevron Corporation v. Uhl, Baron, Rana Associates, Inc; Ecuadorian Plaintiffs,...

Consent Searches and Digital Seizures in United States v. Sal: A Comprehensive Legal Analysis

Date: Feb 2, 2011

Consent Searches and Digital Seizures in United States v. Sal: A Comprehensive Legal Analysis Introduction United States of America v. Salvatore Stabile (633 F.3d 219) is a pivotal case adjudicated...

Substantial Evidence Standard in Disability Claims: Smith v. Commissioner of Social Security

Date: Jan 29, 2011

Substantial Evidence Standard in Disability Claims: Smith v. Commissioner of Social Security Introduction The case of Wayne A. Smith v. Commissioner of Social Security (631 F.3d 632) was adjudicated...

Enhancing ERISA Protections: Court Reverses Arbitrary Termination of LTD Benefits in Miller v. American Airlines

Date: Jan 26, 2011

Enhancing ERISA Protections: Court Reverses Arbitrary Termination of LTD Benefits in Miller v. American Airlines Introduction In Miller v. American Airlines, Inc., the United States Court of Appeals...

Affirmation of Deliberate Indifference Standard in Eighth Amendment Prison Medical Care Claims

Date: Jan 21, 2011

Affirmation of Deliberate Indifference Standard in Eighth Amendment Prison Medical Care Claims Introduction The case of F. Scott WINSLOW, Appellant v. Prison Health Services (PHS) addressed critical...

Dasilva v. City of Philadelphia: Third Circuit Revisits Statute of Limitations in §1983 Civil Rights Action

Date: Jan 21, 2011

Dasilva v. City of Philadelphia: Third Circuit Revisits Statute of Limitations in §1983 Civil Rights Action Introduction In the case of Pedro Miquel Dasilva v. Sheriff’s Department; City of...

Strict Requirements for Validating Oral Copyright Transfers Established in Barefoot Architect, Inc. v. Bunge et al.

Date: Jan 15, 2011

Strict Requirements for Validating Oral Copyright Transfers Established in Barefoot Architect, Inc. v. Bunge et al. Introduction Barefoot Architect, Inc. v. Sarah Bunge; Thomas F. Friedberg; Tracy...

Third Circuit Upholds FDCPA Applicability to Communications Directed to Consumer's Attorneys

Date: Jan 13, 2011

Third Circuit Upholds FDCPA Applicability to Communications Directed to Consumer's Attorneys Introduction The case of Dorothy Rhue Allen v. LaSalle Bank et al., decided by the United States Court of...

Absolute Quasi-Judicial Immunity Affirmed for Gaming Control Board Members

Date: Jan 8, 2011

Absolute Quasi-Judicial Immunity Affirmed for Gaming Control Board Members Introduction In the landmark case Keystone Redevelopment Partners, LLC v. Decker et al., the United States Court of Appeals...

Third Circuit Affirms Bankruptcy Court’s Ruling on Judicial Estoppel and Standing for Equitable Distribution: In re Thomas Kane

Date: Dec 22, 2010

Third Circuit Affirms Bankruptcy Court’s Ruling on Judicial Estoppel and Standing for Equitable Distribution: In re Thomas Kane Introduction The case of In re Thomas Kane, decided by the United...

Allocation of Settlement Funds for Purchase Claims in Class Actions: Insights from IN RE PET FOOD PRODUCTS LIABILITY LITIGATION

Date: Dec 17, 2010

Allocation of Settlement Funds for Purchase Claims in Class Actions: Insights from IN RE PET FOOD PRODUCTS LIABILITY LITIGATION Introduction In the landmark case of IN RE PET FOOD PRODUCTS LIABILITY...

Fair Sentencing Act of 2010 Not Retroactive: Upholding Mandatory Minimums in United States v. Reevey and Williams

Date: Dec 15, 2010

Fair Sentencing Act of 2010 Not Retroactive: Upholding Mandatory Minimums in United States v. Reevey and Williams Introduction In United States v. Richard Reevey and United States v. Anthony...

Establishing Standards for Evidentiary Hearings and Criminal History Assessments in Felon Firearm Possession Cases: United States v. Hines

Date: Dec 15, 2010

Establishing Standards for Evidentiary Hearings and Criminal History Assessments in Felon Firearm Possession Cases: United States v. Hines Introduction In United States v. Jerome Hines, 628 F.3d 101...

Establishing Plausibility Requirements for Supervisory Liability under 42 U.S.C. §1983: Santiago v. Warminster Township

Date: Dec 15, 2010

Establishing Plausibility Requirements for Supervisory Liability under 42 U.S.C. §1983: Santiago v. Warminster Township Introduction In Gloria Santiago v. Warminster Township et al., the appellant,...

Substantial Evidence and Residual Functional Capacity Uphold Disability Benefits Denial: Becker v. SSA

Date: Dec 15, 2010

Substantial Evidence and Residual Functional Capacity Uphold Disability Benefits Denial: Becker v. Social Security Administration Introduction In the case of Carolyn Becker v. Commissioner of the...

Affirmation of Dismissal in Golod v. Bank of America: Reinforcing Standards for Discrimination and Retaliation Claims

Date: Dec 14, 2010

Affirmation of Dismissal in Golod v. Bank of America: Reinforcing Standards for Discrimination and Retaliation Claims Introduction The case of Inna GOLOD v. BANK OF AMERICA CORPORATION represents a...

Affirmation of Summary Judgment in Sean Tapp v. Defendants: Establishing Limits on Inmate Claims

Date: Dec 14, 2010

Affirmation of Summary Judgment in Sean Tapp v. Defendants: Establishing Limits on Inmate Claims Introduction The case of Sean Tapp v. Andy Proto et al. (404 F. App'x 563) presented before the United...

Enhanced Application of the Collective Knowledge Doctrine in Reasonable Suspicion Analysis

Date: Dec 7, 2010

Enhanced Application of the Collective Knowledge Doctrine in Reasonable Suspicion Analysis Introduction In the case of UNITED STATES of America v. Jerry WHITFIELD, Appellant (634 F.3d 741), decided...

Third Circuit Rules Inmate Financial Responsibility Plan Challenges as Habeas Corpus Under 28 U.S.C. §2241

Date: Dec 3, 2010

Third Circuit Rules Inmate Financial Responsibility Plan Challenges as Habeas Corpus Under 28 U.S.C. §2241 Introduction The case of Steven McGEE v. Warden Jerry Martinez, adjudicated by the United...