3d Circuit Case Commentaries

Third Circuit Affirms In Personam Forfeiture under 28 U.S.C. §2461(c) and Upholds Sentencing Variances without Advance Notice Post-Booker

Date: Jun 21, 2006

Third Circuit Affirms In Personam Forfeiture under 28 U.S.C. §2461(c) and Upholds Sentencing Variances without Advance Notice Post-Booker Introduction The appellate case UNITED STATES of America v....

Extinguishment of Aboriginal Rights: Delaware Nation v. Commonwealth of Pennsylvania

Date: Jun 15, 2006

Extinguishment of Aboriginal Rights: Delaware Nation v. Commonwealth of Pennsylvania Introduction The case of The Delaware Nation v. Commonwealth of Pennsylvania (446 F.3d 410) addresses the Delaware...

Limitation of Title VII Protection for Employee Advocacy in Religious Institutions: Curay-Cramer v. Ursuline Academy

Date: Jun 8, 2006

Limitation of Title VII Protection for Employee Advocacy in Religious Institutions: Curay-Cramer v. Ursuline Academy Introduction Curay-Cramer v. Ursuline Academy is a significant case decided by the...

Discovery Rule and Statute of Limitations in Environmental Torts: Mest and Hallowell v. Cabot Corporation

Date: Jun 1, 2006

Discovery Rule and Statute of Limitations in Environmental Torts: Mest and Hallowell v. Cabot Corporation Introduction The case of Mest and Hallowell v. Cabot Corporation addresses significant issues...

Res Judicata Prevails Over Rooker-Feldman Doctrine in FHA Claims: Turner v. Crawford Square Apartments III

Date: Jun 1, 2006

Res Judicata Prevails Over Rooker-Feldman Doctrine in FHA Claims: Turner v. Crawford Square Apartments III Introduction Turner v. Crawford Square Apartments III is a significant appellate decision...

Limitations on Malpractice and Deepening Insolvency Claims: Insights from In re CITX Corporation, Inc.

Date: May 27, 2006

Limitations on Malpractice and Deepening Insolvency Claims: Insights from In re CITX Corporation, Inc. Introduction The case of In re: CITX Corporation, Inc., Debtor Gary Seitz, Chapter 7 Trustee for...

Jurisdiction to Review Denial of Continuance in Removal Proceedings Established in Khan v. Attorney General of the United States

Date: May 23, 2006

Jurisdiction to Review Denial of Continuance in Removal Proceedings Established in Khan v. Attorney General of the United States Introduction In Mohammed Nasir Khan v. Attorney General of the United...

Third Circuit Establishes Strict Standards for Reasonable Suspicion in Stop and Frisk Practices

Date: May 23, 2006

Third Circuit Establishes Strict Standards for Reasonable Suspicion in Stop and Frisk Practices Introduction In the landmark case of United States v. Kareem Brown, the United States Court of Appeals...

Affirming Standards for Fraudulent Joinder and the Limits of Mandamus in Diversity Jurisdiction Disputes

Date: May 16, 2006

Affirming Standards for Fraudulent Joinder and the Limits of Mandamus in Diversity Jurisdiction Disputes Introduction The case of In re: Karen A. Briscoe, et al.; Alfred Lara, et al.; Wanda T. Kizer,...

Reinterpreting 'Previous Proceeding' for Motions to Reopen in Asylum Cases: Filja v. Gonzales

Date: May 13, 2006

Reinterpreting 'Previous Proceeding' for Motions to Reopen in Asylum Cases: Filja v. Gonzales Introduction The case of Igli Filja, Luljeta Filja, and Endrit Filja v. Alberto R. Gonzales, Attorney...

Actual Minor Not Required for Conviction under 18 U.S.C. §2422(b) and §2423(b): Insights from United States v. Todd Tykarsky

Date: May 11, 2006

Actual Minor Not Required for Conviction under 18 U.S.C. §2422(b) and §2423(b): Insights from United States v. Todd Tykarsky Introduction United States of America v. Todd Tykarsky is a pivotal case...

Chavarria v. Gonzalez (446 F.3d 508): Affirmation of Asylum Based on Imputed Political Opinion

Date: May 4, 2006

Chavarria v. Gonzalez (446 F.3d 508): Affirmation of Asylum Based on Imputed Political Opinion Introduction In the landmark case of Celso Chavarria v. Alberto Gonzalez, Attorney General of the United...

Reversing Summary Judgment: Third Circuit Clarifies Fourth Amendment Seizure and Excessive Force Standards in Qualified Immunity Claims

Date: May 2, 2006

Reversing Summary Judgment: Third Circuit Clarifies Fourth Amendment Seizure and Excessive Force Standards in Qualified Immunity Claims Introduction The case of Pamela A. Couden et al. v. Scott Duffy...

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3d Circuit Case Commentaries

Third Circuit Affirms In Personam Forfeiture under 28 U.S.C. §2461(c) and Upholds Sentencing Variances without Advance Notice Post-Booker

Extinguishment of Aboriginal Rights: Delaware Nation v. Commonwealth of Pennsylvania

Limitation of Title VII Protection for Employee Advocacy in Religious Institutions: Curay-Cramer v. Ursuline Academy

Discovery Rule and Statute of Limitations in Environmental Torts: Mest and Hallowell v. Cabot Corporation

Res Judicata Prevails Over Rooker-Feldman Doctrine in FHA Claims: Turner v. Crawford Square Apartments III

Limitations on Malpractice and Deepening Insolvency Claims: Insights from In re CITX Corporation, Inc.

Jurisdiction to Review Denial of Continuance in Removal Proceedings Established in Khan v. Attorney General of the United States

Third Circuit Establishes Strict Standards for Reasonable Suspicion in Stop and Frisk Practices

Affirming Standards for Fraudulent Joinder and the Limits of Mandamus in Diversity Jurisdiction Disputes

Reinterpreting 'Previous Proceeding' for Motions to Reopen in Asylum Cases: Filja v. Gonzales

Actual Minor Not Required for Conviction under 18 U.S.C. §2422(b) and §2423(b): Insights from United States v. Todd Tykarsky

Chavarria v. Gonzalez (446 F.3d 508): Affirmation of Asylum Based on Imputed Political Opinion

Reversing Summary Judgment: Third Circuit Clarifies Fourth Amendment Seizure and Excessive Force Standards in Qualified Immunity Claims

Constructive Possession and Brady Obligations in Cross-Jurisdiction Prosecutions: United States v. Risha

Affirmation of Habitual Residence in International Child Abduction: Karkkainen v. Kovalchuk

Establishing Pretext in Age Discrimination During RIFs: Insights from Tomasso v. Boeing

Ineffective Assistance of Counsel and Habeas Relief: The Rolan v. Vaughn Decision

Fraudulent Transfer of Pension Plan Surpluses Affirmed by Third Circuit under Bankruptcy § 548(a)(1)

Affirmation of Proper Use of Rule 404(b) Evidence to Establish Willfulness in Tax Evasion Cases

Aggregate Persecution and Corroboration Standards in Asylum Law: Insights from Toure v. Attorney General