3d Circuit Case Commentaries

Affirmation of Summary Judgment in Employment Contract Dispute: Luscko v. Southern Container Corp.

Date: Dec 1, 2010

Affirmation of Summary Judgment in Employment Contract Dispute: Luscko v. Southern Container Corp. Introduction In John Luscko v. Southern Container Corp., the United States Court of Appeals for the...

Affirmation of Sua Sponte Dismissal Under 28 U.S.C. § 1915(e)(2)(B) in Ivan Davis v. n Davis

Date: Dec 1, 2010

Affirmation of Sua Sponte Dismissal Under 28 U.S.C. § 1915(e)(2)(B) in Ivan Davis v. n Davis Introduction In the case of Ivan Davis v. n Davis, adjudicated by the United States Court of Appeals for...

Application of Zenith Radio Principles in Antitrust Conspiracy Claims: West Penn v. UPMC

Date: Nov 30, 2010

Application of Zenith Radio Principles in Antitrust Conspiracy Claims: West Penn v. UPMC Introduction The case of West Penn Allegheny Health System, Inc. v. UPMC; Highmark, Inc. (627 F.3d 85)...

Third Circuit Affirms Qualified Immunity for Police in Warrantless Home Entry under Community Caretaking Exception

Date: Nov 24, 2010

Third Circuit Affirms Qualified Immunity for Police in Warrantless Home Entry under Community Caretaking Exception Introduction The case of Lawrence V. Ray v. Township of Warren addresses the...

Excusing Procedural Default in Habeas Corpus Petitions: Insights from Houck v. Stickman

Date: Nov 18, 2010

Excusing Procedural Default in Habeas Corpus Petitions: Insights from Houck v. Stickman Introduction Houck v. Stickman, 625 F.3d 88 (3d Cir. 2010), is a pivotal case addressing the stringent...

Establishing Causation in Medical Negligence: Third Circuit Affirms Summary Judgment Based on Daubert Standards

Date: Nov 3, 2010

Establishing Causation in Medical Negligence: Third Circuit Affirms Summary Judgment Based on Daubert Standards Introduction The case of Robert Daddio, As Parent and Natural Guardian v. The Nemours...

Federal Preemption of State Law Claims on RF Emissions: Commentary on Farina v. Dually

Date: Oct 23, 2010

Federal Preemption of State Law Claims on RF Emissions: Commentary on Farina v. Dually Introduction In the landmark case of Francis J. Farina v. Dually and on Behalf of All Those Similarly Situated,...

Shipper's Duty of Care in Cargo Securement: Charles Spence v. The ESAB Group, Inc.

Date: Oct 19, 2010

Shipper's Duty of Care in Cargo Securement: Charles Spence v. The ESAB Group, Inc. Introduction The case Charles Spence v. The ESAB Group, Inc. (623 F.3d 212) adjudicated by the United States Court...

Third Circuit Clarifies Personal Jurisdiction and Forum Non Conveniens in EUROFINS vs. BioAlliance

Date: Oct 13, 2010

Third Circuit Clarifies Personal Jurisdiction and Forum Non Conveniens in EUROFINS vs. BioAlliance Introduction The case of Eurofins Pharma US Holdings; Viralliance Inc. v. BioAlliance Pharma SA;...

Protecting Incarcerated Individuals: Due Process Before Sex Offender Classification

Date: Oct 5, 2010

Protecting Incarcerated Individuals: Due Process Before Sex Offender Classification Introduction In the landmark case Charles S. Renchenski v. Thomas Williams et al. (622 F.3d 315, 3rd Cir. 2010),...

Qualified Immunity and the Right to Record Police: Analysis of Kelly v. Borough of Carlisle

Date: Oct 5, 2010

Qualified Immunity and the Right to Record Police: Analysis of Kelly v. Borough of Carlisle Introduction In the case of Brian D. Kelly v. Borough of Carlisle, the United States Court of Appeals for...

Third Circuit Upholds Summary Judgment in Noel v. Boeing: FPA Does Not Extend to Failure-to-Promote Claims

Date: Oct 2, 2010

Third Circuit Upholds Summary Judgment in Noel v. Boeing: FPA Does Not Extend to Failure-to-Promote Claims Introduction The case of Emmanuel Noel v. The Boeing Company was adjudicated in the United...

Twombly/Iqbal Plausibility Standard Applied to Bad Faith Insurance Claims: Atiyeh v. National Fire Insurance (2010)

Date: Sep 28, 2010

Twombly/Iqbal Plausibility Standard Applied to Bad Faith Insurance Claims: Atiyeh v. National Fire Insurance (2010) Introduction In the case of Arif Atiyeh, trading as WOW Outlet v. National Fire...

Third Circuit Vacates Class Certification in Community Bank of Northern Virginia Second Mortgage Litigation Due to Inadequate Representation

Date: Sep 23, 2010

Third Circuit Vacates Class Certification in Community Bank of Northern Virginia Second Mortgage Litigation Due to Inadequate Representation Introduction The case at hand involves a complex...

Federal Preemption Under CFAA and Copyright Act: Insights from Océ North America, Inc. v. MCS Services, Inc.

Date: Sep 17, 2010

Federal Preemption Under CFAA and Copyright Act: Insights from Océ North America, Inc. v. MCS Services, Inc. Introduction The case of Océ North America, Inc. v. MCS Services, Inc. serves as a pivotal...

Reopening Time to Appeal Under Fed.R.App.P. 4(a)(6): Insights from United States v. Russell Christie

Date: Sep 16, 2010

Reopening Time to Appeal Under Fed.R.App.P. 4(a)(6): Insights from United States v. Russell Christie Introduction The case of United States v. Russell Christie, adjudicated in 2010 by the United...

Res Judicata and Enhanced Grounds for Removal: Comprehensive Analysis of Duhaney v. Attorney General

Date: Sep 15, 2010

Res Judicata and Enhanced Grounds for Removal: Comprehensive Analysis of Duhaney v. Attorney General Introduction Maurice R. Duhaney v. The Attorney General of the United States (621 F.3d 340),...

Third Circuit Clarifies Eleventh Amendment Immunity and More-Specific-Provision Rule in BETTS v. NEW CASTLE YOUTH DEVELOPMENT CENTER

Date: Sep 14, 2010

Third Circuit Clarifies Eleventh Amendment Immunity and More-Specific-Provision Rule in BETTS v. NEW CASTLE YOUTH DEVELOPMENT CENTER Introduction In BETTS v. NEW CASTLE YOUTH DEVELOPMENT CENTER, the...

Defining Prima Facie Criteria for §1981 Lending Discrimination: Insights from ANDERSON v. WACHOVIA MORTGAGE CORPORATION

Date: Sep 14, 2010

Defining Prima Facie Criteria for §1981 Lending Discrimination: Insights from ANDERSON v. WACHOVIA MORTGAGE CORPORATION Introduction The case of Tolano Anderson et al. v. Wachovia Mortgage...

Clarification of V.I. §1052(b): Defining Kidnapping Intents in Sexual Offenses

Date: Sep 9, 2010

Clarification of V.I. §1052(b): Defining Kidnapping Intents in Sexual Offenses Introduction The case of Martinez v. Government of the Virgin Islands (620 F.3d 321) adjudicated by the United States...