3d Circuit Case Commentaries

Armstrong v. Burdette Tomlin Memorial Hospital: A New Precedent in Failure to Accommodate Disability Claims

Date: Jan 31, 2006

Armstrong v. Burdette Tomlin Memorial Hospital: A New Precedent in Failure to Accommodate Disability Claims Introduction The case of Arnie Armstrong v. Burdette Tomlin Memorial Hospital (438 F.3d...

Unambiguous Policy Language: Enforcing Business Use Exclusions in Insurance Coverage – Canal Ins. Co. v. Underwriters at Lloyd's London

Date: Jan 28, 2006

Unambiguous Policy Language: Enforcing Business Use Exclusions in Insurance Coverage – Canal Ins. Co. v. Underwriters at Lloyd's London Introduction Canal Insurance Company v. Underwriters at Lloyd's...

ERISA Statute of Limitations Affirmed: Limitations on Breach of Fiduciary Duty Claims in Ranke v. Sanofi-Synthelabo Inc.

Date: Jan 28, 2006

ERISA Statute of Limitations Affirmed: Limitations on Breach of Fiduciary Duty Claims in Ranke v. Sanofi-Synthelabo Inc. Introduction Ranke v. Sanofi-Synthelabo Inc. is a pivotal case adjudicated by...

Affirmation of Burden of Proof Post-Schaffer in IDEA Educational Placement Disputes

Date: Jan 24, 2006

Affirmation of Burden of Proof Post-Schaffer in IDEA Educational Placement Disputes Introduction The case of L.E.; E.S., indi v. Ramsey Board of Education (435 F.3d 384) addresses pivotal issues...

Mandatory Abstention in Removed Bankruptcy-Related Cases: George P. Stoe v. William E. Flaherty et al.

Date: Jan 24, 2006

Mandatory Abstention in Removed Bankruptcy-Related Cases: George P. Stoe v. William E. Flaherty et al. Introduction The appellate case George P. Stoe v. William E. Flaherty et al., 436 F.3d 209 (3d...

Affirmation of Bankruptcy Settlement Approval Standards and Contribution Claim Bar under the Illinois Joint Tortfeasor Contribution Act in In re Nutraquest, Inc.

Date: Jan 21, 2006

Affirmation of Bankruptcy Settlement Approval Standards and Contribution Claim Bar under the Illinois Joint Tortfeasor Contribution Act in In re Nutraquest, Inc. Introduction The case In re...

Third Circuit Upholds REAL ID Act: Impact on Asylum Application Timeliness and Judicial Review

Date: Jan 20, 2006

Third Circuit Upholds REAL ID Act: Impact on Asylum Application Timeliness and Judicial Review Introduction In the case of Ellyana Sukwanputra; Yulius Sukwanputra v. Alberto Gonzales, Attorney...

Protected Speech in Retaliatory Termination: Insights from Dr. Springer v. Henry

Date: Jan 19, 2006

Protected Speech in Retaliatory Termination: Insights from Dr. Springer v. Henry Introduction The case of Dr. David T. Springer v. Renata J. Henry presents a pivotal examination of the interplay...

AEDPA Tolling Requirements Reinforced in Satterfield v. Johnson

Date: Jan 18, 2006

AEDPA Tolling Requirements Reinforced in Satterfield v. Johnson Introduction The case of Paul Satterfield v. Philip L. Johnson; the District Attorney of the County of Philadelphia; the Attorney...

Inquiry Notice and Statute of Limitations in Securities Fraud: Insights from Benak v. Alliance Capital Management

Date: Jan 14, 2006

Inquiry Notice and Statute of Limitations in Securities Fraud: Insights from Benak v. Alliance Capital Management Introduction The legal landscape governing securities fraud claims is continually...

Third Circuit Reverses Denial of Rule 15(c) Relation Back in Edward Arthur v. Maersk

Date: Jan 14, 2006

Third Circuit Reverses Denial of Rule 15(c) Relation Back in Edward Arthur v. Maersk Introduction In Edward Arthur v. Maersk, Inc., 434 F.3d 196 (3d Cir. 2006), the United States Court of Appeals for...

Affirmation of Summary Judgment in Retaliatory Discharge Case under Title VII and PHRA

Date: Jan 13, 2006

Affirmation of Summary Judgment in Retaliatory Discharge Case under Title VII and PHRA Introduction Timothy A. Slagle, a former correctional officer at the Clarion County Jail in Pennsylvania,...

Enforcement of Arbitration Clauses in Bankruptcy Proceedings: Insights from Mintze v. American General Financial Services

Date: Jan 11, 2006

Enforcement of Arbitration Clauses in Bankruptcy Proceedings: Insights from Mintze v. American General Financial Services Introduction The case of In re: Ethel Marie Mintze, Debtor. Ethel Marie...

Recharacterization of Debt as Equity in Bankruptcy Proceedings: Insights from In re SubMicron Systems Corp.

Date: Jan 7, 2006

Recharacterization of Debt as Equity in Bankruptcy Proceedings: Insights from In re SubMicron Systems Corp. Introduction The case of In re SubMicron Systems Corporation, et al, Debtors v. KB...

Clarifying Qualified Immunity in First Amendment Retaliation: McKEE & Jones v. Hart et al.

Date: Jan 7, 2006

Clarifying Qualified Immunity in First Amendment Retaliation: McKEE & Jones v. Hart et al. Introduction In the appellate case Dwight L. McKEE; Allen L. Jones v. Henry Hart; Wesley Rish; Albert...

Open Plea Options and Ineffective Assistance of Counsel: Insights from United States v. Brian Booth

Date: Dec 30, 2005

Open Plea Options and Ineffective Assistance of Counsel: Insights from United States v. Brian Booth Introduction United States v. Brian Booth, 432 F.3d 542 (3d Cir. 2005), is a pivotal case...

Reinforcement of the Absolute Priority Rule in Bankruptcy Reorganizations: In re Armstrong World Industries, Inc.

Date: Dec 30, 2005

Reinforcement of the Absolute Priority Rule in Bankruptcy Reorganizations: In re Armstrong World Industries, Inc. Introduction The case of In re Armstrong World Industries, Inc., 432 F.3d 507 (3d...

Enhanced Standards for Corroboration and Credibility in Asylum Proceedings: Insights from Chen v. Gonzales

Date: Dec 30, 2005

Enhanced Standards for Corroboration and Credibility in Asylum Proceedings: Insights from Chen v. Gonzales Introduction Chen v. Gonzales, 434 F.3d 212 (3d Cir. 2005), is a pivotal case adjudicated by...

Affirmation of Third Circuit Upholds Distinction Between Direct and Reverse Confusion Claims in Trademark Infringement Cases

Date: Dec 23, 2005

Affirmation of Third Circuit Upholds Distinction Between Direct and Reverse Confusion Claims in Trademark Infringement Cases Introduction The case of Freedom Card, Inc.; Urban Television Network,...

Distinguishing Vacated Convictions for Immigration Eligibility: Pinho v. Gonzales

Date: Dec 21, 2005

Distinguishing Vacated Convictions for Immigration Eligibility: Pinho v. Gonzales Introduction Pinho v. Gonzales is a landmark decision by the United States Court of Appeals for the Third Circuit,...

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