3d Circuit Case Commentaries

Clarifying Standards of Review in Asylum Cases: En Hui Huang v. Attorney General of the United States

Date: Sep 9, 2010

Clarifying Standards of Review in Asylum Cases: En Hui Huang v. Attorney General of the United States Introduction The case of En Hui Huang, Petitioner v. Attorney General of the United States (620...

Stored Communications Act Interpretation: CSLI Disclosure Standards Established in United States v. USA (Third Circuit)

Date: Sep 8, 2010

Stored Communications Act Interpretation: CSLI Disclosure Standards Established in United States v. USA (Third Circuit) Introduction The case of United States v. United States of America, decided by...

Third Circuit Affirms Abuse of Discretion in Denying ERISA Displacement Benefits: Howley v. Mellon Financial Corporation

Date: Sep 1, 2010

Third Circuit Affirms Abuse of Discretion in Denying ERISA Displacement Benefits: Howley v. Mellon Financial Corporation Introduction The case of Robert M. Howley v. Mellon Financial Corporation...

Affirmation of §1983 Standing and Overbreadth of Student Conduct Regulations in McCauley v. University of the Virgin Islands

Date: Aug 19, 2010

Affirmation of §1983 Standing and Overbreadth of Student Conduct Regulations in McCauley v. University of the Virgin Islands Introduction In the case of Stephen McCauley v. University of the Virgin...

FAA vs. PUAA: Defining Vacatur Standards in Arbitration Awards

Date: Aug 19, 2010

FAA vs. PUAA: Defining Vacatur Standards in Arbitration Awards Introduction The case of Mary Gurlen et al. v. Henry Management, Inc. (CA09-1380), adjudicated by the Court of Appeals of Arkansas on...

Affirmation of Sham Affidavit Doctrine and Strict Adherence to Summary Judgment Standards in State Steel Supply, Inc. v. Clark Building Systems, Inc.

Date: Aug 19, 2010

Affirmation of Sham Affidavit Doctrine and Strict Adherence to Summary Judgment Standards in State Steel Supply, Inc. v. Clark Building Systems, Inc. Introduction The case of State Steel Supply, Inc....

Admission of Guilt Requirements in Parole Processes: Insights from Newman v. Beard

Date: Aug 17, 2010

Admission of Guilt Requirements in Parole Processes: Insights from Newman v. Beard Introduction Newman v. Beard, 617 F.3d 775 (3d Cir. 2010), is a pivotal case adjudicated by the United States Court...

Clarifying RICO's Enterprise and Conduct Elements: A Comprehensive Analysis of IN RE INSURANCE BROKERAGE ANTITRUST LITIGATION

Date: Aug 17, 2010

Clarifying RICO's Enterprise and Conduct Elements: A Comprehensive Analysis of IN RE INSURANCE BROKERAGE ANTITRUST LITIGATION Introduction The United States Court of Appeals for the Third Circuit...

Trans Union v. Cortez: Establishing Reckless Disregard Standards under the Fair Credit Reporting Act

Date: Aug 14, 2010

Trans Union v. Cortez: Establishing Reckless Disregard Standards under the Fair Credit Reporting Act Introduction In the appellate case Sandra Cortez v. Trans Union, LLC, 617 F.3d 688 (3rd Cir....

Affirmation of Safe Harbor Protection for Forward-Looking Statements in Securities Litigation: In re Aetna, Inc. Securities Litigation

Date: Aug 12, 2010

Affirmation of Safe Harbor Protection for Forward-Looking Statements in Securities Litigation: In re Aetna, Inc. Securities Litigation Introduction The case "In re Aetna, Inc. Securities Litigation...

United States v. Green: Defining Intrinsic Evidence and Its Admissibility under Rule 404(b)

Date: Aug 10, 2010

United States v. Green: Defining Intrinsic Evidence and Its Admissibility under Rule 404(b) Introduction In the case of United States of America v. David Green, adjudicated by the United States Court...

Waiver of Unraised Suppression Arguments in Fourth Amendment Cases: United States v. Dupree

Date: Aug 7, 2010

Waiver of Unraised Suppression Arguments in Fourth Amendment Cases: United States v. Dupree Introduction In United States of America v. Maurice Ray Dupree, 617 F.3d 724 (3d Cir. 2010), the United...

Rooker-Feldman Doctrine and Pleading Standards in §1983 Claims: Analysis of Great Western Mining Mineral Co. v. Fox Rothschild LLP

Date: Aug 6, 2010

Rooker-Feldman Doctrine and Pleading Standards in §1983 Claims: Analysis of Great Western Mining Mineral Co. v. Fox Rothschild LLP Introduction The case of Great Western Mining Mineral Company v. Fox...

Reedy v. Evanson: Reinforcing Probable Cause Standards and Limiting Consent in Fourth Amendment Searches

Date: Aug 3, 2010

Reedy v. Evanson: Reinforcing Probable Cause Standards and Limiting Consent in Fourth Amendment Searches Introduction In Sara R. Reedy v. Frank S. Evanson, et al., the United States Court of Appeals...

Narrow Tailoring of Federal Firearm Regulations: Insights from United States v. Michael Marzzarella

Date: Jul 30, 2010

Narrow Tailoring of Federal Firearm Regulations: Insights from United States v. Michael Marzzarella Introduction In the landmark case of United States v. Michael Marzzarella, 614 F.3d 85 (3rd Cir....

Exceptional and Extremely Unusual Hardship Standard in Cancellation of Removal Cases

Date: Jul 30, 2010

Exceptional and Extremely Unusual Hardship Standard in Cancellation of Removal Cases Introduction In the landmark case of Blanca Barrales Pareja v. Attorney General of the United States, adjudicated...

Enhanced Discovery Rights under 28 U.S.C. § 1782: Insights from Heraeus KULZER GmbH v. ESSCHEM, Inc.

Date: Jul 29, 2010

Enhanced Discovery Rights under 28 U.S.C. § 1782: Insights from Heraeus KULZER GmbH v. ESSCHEM, Inc. Introduction The case of Heraeus KULZER GmbH v. ESSCHEM, Inc. (390 F. App'x 88) deliberated by the...

Refining the Standard for Injunctive Relief in Trade Secret Misappropriation: Bimbo Bakeries USA, Inc. v. Chris Botticella

Date: Jul 28, 2010

Refining the Standard for Injunctive Relief in Trade Secret Misappropriation: Bimbo Bakeries USA, Inc. v. Chris Botticella Introduction In the case of Bimbo Bakeries USA, Inc. v. Chris Botticella,...

Preemption of State Product Liability Claims and Antitrust Implications in Cornett v. Johnson and Cordis Corp.

Date: Jul 24, 2010

Preemption of State Product Liability Claims and Antitrust Implications in Cornett v. Johnson and Cordis Corp. Introduction The case of Cornett v. Johnson and Cordis Corp. consolidated several...

Establishing Context-Sensitive Standards for Zoning Codes: Melrose, Inc. v. City of Pittsburgh

Date: Jul 21, 2010

Establishing Context-Sensitive Standards for Zoning Codes: Melrose, Inc. v. City of Pittsburgh Introduction In Melrose, Inc. v. City of Pittsburgh (613 F.3d 380), the United States Court of Appeals...