3d Circuit Case Commentaries

Reaffirming Dealer Standing: Insights from Danvers Motor Co. v. Ford Motor Company

Date: Dec 20, 2005

Reaffirming Dealer Standing: Insights from Danvers Motor Co. v. Ford Motor Company Introduction In Danvers Motor Co., Inc. et al. v. Ford Motor Company, the United States Court of Appeals for the...

Private Right of Action Under ECPA for Unauthorized Interception of Encrypted Satellite Broadcasts

Date: Dec 16, 2005

Private Right of Action Under ECPA for Unauthorized Interception of Encrypted Satellite Broadcasts Introduction DIRECTV Inc. v. Pepe et al. is a landmark decision by the United States Court of...

Mandatory Consideration of Statutory Factors in Inmate Placement: Woodall v. Federal Bureau of Prisons

Date: Dec 16, 2005

Mandatory Consideration of Statutory Factors in Inmate Placement: Woodall v. Federal Bureau of Prisons, 432 F.3d 235 (3rd Cir. 2005) Introduction Shawn James Allen Woodall, a federal inmate,...

Enhanced Standards for Materiality and Counsel Retention in Securities Litigation: Analysis of In re Merck Co., Inc. Securities Litigation

Date: Dec 16, 2005

Enhanced Standards for Materiality and Counsel Retention in Securities Litigation: Analysis of In re Merck Co., Inc. Securities Litigation Introduction The case of In re: Merck Co., Inc. Securities...

Balancing Informant Relationships and Miranda Rights: Jacobs v. USA

Date: Dec 15, 2005

Balancing Informant Relationships and Miranda Rights: Jacobs v. United States Introduction United States of America v. Josette Jacobs is a pivotal case adjudicated by the United States Court of...

Third Circuit Affirms Broad Application of Section 501(c) in Complex Union Embezzlement Cases: United States v. Lore and Others

Date: Dec 3, 2005

Third Circuit Affirms Broad Application of Section 501(c) in Complex Union Embezzlement Cases: United States v. Lore and Others Introduction In the landmark case of United States v. Joseph Lore, et...

Voluntariness and Privacy in School-Administered Student Surveys: C.N., Indi v. Ridgewood Board of Education

Date: Dec 2, 2005

Voluntariness and Privacy in School-Administered Student Surveys: C.N., Indi v. Ridgewood Board of Education Introduction The case of C.N., Indi v. Ridgewood Board of Education addresses critical...

Affirming Bad Faith as a Matter of Law in Insurance Rescission Claims: The Northwestern Mutual Life Insurance Co. v. Kathleen L. Babayan Case

Date: Dec 1, 2005

Affirming Bad Faith as a Matter of Law in Insurance Rescission Claims: The Northwestern Mutual Life Insurance Co. v. Kathleen L. Babayan Case Introduction The case of The Northwestern Mutual Life...

Third Circuit Decision Refines Standards for Excessive Force and Unreasonable Search Claims Under §1983

Date: Dec 1, 2005

Third Circuit Decision Refines Standards for Excessive Force and Unreasonable Search Claims Under §1983 Introduction In the case of Estate of Robert Cecil Smith et al. v. Trooper James Marasco et...

Enforceability of Waivers in Plea Agreements: Analysis of United States v. Vincent Ellis Wilson

Date: Dec 1, 2005

Enforceability of Waivers in Plea Agreements: Analysis of United States v. Vincent Ellis Wilson Introduction United States v. Vincent Ellis Wilson, 429 F.3d 455 (3d Cir. 2005), is a pivotal case that...

Exhaustion Requirement Reinforced: Futility Doctrine Insufficient in Federal Habeas Corpus Claims

Date: Nov 9, 2005

Exhaustion Requirement Reinforced: Futility Doctrine Insufficient in Federal Habeas Corpus Claims Introduction In the landmark case of Shawn Parker v. Donald Kelchner, Superintendent; Attorney...

Clarifying the Scope of Civil Remedies Under the Computer Fraud and Abuse Act: Analysis of P.C. YONKERS, INC. v. Celebrations the Party and Seasonal Superstore, LLC

Date: Nov 8, 2005

Clarifying the Scope of Civil Remedies Under the Computer Fraud and Abuse Act: Analysis of P.C. YONKERS, INC. v. Celebrations the Party and Seasonal Superstore, LLC Introduction In the case of P.C....

Reaffirmation of the Right to Challenge Unreliable Eyewitness Identification: Thomas v. Varner

Date: Nov 5, 2005

Reaffirmation of the Right to Challenge Unreliable Eyewitness Identification: Thomas v. Varner Introduction The case of Clayton Thomas v. Ben Varner; the District Attorney of the County of...

Reichley Brothers Farm v. Pennsylvania Department of Agriculture: Affirmation of Summary Judgment on Procedural Due Process Claims

Date: Nov 3, 2005

Reichley Brothers Farm v. Pennsylvania Department of Agriculture: Affirmation of Summary Judgment on Procedural Due Process Claims Introduction Reichley Brothers Farm v. Pennsylvania Department of...

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3d Circuit Case Commentaries

Reaffirming Dealer Standing: Insights from Danvers Motor Co. v. Ford Motor Company

Private Right of Action Under ECPA for Unauthorized Interception of Encrypted Satellite Broadcasts

Mandatory Consideration of Statutory Factors in Inmate Placement: Woodall v. Federal Bureau of Prisons

Enhanced Standards for Materiality and Counsel Retention in Securities Litigation: Analysis of In re Merck Co., Inc. Securities Litigation

Balancing Informant Relationships and Miranda Rights: Jacobs v. USA

Third Circuit Affirms Broad Application of Section 501(c) in Complex Union Embezzlement Cases: United States v. Lore and Others

Voluntariness and Privacy in School-Administered Student Surveys: C.N., Indi v. Ridgewood Board of Education

Affirming Bad Faith as a Matter of Law in Insurance Rescission Claims: The Northwestern Mutual Life Insurance Co. v. Kathleen L. Babayan Case

Third Circuit Decision Refines Standards for Excessive Force and Unreasonable Search Claims Under §1983

Enforceability of Waivers in Plea Agreements: Analysis of United States v. Vincent Ellis Wilson

Exhaustion Requirement Reinforced: Futility Doctrine Insufficient in Federal Habeas Corpus Claims

Clarifying the Scope of Civil Remedies Under the Computer Fraud and Abuse Act: Analysis of P.C. YONKERS, INC. v. Celebrations the Party and Seasonal Superstore, LLC

Reaffirmation of the Right to Challenge Unreliable Eyewitness Identification: Thomas v. Varner

Reichley Brothers Farm v. Pennsylvania Department of Agriculture: Affirmation of Summary Judgment on Procedural Due Process Claims

Equitable Tolling and Ineffective Assistance of Counsel in Immigration Proceedings: An Analysis of Mahmood v. Gonzales

Third Circuit Upholds Qualified Immunity in §1983 First Amendment Claims Involving Campus Arrests and ARD Program

Third Circuit Clarifies Forum Rate Rule and Its Exceptions in Attorney Fee Awards

WILSON v. BEARD: Affirming the Batson Framework in Juror Selection

Conflicts of Interest in Bankruptcy Counsel Retention: In re Congoleum Corp. Decision Sets New Precedent

Third Circuit Upholds Eleventh Amendment Immunity for State Judicial District under ADA