3d Circuit Case Commentaries

Miranda Waiver Standards Reaffirmed in United States v. Naranjo

Date: Sep 27, 2005

Miranda Waiver Standards Reaffirmed in United States v. Naranjo Introduction United States of America v. Adolfo Naranjo, 426 F.3d 221 (3d Cir. 2005), is a pivotal case that delves into the...

Derivative Citizenship and the REAL ID Act: Insights from Jordon v. Attorney General of the United States

Date: Sep 27, 2005

Derivative Citizenship and the REAL ID Act: Insights from Jordon v. Attorney General of the United States Introduction Mark Anthony Herbert Jordon v. Attorney General of the United States,...

Fraud Upon the Court and Military Secrets Privilege: Comprehensive Commentary on Herring v. Dually; Loether

Date: Sep 23, 2005

Fraud Upon the Court and Military Secrets Privilege: Comprehensive Commentary on Herring v. Dually; Loether Introduction The case of Patricia J. Herring, Individually; Judith Palya Loether,...

Ensuring Independent Judicial Oversight in Settlement-Only Class Actions: Analysis of In re CBNV and GNBT Second Mortgage Loan Litigation

Date: Sep 22, 2005

Ensuring Independent Judicial Oversight in Settlement-Only Class Actions: Analysis of In re CBNV and GNBT Second Mortgage Loan Litigation Introduction The legal landscape surrounding class action...

Admissibility of Safety History Evidence in Product Liability: Forrest v. Beloit Corporation

Date: Sep 17, 2005

Admissibility of Safety History Evidence in Product Liability: Forrest v. Beloit Corporation Introduction Forrest v. Beloit Corporation; Harnischfeger Industries, Inc. is a significant case...

BAXTER v. BAXTER: Reinterpreting Parental Consent in International Child Abduction Cases

Date: Sep 16, 2005

BAXTER v. BAXTER: Reinterpreting Parental Consent in International Child Abduction Cases Introduction The case of Henry G. Baxter v. Jody Amanda Baxter, adjudicated by the United States Court of...

GORDON v. LEWISTOWN HOSPital: Clarifying HCQIA Immunity and Antitrust Limitations in Professional Review Actions

Date: Sep 13, 2005

GORDON v. LEWISTOWN HOSPital: Clarifying HCQIA Immunity and Antitrust Limitations in Professional Review Actions Introduction The case of Alan D. Gordon, M.D.; Alan D. Gordon, M.D., P.C.; Mifflin...

Evancho v. Fisher: Affirmation of Notice Pleading Standards in §1983 Claims Against Individual Government Defendants

Date: Sep 13, 2005

Evancho v. Fisher: Affirmation of Notice Pleading Standards in §1983 Claims Against Individual Government Defendants Introduction The case of Karen E. Evancho v. D. Michael Fisher, Attorney General...

Finalizing Forfeiture Orders Post-Sentencing: The Bennett Case

Date: Sep 13, 2005

Finalizing Forfeiture Orders Post-Sentencing: The Bennett Case Introduction The case of United States of America v. Frank Wiggs Bennett, adjudicated by the United States Court of Appeals for the...

Strict Adherence to Federal Rule of Civil Procedure 51 Affirmed in Defamation Appeal

Date: Sep 13, 2005

Strict Adherence to Federal Rule of Civil Procedure 51 Affirmed in Defamation Appeal Introduction Franklin Prescriptions, Inc. v. New York Times Co., 424 F.3d 336 (3d Cir. 2005), is a pivotal case...

Strict Adherence to Claims-Made Coverage in Excess Liability Policies: Lexington Ins. Co. v. Western Pennsylvania Hospital

Date: Sep 10, 2005

Strict Adherence to Claims-Made Coverage in Excess Liability Policies: Lexington Ins. Co. v. Western Pennsylvania Hospital Introduction In the case of Lexington Insurance Company v. Western...

Establishing Non-State Actor Status of Foster Parents Under 42 U.S.C. § 1983: Comprehensive Analysis of Leshko v. Servis

Date: Sep 10, 2005

Establishing Non-State Actor Status of Foster Parents Under 42 U.S.C. § 1983: Comprehensive Analysis of Leshko v. Servis Introduction Karen M. Leshko v. Greg Servis; Judy M. Servis, adjudicated by...

Ex Post Facto Analysis in Parole Decisions: Richardson v. Pennsylvania Board of Probation and Parole

Date: Sep 9, 2005

Ex Post Facto Analysis in Parole Decisions: Richardson v. Pennsylvania Board of Probation and Parole Introduction Wilbur Richardson v. Pennsylvania Board of Probation and Parole; Attorney General of...

Invalidation of 8 C.F.R. § 1245.1(c)(8): Paroled Arriving Aliens in Removal Proceedings May Adjust Status

Date: Sep 9, 2005

Invalidation of 8 C.F.R. § 1245.1(c)(8): Paroled Arriving Aliens in Removal Proceedings May Adjust Status Introduction The case of Zheng ZHENG v. Alberto GONZALES, Attorney General of the United...

Affirmation of Reasonableness Standard in School Seizures

Date: Sep 8, 2005

Affirmation of Reasonableness Standard in School Seizures Introduction The case of Joshua Shuman v. Penn Manor School District (422 F.3d 141, 2005) presents a critical examination of constitutional...

Cefalu v. Barnhart: Affirmation of Administrative Determinations in Disability Claims

Date: Sep 7, 2005

Cefalu v. Barnhart: Affirmation of Administrative Determinations in Disability Claims Introduction The case of Peter Cefalu, Jr. v. Jo Anne B. Barnhart, Commissioner of Social Security (387 F. Supp....

Third Circuit Clarifies Non-Discriminatory Classification of Personal Care Homes under the Fair Housing Amendments Act

Date: Sep 1, 2005

Third Circuit Clarifies Non-Discriminatory Classification of Personal Care Homes under the Fair Housing Amendments Act Introduction In the landmark case of Community Services, Inc., t/a Community...

State Action and Fourth Amendment Violations in Private Repossessions: Elizabeth Harvey v. Plains Township Police Department

Date: Aug 31, 2005

State Action and Fourth Amendment Violations in Private Repossessions: Elizabeth Harvey v. Plains Township Police Department Introduction The case of Elizabeth Harvey v. Plains Township Police...

Reversal of Summary Judgment in Copyright Infringement: Kay Berry, Inc. v. Taylor Gifts, Inc.; Bandwagon, Inc.

Date: Aug 31, 2005

Reversal of Summary Judgment in Copyright Infringement: Kay Berry, Inc. v. Taylor Gifts, Inc.; Bandwagon, Inc. Introduction The case of Kay Berry, Inc. v. Taylor Gifts, Inc.; Bandwagon, Inc.,...

Clarifying CAT Claims and Jurisdiction Post-REAL ID Act: Comprehensive Analysis of Kamara v. Attorney General of the United States

Date: Aug 30, 2005

Clarifying CAT Claims and Jurisdiction Post-REAL ID Act: Comprehensive Analysis of Kamara v. Attorney General of the United States Introduction Mohamed Kamara, a native of Sierra Leone, found himself...

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