3d Circuit Case Commentaries

Affirming Summary Judgment Standards for Retaliation under 42 U.S.C §1981 and the Constraints on Amending Complaints under Rule 15: Estate of Oliva, Jr., v. State of New Jersey

Date: May 5, 2010

Affirming Summary Judgment Standards for Retaliation under 42 U.S.C §1981 and the Constraints on Amending Complaints under Rule 15: Estate of Oliva, Jr., v. State of New Jersey Introduction The case...

Seizure of Shared Computer Hard Drives: Third Circuit Clarifies the Scope of GEORGIA v. RANDOLPH

Date: May 1, 2010

Seizure of Shared Computer Hard Drives: Third Circuit Clarifies the Scope of GEORGIA v. RANDOLPH Introduction In United States of America v. Richard D. King, Jr., 604 F.3d 125 (3d Cir. 2010), the...

Affirmation of Directed Verdict Under Rule 50: Statute of Limitations and Evidentiary Sufficiency in Mortgage Fraud Claims

Date: Apr 27, 2010

Affirmation of Directed Verdict Under Rule 50: Statute of Limitations and Evidentiary Sufficiency in Mortgage Fraud Claims Introduction The case of Patrice Harris v. Homecomings Financial Services,...

Affirmation of Life Sentence in Rainey v. Varner: Implications for Ineffective Counsel Claims

Date: Apr 24, 2010

Affirmation of Life Sentence in Rainey v. Varner: Implications for Ineffective Counsel Claims Introduction Rainey v. Varner, Superintendent, 603 F.3d 189 (3d Cir. 2010) is a pivotal case that...

Reaffirming the Weight of Administrative Findings under IDEA: D.S. v. Bayonne Board of Education

Date: Apr 23, 2010

Reaffirming the Weight of Administrative Findings under IDEA: D.S. v. Bayonne Board of Education Introduction The case of D.S., indivi. v. Bayonne Board of Education (602 F.3d 553) represents a...

Qualified Immunity Affirmed in Montanez v. Thompson: Implications for §1983 Eighth Amendment Claims

Date: Apr 23, 2010

Qualified Immunity Affirmed in Montanez v. Thompson: Implications for §1983 Eighth Amendment Claims Introduction Miguel Montanez v. Pat Thompson is a significant case decided by the United States...

Merced v. United States: Upholding Procedural Compliance in Sentencing Career Offenders

Date: Apr 21, 2010

Merced v. United States: Upholding Procedural Compliance in Sentencing Career Offenders Introduction In United States v. Hector Merced, 603 F.3d 203 (3d Cir. 2010), the United States Court of Appeals...

Establishing Probable Cause Through IP Address in Child Pornography Cases: United States v. Roderick S. Vosburgh

Date: Apr 21, 2010

Establishing Probable Cause Through IP Address in Child Pornography Cases: United States v. Roderick S. Vosburgh Introduction United States v. Roderick S. Vosburgh is a significant case adjudicated...

Reaffirming the Gist of the Action Doctrine: Third Circuit Remands for Reassessment of Tort Claims in Contractual Disputes

Date: Apr 21, 2010

Reaffirming the Gist of the Action Doctrine: Third Circuit Remands for Reassessment of Tort Claims in Contractual Disputes Introduction Pediatrix Screening, Inc.; Pediatrix Screening, L.P., Appellant...

Dentsply International Monopolization and Restraint of Trade: A Comprehensive Analysis

Date: Apr 17, 2010

Dentsply International's Monopolistic Practices Affirmed: Implications for Antitrust Law Introduction In the appellate case Howard Hess Dental Laboratories, Inc. and Philip Guttierez d/b/a Dentures...

Affirmation of Discretion in Appointment of Counsel for Indigent Civil Litigants: Lasko v. Watts

Date: Apr 13, 2010

Affirmation of Discretion in Appointment of Counsel for Indigent Civil Litigants: Lasko v. Watts Introduction In the case of Larry Lyle Lasko v. Harrell Watts, the United States Court of Appeals for...

Affirmation of ADA Limitations on Disability Claims Arising Solely from Medication Side Effects: Sulima v. Tobyhanna Army Depot

Date: Apr 13, 2010

Affirmation of ADA Limitations on Disability Claims Arising Solely from Medication Side Effects: Sulima v. Tobyhanna Army Depot Introduction The case of Ed Sulima v. Tobyhanna Army Depot navigates...

Standard of Review in CAT Claims: Third Circuit Clarifies Clear Error Standard for Probability of Future Torture Findings

Date: Apr 10, 2010

Standard of Review in CAT Claims: Third Circuit Clarifies Clear Error Standard for Probability of Future Torture Findings Introduction In the case of Vadim Kaplun v. Attorney General of the United...

Third Circuit Recognizes Shift Changes as Reasonable ADA Accommodation in Disability Discrimination Case

Date: Apr 9, 2010

Third Circuit Recognizes Shift Changes as Reasonable ADA Accommodation in Disability Discrimination Case Introduction Jeanette Colwell, a former part-time retail clerk at Rite Aid Corporation in...

Court Affirms Narrow Scope of Rule 10b-5 Omission Liability: United States v. Schiff

Date: Apr 8, 2010

Court Affirms Narrow Scope of Rule 10b-5 Omission Liability: United States v. Schiff Introduction In the landmark case of United States v. Frederick S. Schiff, decided on April 7, 2010, the United...

Apparent Authority and the Limitation of TILA Protections: Azur v. Chase Bank

Date: Apr 2, 2010

Apparent Authority and the Limitation of TILA Protections: Azur v. Chase Bank Introduction In Francis H. Azur v. Chase Bank, USA, National Association, the United States Court of Appeals for the...

Affirmation of Dismissal in Emmett J. Mann v. City of York Establishes Strict Standards for Rule 12(b)(6) Motions

Date: Mar 31, 2010

Affirmation of Dismissal in Emmett J. Mann v. City of York Establishes Strict Standards for Rule 12(b)(6) Motions Introduction Emmett J. Mann v. John S. Brenner et al. is a pivotal case adjudicated...

Choice-of-Law Determination in Consumer Fraud Class Actions: Third Circuit Upholds Dismissal in Cooper v. Samsung

Date: Mar 31, 2010

Choice-of-Law Determination in Consumer Fraud Class Actions: Third Circuit Upholds Dismissal in Cooper v. Samsung Introduction The case of Nathan Cooper v. Samsung Electronics America, Inc. revolves...

Costs Awards in Medical Malpractice Cases: Reger & Workman v. Nemours Foundation

Date: Mar 27, 2010

Costs Awards in Medical Malpractice Cases: Reger & Workman v. Nemours Foundation Introduction The case of Reger & Workman v. The Nemours Foundation, Inc. involves tragic circumstances where both the...

Affirmation of Dismissal in Legal Malpractice and Conspiracy Claims: Thakar v. Tan et al.

Date: Mar 26, 2010

Affirmation of Dismissal in Legal Malpractice and Conspiracy Claims: Thakar v. Tan et al. Introduction In the case of Chetan Thakar v. Herbert J. Tan, Esq.; Mark Manta, Esq.; Gerald J. Resnick, Esq.;...