3d Circuit Case Commentaries

Redefining 'Crime of Violence' Under Sentencing Guidelines: Insights from United States v. James Henry Johnson

Date: Nov 19, 2009

Redefining 'Crime of Violence' Under Sentencing Guidelines: Insights from United States v. James Henry Johnson Introduction The case of United States of America v. James Henry Johnson, 587 F.3d 203...

Reaffirmation of the 'Stigma-Plus' Test: Emotional Distress Insufficient for Due Process Claims in Good v. City of Sunbury

Date: Nov 17, 2009

Reaffirmation of the 'Stigma-Plus' Test: Emotional Distress Insufficient for Due Process Claims in Good v. City of Sunbury Introduction In the case of Charlene J. Good and Richard C. Good v. City of...

Rooker-Feldman Doctrine Reinforced and TILA Disclosure Clarified: Analysis of In re Deborah A. Madera

Date: Nov 13, 2009

Rooker-Feldman Doctrine Reinforced and TILA Disclosure Clarified: Analysis of In re Deborah A. Madera Introduction The case of In re Deborah A. Madera, Debtor, heard by the United States Court of...

Affirmation of Summary Judgment in Gilroy v. Astrue: Clarifying the Role of GAF Scores in Social Security Disability Evaluations

Date: Nov 10, 2009

Affirmation of Summary Judgment in Gilroy v. Astrue: Clarifying the Role of GAF Scores in Social Security Disability Evaluations Introduction In the case of Billie Jo Gilroy v. Michael J. Astrue,...

Extending IDEA’s Two-Year Statute of Limitations to §504 Educational Claims: Third Circuit Ruling

Date: Nov 3, 2009

Extending IDEA’s Two-Year Statute of Limitations to §504 Educational Claims: Third Circuit Ruling Introduction In the case of P.P., A Minor by and through his Parents, MICHAEL P. and Rita P.; Michael...

Third Circuit Establishes Precedent on Free Speech and Safety: Limits on Combined Buffer and Bubble Zones

Date: Oct 31, 2009

Third Circuit Establishes Precedent on Free Speech and Safety: Limits on Combined Buffer and Bubble Zones Introduction In the case of Mary Kathryn BROWN v. CITY OF PITTSBURGH, the United States Court...

Establishing RESPA Section 8(d)(2) Private Right of Action Without Overcharge Requirement

Date: Oct 29, 2009

Establishing RESPA Section 8(d)(2) Private Right of Action Without Overcharge Requirement Introduction In the landmark case of Mary Alston, individually and on behalf of all others similarly...

Proximate Cause in Misrepresentation Claims: BOURIEZ v. CARNEGIE MELLON UNIVERSITY

Date: Oct 27, 2009

Proximate Cause in Misrepresentation Claims: BOURIEZ v. CARNEGIE MELLON UNIVERSITY Introduction The case of Christian Bouriez and Montanelle Beheer, B.V. v. Carnegie Mellon University (585 F.3d 765)...

Third Circuit Establishes Robust Framework for Arbitration in Reinsurance Retrocession Agreements

Date: Oct 16, 2009

Third Circuit Establishes Robust Framework for Arbitration in Reinsurance Retrocession Agreements Introduction Century Indemnity Company v. Certain Underwriters at Lloyd's, London was a pivotal case...

Affirmation of Attorneys' Fees Allocation in Complex MDL: Upholding Percentage-of-Recovery and Common Benefit Doctrine in IN RE DIET DRUGS Litigation

Date: Oct 9, 2009

Affirmation of Attorneys' Fees Allocation in Complex MDL: Upholding Percentage-of-Recovery and Common Benefit Doctrine in IN RE DIET DRUGS Litigation Introduction The case of IN RE DIET DRUGS...

Third Circuit Upholds Categorical Approach in Determining CIMT: Simple Assault on Child Not a CIMT under INA

Date: Oct 7, 2009

Third Circuit Upholds Categorical Approach in Determining CIMT: Simple Assault on Child Not a CIMT under INA Introduction The case of Lyonel Jean-Louis v. Attorney General of the United States of...

Res Judicata and Successive Discrimination Claims: Elkadrawy v. Vanguard Group

Date: Oct 7, 2009

Res Judicata and Successive Discrimination Claims: Elkadrawy v. Vanguard Group Introduction The case of Emad Elkadrawy v. The Vanguard Group, Inc., decided by the United States Court of Appeals for...

Firm Offers Under the Fair Credit Reporting Act: Insights from Gelman v. State Farm

Date: Oct 6, 2009

Firm Offers Under the Fair Credit Reporting Act: Insights from Gelman v. State Farm Introduction In Gelman v. State Farm Mutual Automobile Insurance Company, the United States Court of Appeals for...

Affirmation of Attorneys' Fee Award in McKenna v. City of Philadelphia

Date: Oct 3, 2009

Affirmation of Attorneys' Fee Award in McKenna v. City of Philadelphia Introduction The case of Michael McKenna; Beth McKenna; Timothy McKenna; Patricia Sulli v. City of Philadelphia (582 F.3d 447)...

Law of the Case Doctrine Upholding Arbitration in MDL: Bellevue v. AdvancePCS

Date: Sep 25, 2009

Law of the Case Doctrine Upholding Arbitration in MDL: Bellevue v. AdvancePCS Introduction The case In re Pharmacy Benefit Managers Antitrust Litigation (MDL 1782) Bellevue Drug Co.; Robert...

Affirmation of Clean Air Act Operator Liability and Interpretation of 'Knowingly and Willfully' under 18 U.S.C. §1001(a): United States v. Starnes and George

Date: Sep 25, 2009

Affirmation of Clean Air Act Operator Liability and Interpretation of 'Knowingly and Willfully' under 18 U.S.C. §1001(a): United States v. Starnes and George Introduction In the appellate case United...

Constructive Knowledge and FMLA Eligibility: Insights from Erdman v. Nationwide Insurance

Date: Sep 24, 2009

Constructive Knowledge and FMLA Eligibility: Insights from Erdman v. Nationwide Insurance Company Introduction The case of Brenda L. Erdman v. Nationwide Insurance Company (582 F.3d 500, Third...

Limits of Property Interest in At-Will Employment under § 1983: El-Hewie v. Bergen County Board of Education

Date: Sep 18, 2009

Limits of Property Interest in At-Will Employment under § 1983: El-Hewie v. Bergen County Board of Education Introduction The case of Mohamed F. El-Hewie v. Bergen County Board of Education of the...

Preservation of Batson Claims and Effective Assistance of Counsel under AEDPA: A Comprehensive Review of Lewis v. Horn

Date: Sep 15, 2009

Preservation of Batson Claims and Effective Assistance of Counsel under AEDPA: A Comprehensive Review of Lewis v. Horn Introduction The case of Reginald S. Lewis v. Commissioner Martin Horn, 581 F.3d...

Expansion of Stay-and-Abeyance Procedure in Habeas Corpus Petitions: Heleva v. Brooks

Date: Sep 15, 2009

Expansion of Stay-and-Abeyance Procedure in Habeas Corpus Petitions: Heleva v. Brooks Introduction Daniel Arthur HELEVA, Appellant v. Warden Mrs. M. BROOKS; PA State Attorney General; Monroe County...