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  • Commentaries
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3d Circuit Case Commentaries

United States v. Brodie: Reinforcing Willful Blindness in TWEA Conspiracy Cases

United States v. Brodie: Reinforcing Willful Blindness in TWEA Conspiracy Cases

Date: Apr 13, 2005
United States v. Brodie: Reinforcing Willful Blindness in TWEA Conspiracy Cases Introduction United States of America v. Stefan E. Brodie is a pivotal case adjudicated by the United States Court of...
Non-Retroactivity of Booker in Successive Habeas Corpus Petitions: In re Anthony Bola Olopade

Non-Retroactivity of Booker in Successive Habeas Corpus Petitions: In re Anthony Bola Olopade

Date: Apr 12, 2005
Non-Retroactivity of Booker in Successive Habeas Corpus Petitions: In re Anthony Bola Olopade Introduction In re Anthony Bola Olopade (403 F.3d 159) is a pivotal case decided by the United States...
Cendant Corporation Securities Litigation: Defining Fee Entitlements for Non-Lead Counsel under the PSLRA

Cendant Corporation Securities Litigation: Defining Fee Entitlements for Non-Lead Counsel under the PSLRA

Date: Apr 12, 2005
Cendant Corporation Securities Litigation: Defining Fee Entitlements for Non-Lead Counsel under the PSLRA Introduction The case of In re: CENDANT CORPORATION SECURITIES LITIGATION adjudicated by the...
Equitable Tolling in Immigration Proceedings: Borges v. Gonzales

Equitable Tolling in Immigration Proceedings: Borges v. Gonzales

Date: Mar 31, 2005
Equitable Tolling in Immigration Proceedings: Borges v. Gonzales Introduction Jose Borges v. Alberto Gonzales, Attorney General of the United States is a landmark case decided by the United States...
Third Circuit Upholds DNA Collection Under the Fourth Amendment in Sczubelek v. United States

Third Circuit Upholds DNA Collection Under the Fourth Amendment in Sczubelek v. United States

Date: Mar 22, 2005
Third Circuit Upholds DNA Collection Under the Fourth Amendment in Sczubelek v. United States Introduction In United States of America v. Paul G. Sczubelek, 402 F.3d 175 (3rd Cir. 2005), the United...
Trippe Manufacturing Co. v. Niles Audio Corp.: Defining the Scope of Arbitrability for Assumed Obligations

Trippe Manufacturing Co. v. Niles Audio Corp.: Defining the Scope of Arbitrability for Assumed Obligations

Date: Mar 19, 2005
Trippe Manufacturing Co. v. Niles Audio Corp.: Defining the Scope of Arbitrability for Assumed Obligations Introduction Trippe Manufacturing Company, an Illinois corporation, appealed a decision from...
Arbitrator's Authority and the Upholding of Arbitration Awards: Insights from Brentwood Medical Associates v. United Mine Workers of America

Arbitrator's Authority and the Upholding of Arbitration Awards: Insights from Brentwood Medical Associates v. United Mine Workers of America

Date: Mar 18, 2005
Arbitrator's Authority and the Upholding of Arbitration Awards: Insights from Brentwood Medical Associates v. United Mine Workers of America Introduction The case of Brentwood Medical Associates...
Reaffirmation of Non-Appealability of Interim Attorneys’ Fee Awards in Multidistrict Litigation

Reaffirmation of Non-Appealability of Interim Attorneys’ Fee Awards in Multidistrict Litigation

Date: Mar 11, 2005
Reaffirmation of Non-Appealability of Interim Attorneys’ Fee Awards in Multidistrict Litigation Introduction The case of In re: DIET DRUGS (PHENTERMINE/FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS...
Economic Persecution Recognized in Asylum Claims: A Comprehensive Analysis of Zhen Hua Li v. Attorney General

Economic Persecution Recognized in Asylum Claims: A Comprehensive Analysis of Zhen Hua Li v. Attorney General

Date: Mar 11, 2005
Economic Persecution Recognized in Asylum Claims: A Comprehensive Analysis of Zhen Hua Li v. Attorney General Introduction Zhen Hua Li v. Attorney General of the United States is a pivotal case...
Rutherford v. Barnhart: Substantial Evidence Standard in SSI Disability Decisions

Rutherford v. Barnhart: Substantial Evidence Standard in SSI Disability Decisions

Date: Mar 4, 2005
Rutherford v. Barnhart: Substantial Evidence Standard in SSI Disability Decisions Introduction The case Joyce A. Rutherford v. Jo Anne B. Barnhart, Commissioner of the Social Security Administration...
Clarifying Brady Obligations in Complex Prosecutions: United States v. Pelullo

Clarifying Brady Obligations in Complex Prosecutions: United States v. Pelullo

Date: Feb 26, 2005
Clarifying Brady Obligations in Complex Prosecutions: United States v. Pelullo Introduction United States v. Pelullo is a landmark case adjudicated by the United States Court of Appeals for the Third...
Scope of Sovereign Immunity Waiver Under Bankruptcy Code: In re Kaiser Group International Inc. Case Analysis

Scope of Sovereign Immunity Waiver Under Bankruptcy Code: In re Kaiser Group International Inc. Case Analysis

Date: Feb 26, 2005
Scope of Sovereign Immunity Waiver Under Bankruptcy Code: In re Kaiser Group International Inc. Case Analysis Introduction The case of In re: Kaiser Group International Inc., Debtor International...
Enforcing Monopoly Law: Exclusive Dealing Practices under Section 2 of the Sherman Act in United States v. Dentsply International, Inc.

Enforcing Monopoly Law: Exclusive Dealing Practices under Section 2 of the Sherman Act in United States v. Dentsply International, Inc.

Date: Feb 25, 2005
Enforcing Monopoly Law: Exclusive Dealing Practices under Section 2 of the Sherman Act in United States v. Dentsply International, Inc. Introduction The case of United States of America, Appellant,...
Due Process Protections for Pre-Trial Detainees: Insights from Hubbard v. Taylor

Due Process Protections for Pre-Trial Detainees: Insights from Hubbard v. Taylor

Date: Feb 24, 2005
Due Process Protections for Pre-Trial Detainees: Insights from Hubbard v. Taylor Introduction In Hubbard v. Taylor, decided by the United States Court of Appeals for the Third Circuit on February 23,...
Effective Miranda Waiver and Limits on Delegating Supervised Release Conditions: United States v. Pruden

Effective Miranda Waiver and Limits on Delegating Supervised Release Conditions: United States v. Pruden

Date: Feb 24, 2005
Effective Miranda Waiver and Limits on Delegating Supervised Release Conditions: United States v. Pruden Introduction In United States v. Calvin Edward Pruden, 398 F.3d 241 (3d Cir. 2005), the United...
Accounting for Infringer's Profits Under Lanham Act §43(a) Without Prerequisite of Willfulness

Accounting for Infringer's Profits Under Lanham Act §43(a) Without Prerequisite of Willfulness

Date: Feb 23, 2005
Accounting for Infringer's Profits Under Lanham Act §43(a) Without Prerequisite of Willfulness Introduction Banjo Buddies, Inc. v. Joseph F. Renosky is a pivotal case decided by the United States...
Clarifying Imminent and Substantial Endangerment under RCRA: A Comprehensive Review of Interfaith Community Organization v. Honeywell International

Clarifying Imminent and Substantial Endangerment under RCRA: A Comprehensive Review of Interfaith Community Organization v. Honeywell International

Date: Feb 19, 2005
Clarifying Imminent and Substantial Endangerment under RCRA: A Comprehensive Review of Interfaith Community Organization v. Honeywell International Introduction The case of Interfaith Community...
At-Will Employment Reinforced: Insights from Elmore v. Cleary et al.

At-Will Employment Reinforced: Insights from Elmore v. Cleary et al.

Date: Feb 17, 2005
At-Will Employment Reinforced: Insights from Elmore v. Cleary et al. Introduction Elmore v. Cleary et al. (399 F.3d 279) is a pivotal case adjudicated by the United States Court of Appeals for the...
SLUSA Preemption Affirmed in Rowinski v. Salomon Smith Barney

SLUSA Preemption Affirmed in Rowinski v. Salomon Smith Barney

Date: Feb 17, 2005
SLUSA Preemption Affirmed in Rowinski v. Salomon Smith Barney: Implications for Securities Class Actions Introduction Rowinski v. Salomon Smith Barney, Inc. is a pivotal case adjudicated by the...
Equitable Tolling and Due Diligence in Habeas Corpus Petitions: LaCava v. Kyler

Equitable Tolling and Due Diligence in Habeas Corpus Petitions: LaCava v. Kyler

Date: Feb 12, 2005
Equitable Tolling and Due Diligence in Habeas Corpus Petitions: LaCava v. Kyler Introduction The case of Michael LaCava v. Kenneth D. Kyler, decided by the United States Court of Appeals for the...
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