3d Circuit Case Commentaries

Admissibility of Expert Testimony and Defendants' Joinder in Drug and Firearm Offenses: An Analysis of United States v. Ke (397 F.3d 173)

Date: Feb 12, 2005

Admissibility of Expert Testimony and Defendants' Joinder in Drug and Firearm Offenses: An Analysis of United States v. Ke (397 F.3d 173) Introduction In the appellate case United States of America...

Legal Custody and Derivative Citizenship: Bagot v. Ashcroft

Date: Feb 12, 2005

Legal Custody and Derivative Citizenship: Bagot v. Ashcroft Introduction The case of Odiri Nkofi Bagot v. John Ashcroft, James Ziglar, Kenneth Elwood serves as a pivotal judicial examination of the...

Application of Laches Doctrine in False Advertising Claims under the Lanham Act: Santana Products Inc. v. Bobrick Washroom Equipment, Inc.

Date: Feb 10, 2005

Application of Laches Doctrine in False Advertising Claims under the Lanham Act Introduction The case of Santana Products Inc. v. Bobrick Washroom Equipment, Inc. serves as a pivotal precedent in the...

Third Circuit Reverses District Court on Batson Violation and Equitable Tolling in Curtis Brinson Habeas Corpus Case

Date: Feb 9, 2005

Third Circuit Reverses District Court on Batson Violation and Equitable Tolling in Curtis Brinson Habeas Corpus Case Introduction The case of Curtis Brinson v. Donald Vaughn et al., decided by the...

Threshold for Proving Ethnic and Religious Persecution in Asylum: An Analysis of Lie v. Ashcroft

Date: Feb 8, 2005

Threshold for Proving Ethnic and Religious Persecution in Asylum: An Analysis of Lie v. Ashcroft Introduction Imelda Laurencia Lie, Soyono Liem Andre, Yulius Suyono, Petitioners v. John Ashcroft,...

Fair Debt Collections Practices Act Applied to Municipal Debt Collection: PIPER v. PORTNOFF LAW ASSOCIATES

Date: Feb 1, 2005

Fair Debt Collections Practices Act Applied to Municipal Debt Collection: PIPER v. PORTNOFF LAW ASSOCIATES Introduction In PIPER v. PORTNOFF LAW ASSOCIATES, the United States Court of Appeals for the...

Third Circuit Affirms Summary Judgment in §1983 Prison Suicide Case: Establishing the Threshold for 'Deliberate Indifference'

Date: Jan 29, 2005

Third Circuit Affirms Summary Judgment in §1983 Prison Suicide Case: Establishing the Threshold for 'Deliberate Indifference' Introduction The case of Patricia A. Woloszyn v. County of Lawrence et...

Third Circuit Reinforces Proper Application of Lodestar Method in Attorneys' Fee Awards: In re Rite Aid Corp. Securities Litigation

Date: Jan 27, 2005

Third Circuit Reinforces Proper Application of Lodestar Method in Attorneys' Fee Awards: In re Rite Aid Corp. Securities Litigation Introduction The case of IN RE RITE AID CORPORATION SECURITIES...

Reimbursement Obligations of Non-Profit Employers Not Classified as Excise Taxes Under Bankruptcy Code

Date: Jan 25, 2005

Reimbursement Obligations of Non-Profit Employers Not Classified as Excise Taxes Under Bankruptcy Code Introduction In the case of In re: United Healthcare System, Inc., Debtor, the United States...

Defining Specific Intent in Torture Claims under the Convention Against Torture: In Napoleon B. Auguste v. Department of Homeland Security

Date: Jan 21, 2005

Defining Specific Intent in Torture Claims under the Convention Against Torture: In Napoleon B. Auguste v. Department of Homeland Security Introduction In the landmark case of Napoleon Bonaparte...

Enhanced Obligations for Defense Counsel in Diminished Capacity Defenses: Jacobs v. Horn

Date: Jan 21, 2005

Enhanced Obligations for Defense Counsel in Diminished Capacity Defenses: Jacobs v. Horn Introduction Daniel Jacobs v. Martin Horn, 395 F.3d 92 (3d Cir. 2005), is a pivotal case in the realm of...

Clarifying 'Testimonial Evidence': Third Circuit's Interpretation Post-Crawford in United States v. Hendricks et al.

Date: Jan 15, 2005

Clarifying 'Testimonial Evidence': Third Circuit's Interpretation Post-Crawford in United States v. Hendricks et al. Introduction The case of United States of America v. Craig M. Hendricks et al.,...

Clarifying the Interstate Commerce Element in Federal Arson Under 18 U.S.C. § 844(i): The Davies Decision

Date: Jan 14, 2005

Clarifying the Interstate Commerce Element in Federal Arson Under 18 U.S.C. § 844(i): The Davies Decision Introduction In United States v. Todd R. Davies, 394 F.3d 182 (2005), the United States Court...

DeFoy v. McCullough: Federal Habeas Relief Accessible Without State Mandamus Exhaustion in Parole Denial Cases Involving Fifth Amendment Claims

Date: Jan 5, 2005

DeFoy v. McCullough: Federal Habeas Relief Accessible Without State Mandamus Exhaustion in Parole Denial Cases Involving Fifth Amendment Claims Introduction DeFoy v. McCullough is a pivotal case...

Enhanced Pleading Standards for Securities Fraud Class Actions: Insights from California Public Employees' Retirement System v. Chubb Corporation

Date: Dec 31, 2004

Enhanced Pleading Standards for Securities Fraud Class Actions: Insights from California Public Employees' Retirement System v. Chubb Corporation Introduction The case of California Public Employees'...

Procedural Default Exception for Brady Violations Established in Slutzker v. Johnson

Date: Dec 30, 2004

Procedural Default Exception for Brady Violations Established in Slutzker v. Johnson Introduction Slutzker v. Johnson, 393 F.3d 373 (3d Cir. 2004), is a pivotal case in the realm of federal habeas...

Affirming the Timely Raising of AEDPA's Statute of Limitations Defense Sua Sponte in Federal Habeas Corpus Petitions

Date: Dec 30, 2004

Affirming the Timely Raising of AEDPA's Statute of Limitations Defense Sua Sponte in Federal Habeas Corpus Petitions 1. Introduction The case of Curtis Long v. Harry Wilson, Superintendent,...

Defining 'Public Conveyance' and 'Regular Passenger Service' in Insurance Policies: Analysis of J.C. Penney Life Insurance Co. v. Pilosi

Date: Dec 29, 2004

Defining 'Public Conveyance' and 'Regular Passenger Service' in Insurance Policies: Analysis of J.C. Penney Life Insurance Co. v. Pilosi Introduction The case of J.C. Penney Life Insurance Company v....

Affirmation of Third Circuit: Invalidating Successorship-Based Health Benefit Assignments under the Coal Industry Retiree Health Benefit Act

Date: Dec 24, 2004

Affirmation of Third Circuit: Invalidating Successorship-Based Health Benefit Assignments under the Coal Industry Retiree Health Benefit Act Introduction The case of USX Corporation and U.S. Steel...

Procedural Default and the Actual Innocence Exception: A Comprehensive Analysis of George Johnson v. S.A.

Date: Dec 23, 2004

Procedural Default and the Actual Innocence Exception: A Comprehensive Analysis of George Johnson v. Stevens (392 F.3d 551) Introduction George Johnson v. Stevens, adjudicated by the United States...

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