3d Circuit Case Commentaries

Cumulative Brady Violations Undermining Verdict Confidence: Analysis of Ernest Simmons v. Jeffrey Beard

Date: Sep 12, 2009

Cumulative Brady Violations Undermining Verdict Confidence: Analysis of Ernest Simmons v. Jeffrey Beard Introduction Ernest Simmons v. Jeffrey Beard, 581 F.3d 158 (3d Cir. 2009), is a pivotal case...

Brown v. Craftmatic: Establishing Independent Contractor Protections Under Section 1981

Date: Sep 12, 2009

Brown v. Craftmatic: Establishing Independent Contractor Protections Under Section 1981 Introduction Brown v. Craftmatic, 581 F.3d 175 (3d Cir. 2009), is a pivotal case adjudicated by the United...

Enforceability of Informal Contracts and Ambiguity in Trademark Coexistence Agreements: Insights from American Eagle v. Lyle Scott

Date: Sep 12, 2009

Enforceability of Informal Contracts and Ambiguity in Trademark Coexistence Agreements: Insights from American Eagle v. Lyle Scott Introduction American Eagle Outfitters, Retail Royalty Company,...

Cumulative Brady Violations Undermine Verdict: SIMMONS v. BEARD

Date: Sep 12, 2009

Cumulative Brady Violations Undermine Verdict: SIMMONS v. BEARD Introduction Ernest Simmons v. Jeffrey Beard, Commissioner, Pennsylvania Department of Corrections is a landmark case decided by the...

Donlin v. Philips Lighting: Clarifying the Boundaries of Lay Testimony in Title VII Damages Calculations

Date: Sep 10, 2009

Donlin v. Philips Lighting: Clarifying the Boundaries of Lay Testimony in Title VII Damages Calculations Introduction Donlin v. Philips Lighting North America Corporation is a significant case...

Affirmation of Class Settlement Approval in Insurance Brokerage Antitrust Litigation

Date: Sep 9, 2009

Affirmation of Class Settlement Approval in Insurance Brokerage Antitrust Litigation Introduction The case at hand, IN RE INSURANCE BROKERAGE ANTITRUST LITIGATION (MDL No. 1663), consolidated under...

Indemnification Agreements Under ERISA Upheld: Insights from Pittsburgh Mack Sales Service, Inc. v. International Union of Operating Engineers, Local Union No. 66

Date: Sep 5, 2009

Indemnification Agreements Under ERISA Upheld: Insights from Pittsburgh Mack Sales Service, Inc. v. International Union of Operating Engineers, Local Union No. 66 Introduction The case of Pittsburgh...

Clarifying EMTALA's Scope: Outpatient Presentations Do Not Trigger EMTALA Obligations

Date: Sep 3, 2009

Clarifying EMTALA's Scope: Outpatient Presentations Do Not Trigger EMTALA Obligations Introduction The case of Christopher Torretti; Honey Torretti, as parents natural guardians of Christopher J....

GRIDER v. KEYSTONE HEALTH PLAN: Third Circuit Sets New Standards for Discovery Sanctions

Date: Sep 2, 2009

GRIDER v. KEYSTONE HEALTH PLAN: Third Circuit Sets New Standards for Discovery Sanctions Introduction In the case of Natalie M. Grider, M.D.; Kutztown Family Medicine, P.C. v. Keystone Health Plan...

Gender Stereotyping Discrimination Recognized Under Title VII in Prowel v. Wise Business Forms, Inc.

Date: Aug 29, 2009

Gender Stereotyping Discrimination Recognized Under Title VII in Prowel v. Wise Business Forms, Inc. Introduction In Brian D. Prowel v. Wise Business Forms, Inc., 579 F.3d 285 (3d Cir. 2009), the...

Affirmation of Nonpublic Forum Status for Handicapped Ramps in Planned Parenthood Protests

Date: Aug 25, 2009

Affirmation of Nonpublic Forum Status for Handicapped Ramps in Planned Parenthood Protests Introduction The appellate case of McTERNAN et al. v. City of York et al. addresses the balance between...

Four-Year Statute of Limitations for Failure-to-Transfer Claims under the Rehabilitation Act Established in Fowler v. UPMC Shadyside Hospital

Date: Aug 19, 2009

Four-Year Statute of Limitations for Failure-to-Transfer Claims under the Rehabilitation Act Established in Fowler v. UPMC Shadyside Hospital Introduction Fowler v. UPMC Shadyside Hospital, 578 F.3d...

Qualified Immunity Affirmed for Social Workers in Procedural Due Process Claims: Bayer v. Monroe County CYS

Date: Aug 15, 2009

Qualified Immunity Affirmed for Social Workers in Procedural Due Process Claims: Bayer v. Monroe County CYS Introduction In the landmark case of Bayer v. Monroe County Children and Youth Services,...

Holk v. Snapple: Reaffirming the Limits of Federal Preemption in Food Labeling

Date: Aug 13, 2009

Holk v. Snapple: Reaffirming the Limits of Federal Preemption in Food Labeling Introduction In the landmark appellate decision Holk v. Snapple Beverage Corporation, 575 F.3d 329 (3d Cir. 2009), the...

Comprehensive Commentary on Diaz v. Commissioner of Social Security: Considering Obesity in Disability Determinations

Date: Aug 13, 2009

Diaz v. Commissioner of Social Security: Implications for Obesity in Disability Assessments Introduction Maria M. Diaz appealed the decision of the Administrative Law Judge (ALJ) denying her Social...

Enhanced Supervision Conditions in Child Pornography Cases: Analysis of United States v. Thielemann

Date: Aug 4, 2009

Enhanced Supervision Conditions in Child Pornography Cases: Analysis of United States v. Thielemann Introduction United States of America v. Paul R. Thielemann is a pivotal case adjudicated by the...

Fraudulent Joinder and Bankruptcy Do Not Preclude Removal of Class Actions Under CAFA

Date: Aug 1, 2009

Fraudulent Joinder and Bankruptcy Do Not Preclude Removal of Class Actions Under CAFA Introduction William J. Brown et al. v. Sun Capital Partners Inc. et al., 575 F.3d 322 (3d Cir. 2009), presents a...

Defining Special Education Placements Under IDEA: Insights from Courtney v. School District of Philadelphia

Date: Aug 1, 2009

Defining Special Education Placements Under IDEA: Insights from Courtney v. School District of Philadelphia Introduction The case of Mary Courtney T.; Bruce T.; Letty T. v. School District of...

Clarifying AEDPA Standards in Habeas Claims: The Third Circuit's Decision in Christopher Boyd v. SCI Waymart et al.

Date: Aug 1, 2009

Clarifying AEDPA Standards in Habeas Claims: The Third Circuit's Decision in Christopher Boyd v. SCI Waymart et al. Introduction The case of Christopher Boyd v. Warden, SCI Waymart; District Attorney...

Establishing the Boundaries of "Advice" in Pre-Existing Condition Exclusions under ERISA: Doroshow v. Hartford Life and Accident Insurance Company

Date: Jul 31, 2009

Establishing the Boundaries of "Advice" in Pre-Existing Condition Exclusions under ERISA: Doroshow v. Hartford Life and Accident Insurance Company Introduction The case of Jay Doroshow v. Hartford...