3d Circuit Case Commentaries

Definiteness in Implied-In-Fact Contracts and Quasi-Contract Claims: BAER v. CHASE Analysis

Date: Dec 22, 2004

Definiteness in Implied-In-Fact Contracts and Quasi-Contract Claims: BAER v. CHASE Analysis Introduction In Robert V. BAER v. David Chase et al., decided on December 21, 2004, the United States Court...

Enforcement of Multi-Year Rate Guarantees Under the Doctrine of Reasonable Expectations

Date: Dec 17, 2004

Enforcement of Multi-Year Rate Guarantees Under the Doctrine of Reasonable Expectations Introduction The case of UPMC Health System v. Metropolitan Life Insurance Company, adjudicated by the United...

Third Circuit Affirms Mail Fraud Convictions: Enhancing Protections for Private Entities' Confidential Information

Date: Dec 17, 2004

Third Circuit Affirms Mail Fraud Convictions: Enhancing Protections for Private Entities' Confidential Information Introduction In the case of United States of America v. Hany Al Hedaithy and Riyadh...

Third Circuit Clarifies Habitual Residence and Mootness in Hague Convention Child Abduction Cases

Date: Dec 16, 2004

Third Circuit Clarifies Habitual Residence and Mootness in Hague Convention Child Abduction Cases Introduction In the case of Cathleen Carmen Mary Whiting v. Peter L. Krassner, adjudicated by the...

Establishing the Threshold for Direct Evidence in Age Discrimination Claims: Glanzman v. Metropolitan Management Corporation

Date: Dec 15, 2004

Establishing the Threshold for Direct Evidence in Age Discrimination Claims: Glanzman v. Metropolitan Management Corporation Introduction Glanzman v. Metropolitan Management Corporation, 391 F.3d 506...

Storey v. Burns International Security Services: Defining Protected National Origin Under Title VII

Date: Dec 10, 2004

Storey v. Burns International Security Services: Defining Protected National Origin Under Title VII Introduction In Curtis Blaine Storey v. Burns International Security Services (390 F.3d 760, 2004),...

Third Circuit Affirms Nationwide Class Certification and $44.5 Million Settlement in DuPont Warfarin Sodium Antitrust Litigation

Date: Dec 9, 2004

Third Circuit Affirms Nationwide Class Certification and $44.5 Million Settlement in DuPont Warfarin Sodium Antitrust Litigation Introduction The United States Court of Appeals for the Third Circuit...

In re Combustion Engineering, Inc.: Prepack Chapter 11 Plan Disallowed for Bypassing §524(g) Requirements

Date: Dec 3, 2004

In re Combustion Engineering, Inc.: Prepack Chapter 11 Plan Disallowed for Bypassing §524(g) Requirements Introduction The judicial landscape was significantly shaped by the In re Combustion...

RLUIPA Upholds Standards for Religious Dietary Accommodations in Prisons: DEHART v. HORN

Date: Dec 1, 2004

RLUIPA Upholds Standards for Religious Dietary Accommodations in Prisons: DEHART v. HORN Introduction DEHART v. HORN is a significant appellate decision by the United States Court of Appeals for the...

Preemption of Local Labor Neutrality Conditions in Tax Increment Financing: Insights from HOTEL EMPLOYEES RESTAURANT EMPLOYEES UNION, LOCAL 57 v. SAGE HOSPITALITY RESOURCES, LLC

Date: Nov 16, 2004

Preemption of Local Labor Neutrality Conditions in Tax Increment Financing: Insights from HOTEL EMPLOYEES RESTAURANT EMPLOYEES UNION, LOCAL 57 v. SAGE HOSPITALITY RESOURCES, LLC Introduction Hotel...

Pascack Valley Hospital, Inc. v. UFCW Welfare Reimbursement Plan: ERISA Preemption and Jurisdiction

Date: Nov 2, 2004

ERISA Preemption and Jurisdiction: Pascack Valley Hospital, Inc. v. UFCW Welfare Reimbursement Plan Introduction The case Pascack Valley Hospital, Inc.; Community Medical Center, Lawrence Taylor,...

Reverse Confusion in Trademark Law: Citizens Financial Group, Inc. v. Citizens National Bank of Evans City

Date: Oct 29, 2004

Reverse Confusion in Trademark Law: Citizens Financial Group, Inc. v. Citizens National Bank of Evans City Introduction The case of CITIZENS FINANCIAL GROUP, INC. v. CITIZENS NATIONAL BANK OF EVANS...

Rays of Hope Doctrine and Duty of Fair Representation under the Railway Labor Act: Leroy BENSEL v. ALPA

Date: Oct 27, 2004

Rays of Hope Doctrine and Duty of Fair Representation under the Railway Labor Act: Leroy BENSEL v. ALPA Introduction Leroy BENSEL, Individually and as Representative of a Class filed a class-action...

Limitation on Use of Unrelated Credibility Determinations in Reopening Asylum Proceedings

Date: Oct 26, 2004

Limitation on Use of Unrelated Credibility Determinations in Reopening Asylum Proceedings Introduction The case of Jian Lian Guo v. John Ashcroft, Attorney General of the United States explores...

Third Circuit Upholds Deference to State Courts under AEDPA in LAMBERT v. BLACKWELL: Reinforcing Exhaustion and Comity

Date: Oct 13, 2004

Third Circuit Upholds Deference to State Courts under AEDPA in LAMBERT v. BLACKWELL: Reinforcing Exhaustion and Comity Introduction LAMBERT v. BLACKWELL is a notable case adjudicated by the United...

Federal Preemption of State Tort Claims in National Flood Insurance Program: C.E.R. 1988, Inc. v. Aetna Casualty and Surety Company