3d Circuit Case Commentaries

Reaffirming Validity of Initial Stacking Waivers in Multi-Vehicle Policies under Pennsylvania's MVFRL

Date: May 13, 2009

Reaffirming Validity of Initial Stacking Waivers in Multi-Vehicle Policies under Pennsylvania's MVFRL Introduction The case of State Auto Property Casualty Insurance Company v. Pro Design, P.C. (566...

Affirmation of Qualified Immunity in Inmate Retaliation Claims: Da v. SOLAN

Date: May 9, 2009

Affirmation of Qualified Immunity in Inmate Retaliation Claims: Da v. SOLAN Introduction Da v. SOLAN, 326 F. App'x 97 (3d Cir. 2009), presents a significant case in the realm of inmates' civil rights...

Interpretation of 'Applicable Guideline Range' in §3582(c)(2) Under U.S.S.G. §1B1.10: Third Circuit Upholds Denial of Sentence Reduction

Date: May 1, 2009

Interpretation of 'Applicable Guideline Range' in §3582(c)(2) Under U.S.S.G. §1B1.10: Third Circuit Upholds Denial of Sentence Reduction Introduction In the case of United States of America v. John...

Enhanced Pleading Standards for Scienter under the Private Securities Litigation Reform Act in Institutional Investors Group v. Avaya

Date: May 1, 2009

Enhanced Pleading Standards for Scienter under the Private Securities Litigation Reform Act in Institutional Investors Group v. Avaya Introduction Institutional Investors Group, Lead Plaintiff;...

McTERNAN v. City of York: Implications for First Amendment Protections in Public Fora

Date: Apr 28, 2009

McTERNAN v. City of York: Implications for First Amendment Protections in Public Fora Introduction In the case of John McTernan v. City of York, the United States Court of Appeals for the Third...

Kossler v. Crisanti: Defining Favorable Termination in Malicious Prosecution Claims

Date: Apr 22, 2009

Kossler v. Crisanti: Defining Favorable Termination in Malicious Prosecution Claims Introduction In Kossler v. Crisanti, 564 F.3d 181 (3d Cir. 2009), the United States Court of Appeals for the Third...

Extension of Pennsylvania's Strict Products Liability to Bystanders: Berrier v. Simplicity Manufacturing, Inc.

Date: Apr 22, 2009

Extension of Pennsylvania's Strict Products Liability to Bystanders: Berrier v. Simplicity Manufacturing, Inc. Introduction The case of Wayne Berrier; Brenda Gregg, as parents and guardians of Ashley...

Affirmation of Abuse-of-Discretion in Sentencing: United States v. Tomko

Date: Apr 18, 2009

Affirmation of Abuse-of-Discretion in Sentencing: United States v. Tomko Introduction In the landmark case United States of America v. William Tomko, 562 F.3d 558 (2009), the United States Court of...

CGL Policies Exclude Breach of Contract Claims: Nationwide Mutual Insurance Co. v. CPB International

Date: Apr 15, 2009

CGL Policies Exclude Breach of Contract Claims: Nationwide Mutual Insurance Co. v. CPB International Introduction The case NATIONWIDE MUTUAL INSURANCE COMPANY v. CPB INTERNATIONAL, INC. (562 F.3d...

Deferential Standards in ERISA Plan Administration: Insights from Estate of Ke v. Schwing

Date: Apr 15, 2009

Deferential Standards in ERISA Plan Administration: Insights from Estate of Ke v. Schwing Introduction The case of Estate of Ke v. Eli Lilly and Company (562 F.3d 522) adjudicated by the United...

Undue Hardship in Accommodating Religious Garb in Police Uniforms: Webb v. City of Philadelphia

Date: Apr 8, 2009

Undue Hardship in Accommodating Religious Garb in Police Uniforms: Webb v. City of Philadelphia Introduction In the case of Kimberlie D. Webb v. City of Philadelphia, Webb, a Muslim police officer...

Corroboration Standards for Asylum Claims and Procedural Distinctions in Removal Proceedings: Sandie v. Attorney General

Date: Apr 4, 2009

Corroboration Standards for Asylum Claims and Procedural Distinctions in Removal Proceedings: Sandie v. Attorney General Introduction The case of Emmanuel Tango Sandie v. Attorney General of the...

First Amendment Retaliation Claims for Public Employees: Official Duties Context – GORUM v. SESSOMS

Date: Mar 28, 2009

First Amendment Retaliation Claims for Public Employees: Official Duties Context – GORUM v. SESSOMS Introduction GORUM v. SESSOMS (561 F.3d 179, 3rd Cir. 2009) is a pivotal case addressing the...

Kaufman v. Allstate NJ Insurance Company: Defining Significant Basis in CAFA Jurisdiction

Date: Mar 27, 2009

Kaufman v. Allstate NJ Insurance Company: Defining Significant Basis in CAFA Jurisdiction Introduction Kaufman; Freeland; Burrus; Stoilo v. Rossetti; Brown; Kieffer; Kozusko, 561 F.3d 144 (3d Cir....

Affirmation of Denied Sentence Modification in United States v. Brett Styer

Date: Mar 26, 2009

Affirmation of Denied Sentence Modification in United States v. Brett Styer Introduction In United States of America v. Brett Styer, a/k/a Fly, 573 F.3d 151 (3rd Cir. 2009), the United States Court...

Arbitration in Corporate Bylaws: Shareholder Consent Requirements – Kirleis v. Dickie

Date: Mar 25, 2009

Arbitration in Corporate Bylaws: Shareholder Consent Requirements – Kirleis v. Dickie, McCamey Chilcote, P.C. Introduction In Kirleis v. Dickie, McCamey Chilcote, P.C., the United States Court of...

Career Offender Status Overrides Crack Cocaine Sentencing Guideline Amendments: US v. Mateo

Date: Mar 25, 2009

Career Offender Status Overrides Crack Cocaine Sentencing Guideline Amendments: United States v. Jose Ramon Mateo Introduction In the case of United States of America v. Jose Ramon Mateo, 560 F.3d...

Requiring Independently Actionable Conduct in Tortious Interference Claims: ACUMED LLC v. nia, Inc.

Date: Mar 21, 2009

Requiring Independently Actionable Conduct in Tortious Interference Claims: ACUMED LLC v. nia, Inc. Introduction The case of Acumed LLC, A Delaware Limited Liability Corporation; Surgical Resources...

Equitable Tolling Applied to the Federal Tort Claims Act: Third Circuit Sets New Precedent in Santos v. United States

Date: Mar 12, 2009

Equitable Tolling Applied to the Federal Tort Claims Act: Third Circuit Sets New Precedent in Santos v. United States Introduction Santos v. United States is a landmark decision by the United States...

Voluntariness of Consent and Independent Source Doctrine Upheld in Fourth Amendment Search – U.S. v. Price, Jr.

Date: Mar 4, 2009

Voluntariness of Consent and Independent Source Doctrine Upheld in Fourth Amendment Search – U.S. v. Price, Jr. Introduction In the case of United States v. John Joseph Price, Jr., adjudicated by the...