3d Circuit Case Commentaries

Affirmation of Dismissal Due to Lack of Standing: Reinforcing Limits on Generalized Grievances

Date: Feb 27, 2009

Affirmation of Dismissal Due to Lack of Standing: Reinforcing Limits on Generalized Grievances Introduction In the pivotal case of Common Cause of Pennsylvania; The League of Women Voters of...

Asylum Eligibility Limited to Individually Persecuted Persons under 8 U.S.C. § 1101(a)(42)

Date: Feb 20, 2009

Asylum Eligibility Limited to Individually Persecuted Persons under 8 U.S.C. § 1101(a)(42) Introduction The case of Guang Lin-Zheng v. Attorney General of the United States (557 F.3d 147) adjudicated...

Mootness in Habeas Corpus Petitions: Lessons from Burkey v. Marberry

Date: Feb 19, 2009

Mootness in Habeas Corpus Petitions: Lessons from Burkey v. Marberry Introduction In the case of John Burkey v. Helen J. Marberry, Warden FCI McKean, the United States Court of Appeals for the Third...

Changed Personal Circumstances Insufficient for Asylum Reopening: Analysis of Liu v. Attorney General

Date: Feb 5, 2009

Changed Personal Circumstances Insufficient for Asylum Reopening: Analysis of Liu v. Attorney General Introduction Liu v. Attorney General of the United States (555 F.3d 145, 3rd Cir. 2009) serves as...

Toll Brothers v. Township of Readington: Establishing Standing for Option Holders in Zoning Disputes

Date: Feb 5, 2009

Toll Brothers v. Township of Readington: Establishing Standing for Option Holders in Zoning Disputes Introduction Toll Bros., Inc. v. Township of Readington is a pivotal case decided by the United...

Effective Assistance and Relation Back in 28 U.S.C. § 2255 Motions: The Third Circuit's Decision in Ir v. ne HODGE, Jr.

Date: Feb 4, 2009

Effective Assistance and Relation Back in 28 U.S.C. § 2255 Motions: The Third Circuit's Decision in Ir v. ne HODGE, Jr. Introduction The case of Ir v. ne HODGE, Jr. (554 F.3d 372) adjudicated by the...

Defining Non-Statutory Insider Status for Preferential Transfers in Bankruptcy: Insights from In re WINSTAR Communications, Inc. v. Lucent Technologies

Date: Feb 4, 2009

Defining Non-Statutory Insider Status for Preferential Transfers in Bankruptcy: Insights from In re WINSTAR Communications, Inc. v. Lucent Technologies Introduction The case of In re WINSTAR...

Affirmation of ADA Disability Discrimination Verdict in Eshelman v. Agere Systems

Date: Jan 31, 2009

Affirmation of ADA Disability Discrimination Verdict in Eshelman v. Agere Systems Introduction Eshelman v. Agere Systems, Inc. is a significant case adjudicated by the United States Court of Appeals...

Implied Private Right of Action Under 42 U.S.C. §1981 Against State Actors: Third Circuit Upholds Congressional Remedy Exclusivity

Date: Jan 29, 2009

Implied Private Right of Action Under 42 U.S.C. §1981 Against State Actors: Third Circuit Upholds Congressional Remedy Exclusivity Introduction The case of Paul McGovern v. City of Philadelphia...

Interpleader Protections Expanded: Prudential Insurance Co. of America v. Hovis Establishes Comprehensive Shield from Liability

Date: Jan 28, 2009

Interpleader Protections Expanded: Prudential Insurance Co. of America v. Hovis Establishes Comprehensive Shield from Liability Introduction Prudential Insurance Company of America v. Robert L. Hovis...

Summary Dismissal of Civil Rights Claims in Prison Retaliation Case: Royster v. Beard

Date: Jan 23, 2009

Summary Dismissal of Civil Rights Claims in Prison Retaliation Case: Royster v. Beard Introduction Case Background: Telly Royster, a Pennsylvania state prisoner, filed a civil rights lawsuit under 42...

Strengthening Compliance: Third Circuit’s Reversal in Kosenske v. Carlisle HMA

Date: Jan 22, 2009

Strengthening Compliance: Third Circuit’s Reversal in Kosenske v. Carlisle HMA Introduction In the landmark case of United States ex rel. Ted D. Kosenske, M.D. v. Carlisle HMA, Inc.; Health...

Affirmation of Disability Benefits Denial Based on Residual Functional Capacity in Malloy v. Commissioner of Social Security

Date: Jan 14, 2009

Affirmation of Disability Benefits Denial Based on Residual Functional Capacity in Malloy v. Commissioner of Social Security Introduction Aurelia B. Malloy, the appellant, contested the denial of her...

Third Circuit Establishes Waiver of Eleventh Amendment Immunity for State Judicial District Receiving Federal Funds Under the Rehabilitation Act

Date: Jan 1, 2009

Third Circuit Establishes Waiver of Eleventh Amendment Immunity for State Judicial District Receiving Federal Funds Under the Rehabilitation Act Introduction The case of Debra Haybarger v. Lawrence...

Clarifying Rule 23 Class Certification Standards in Antitrust Conspiracy Cases: IN RE HYDROGEN PEROXIDE ANTITRUST LITIGATION

Date: Dec 31, 2008

Clarifying Rule 23 Class Certification Standards in Antitrust Conspiracy Cases: IN RE HYDROGEN PEROXIDE ANTITRUST LITIGATION Introduction The In re: Hydrogen Peroxide Antitrust Litigation case,...

Assumption of Risk and Procedural Barriers in Personal Injury Litigation: A Comprehensive Analysis of Bjorgung v. Whitetail Resort

Date: Dec 17, 2008

Assumption of Risk and Procedural Barriers in Personal Injury Litigation: A Comprehensive Analysis of Bjorgung v. Whitetail Resort Introduction In the appellate case Anders Ellis Bjorgung v....

Use of Executive Names in Debt Collection Communications Not a Violation of FDCPA

Date: Dec 17, 2008

Use of Executive Names in Debt Collection Communications Not a Violation of FDCPA Introduction The case of Lisa Y. Campuzano-Burgos, Charmaine T. Angus, and Tiaisha C. Hall v. Midland Credit...

Enforceability of Appellate Waivers in Plea Agreements: Insights from United States v. Corso, III

Date: Dec 16, 2008

Enforceability of Appellate Waivers in Plea Agreements: Insights from United States v. Corso, III Introduction In United States of America v. John D. Corso, III, 549 F.3d 921 (3d Cir. 2008), the...

United States v. John Douglas Grape: Establishing Robust Standards for Involuntary Medication to Restore Competency

Date: Dec 12, 2008

United States v. John Douglas Grape: Establishing Robust Standards for Involuntary Medication to Restore Competency Introduction The case United States of America v. John Douglas Grape (549 F.3d 591)...

Reversal of SSI Denial Based on Improper Evaluation of Treating Physician's Testimony

Date: Dec 10, 2008

Reversal of SSI Denial Based on Improper Evaluation of Treating Physician's Testimony Introduction The case of Kathy J. Brownawell v. Commissioner of Social Security (554 F.3d 352) presents a...