3d Circuit Case Commentaries

Chen v. Ashcroft: Defining Asylum Eligibility for Unmarried Partners under Coercive Population Control Programs

Date: Aug 21, 2004

Chen v. Ashcroft: Defining Asylum Eligibility for Unmarried Partners under Coercive Population Control Programs Introduction The case of Cai Luan Chen v. John Ashcroft, Attorney General of the United...

Third Circuit Affirms Permissible Admission of Redacted Co-Defendant Statements in Habeas Corpus under Bruton Standard: Priester v. Vaughn

Date: Aug 20, 2004

Third Circuit Affirms Permissible Admission of Redacted Co-Defendant Statements in Habeas Corpus under Bruton Standard: Priester v. Vaughn Introduction The case of Barry Priester v. Donald T. Vaughn;...

Rule 60(b) Motions as Successive Habeas Petitions Under AEDPA: Insights from Pridgen v. Shannon

Date: Aug 20, 2004

Rule 60(b) Motions as Successive Habeas Petitions Under AEDPA: Insights from Pridgen v. Shannon Introduction The case of James Mario Pridgen v. Shannon; The District Attorney of the County of...

Reclassification of Graduate Medical Education Costs: Precedent from Mercy Catholic Medical Center v. Thompson

Date: Aug 19, 2004

Reclassification of Graduate Medical Education Costs: Precedent from Mercy Catholic Medical Center v. Thompson Introduction MERCY CATHOLIC MEDICAL CENTER, Appellant v. TOMMY G. THOMPSON, SECRETARY OF...

Clarifying 'Property' under Due Process: Pappas v. City of Lebanon Establishes Threshold for Entitlement

Date: Aug 17, 2004

Clarifying 'Property' under Due Process: Pappas v. City of Lebanon Establishes Threshold for Entitlement Introduction George C. Pappas v. City of Lebanon, et al. (331 F. Supp. 2d 311, United States...

Affirmation of Broad Discovery in Bad Faith Insurance Litigation: Saldí v. Paul Revere Life Insurance Co.

Date: Aug 14, 2004

Affirmation of Broad Discovery in Bad Faith Insurance Litigation: Saldí v. Paul Revere Life Insurance Co. Introduction Saldí v. Paul Revere Life Insurance Co. is a pivotal case decided by the United...

Justofin v. MetLife: Third Circuit Clarifies Burden of Proof in Life Insurance Policy Amendments

Date: Aug 13, 2004

Justofin v. MetLife: Third Circuit Clarifies Burden of Proof in Life Insurance Policy Amendments 1. Introduction In the pivotal case of Justofin v. Metropolitan Life Insurance Company, the United...

Fielder v. Varnner: Third Circuit Clarifies Federal Habeas Statute of Limitations

Date: Aug 10, 2004

Fielder v. Varnner: Third Circuit Clarifies Federal Habeas Statute of Limitations Introduction Anthony Fielder v. Benjamin Varnner, District Attorney of County of Philadelphia, et al. is a pivotal...

Stale Administrative Records and Their Effect on Asylum Claims: Insights from Berishaj v. Ashcroft

Date: Aug 6, 2004

Stale Administrative Records and Their Effect on Asylum Claims: Insights from Berishaj v. Ashcroft Introduction Berishaj v. Ashcroft, 378 F.3d 314 (3rd Cir. 2004), is a significant appellate decision...

Actual Innocence as a Gateway to Habeas Corpus Relief: Hubbard v. Pinchak

Date: Aug 6, 2004

Actual Innocence as a Gateway to Habeas Corpus Relief: Hubbard v. Pinchak Introduction Hubbard v. Pinchak, decided by the United States Court of Appeals for the Third Circuit on August 5, 2004,...

Clarifying 'Possession in Furtherance' under 18 U.S.C. §924(c): Analysis of United States v. Sparrow (371 F.3d 851)

Date: Aug 4, 2004

Clarifying 'Possession in Furtherance' under 18 U.S.C. §924(c): Analysis of United States v. Sparrow (371 F.3d 851) Introduction United States of America v. Gaylord Sparrow, 371 F.3d 851 (3d Cir....

Affirmation of Rational Basis Standard and Supplemental Jurisdiction Limits in Educational Extracurricular Claims – Da v. d ANGSTADT (2004)

Date: Jul 30, 2004

Affirmation of Rational Basis Standard and Supplemental Jurisdiction Limits in Educational Extracurricular Claims – Da v. d ANGSTADT (2004) Introduction Da v. d ANGSTADT and Barbara Angstadt, Parents...

Third Circuit Affirms Strict Criteria for Ex Parte Seizure under the Trademark Counterfeiting Act

Date: Jul 29, 2004

Third Circuit Affirms Strict Criteria for Ex Parte Seizure under the Trademark Counterfeiting Act Introduction In Lorillard Tobacco Company v. Bisan Food Corp., 377 F.3d 313 (3d Cir. 2004), the...

Credibility Determinations in Asylum Cases: Insights from He Chun Chen v. Ashcroft

Date: Jul 27, 2004

Credibility Determinations in Asylum Cases: Insights from He Chun Chen v. Ashcroft Introduction The case of He Chun Chen, a/k/a He Zhong Chen v. John Ashcroft, Attorney General of the United States...

Grandfather Clause Applicability in Wendell Ford Aviation Investment and Reform Act: Khodara Environmental v. Marion Blakey

Date: Jul 22, 2004

Grandfather Clause Applicability in Wendell Ford Aviation Investment and Reform Act: Khodara Environmental v. Marion Blakey Introduction Khodara Environmental, Inc., General Partner, on behalf of...

Federal Preemption of State Common Law Claims in PMA-Regulated Medical Devices: A Detailed Commentary on Horn v. Thoratec Corp.

Date: Jul 21, 2004

Federal Preemption of State Common Law Claims in PMA-Regulated Medical Devices: A Detailed Commentary on Horn v. Thoratec Corp. Introduction In Barbara E. Horn v. Thoratec Corporation, 376 F.3d 163...

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