3d Circuit Case Commentaries

Binder v. Price Waterhouse: Limiting "Related To" Jurisdiction in Post-Confirmation Bankruptcy Proceedings

Date: Jun 23, 2004

Binder v. Price Waterhouse: Limiting "Related To" Jurisdiction in Post-Confirmation Bankruptcy Proceedings Introduction The case of In re: Resorts International, Inc., Resorts International...

Procedural Default under PLRA: Insights from Spruill v. Gillis et al.

Date: Jun 19, 2004

Procedural Default under PLRA: Insights from Spruill v. Gillis et al. Introduction The case of Robert Spruill, Appellant v. Frank Gillis; Goolier, C.O.; McGlaughlin, M.D.; Brown, P.A. (372 F.3d 218)...

Enforcement of Arbitration Agreements for Exempt Transportation Workers Under State Law: Third Circuit Decision in Margaret Palcko v. Airborne Express

Date: Jun 19, 2004

Enforcement of Arbitration Agreements for Exempt Transportation Workers Under State Law: Third Circuit Decision in Margaret Palcko v. Airborne Express Introduction The case of Margaret Palcko v....

Comprehensive Analysis of Ramirez v. Barnhart: Ensuring Comprehensive Hypotheticals in SSI Disability Evaluations

Date: Jun 19, 2004

Comprehensive Analysis of Ramirez v. Barnhart: Ensuring Comprehensive Hypotheticals in SSI Disability Evaluations Introduction Ramirez v. Barnhart is a pivotal case adjudicated by the United States...

State Action and Involuntary Commitment: Insights from Donald Benn v. Universal Health System

Date: Jun 18, 2004

State Action and Involuntary Commitment: Insights from Donald Benn v. Universal Health System Introduction The case of Donald Benn v. Universal Health System, Inc. explores the complex interplay...

Prejudgment Interest on ERISA Benefits: Third Circuit Sets New Precedent

Date: Jun 17, 2004

Prejudgment Interest on ERISA Benefits: Third Circuit Sets New Precedent Introduction In the landmark case of Orrin T. Skretvedt v. E.I. DuPont de Nemours, decided by the United States Court of...

Affirming Higher Pleading Standards for Securities Fraud under Rule 10b-5 and PSLRA

Date: Jun 16, 2004

Affirming Higher Pleading Standards for Securities Fraud under Rule 10b-5 Introduction The case of In re: ALPHARMA INC. SECURITIES LITIGATION, decided by the United States Court of Appeals for the...

Deliberate Indifference in Juvenile Detention: A.M. v. Luzerne County Juvenile Detention Center

Date: Jun 11, 2004

Deliberate Indifference in Juvenile Detention: A.M. v. Luzerne County Juvenile Detention Center Introduction The case of A.M., by and through his next friend and mother, J.M.K., Appellant v. Luzerne...

Administrative Closings and Rule 60(b): Establishing the Boundaries of Finality in Civil Litigation

Date: Jun 10, 2004

Administrative Closings and Rule 60(b): Establishing the Boundaries of Finality in Civil Litigation Introduction The legal landscape surrounding the finality of court orders and the mechanisms for...

Third Circuit Establishes Retention of Secured Property via Current Loan Payments Under Bankruptcy Code Section 521(2)(A)

Date: Jun 4, 2004

Third Circuit Establishes Retention of Secured Property via Current Loan Payments Under Bankruptcy Code Section 521(2)(A) Introduction In the landmark case of In re: Michael B. Price; Christine R....

Clarifying the 'Severe Impairment' Standard: Insights from Shirley McCrea v. Commissioner of Social Security

Date: May 28, 2004

Clarifying the 'Severe Impairment' Standard: Insights from Shirley McCrea v. Commissioner of Social Security Introduction Shirley McCrea v. Commissioner of Social Security, 370 F.3d 357 (3d Cir....

Third Circuit Sets Precedent on Injunction Limits in Multi-District Class Settlements

Date: May 26, 2004

Third Circuit Sets Precedent on Injunction Limits in Multi-District Class Settlements Introduction The United States Court of Appeals for the Third Circuit delivered a pivotal judgment in In re: Diet...

KOS Pharmaceuticals v. Andrx Corporation: Expanding the Scope of Likelihood of Confusion in Pharmaceutical Trademarks

Date: May 25, 2004

KOS Pharmaceuticals v. Andrx Corporation: Expanding the Scope of Likelihood of Confusion in Pharmaceutical Trademarks 1. Introduction The case of KOS Pharmaceuticals, Inc. v. ANDRX Corporation; Andrx...

De Novo Review Standard for BIA Decisions Under FARRA: Analysis of Nen Ying WANG v. Ashcroft

Date: May 20, 2004

De Novo Review Standard for BIA Decisions Under FARRA: Analysis of Nen Ying WANG v. Ashcroft Introduction The case of Nen Ying WANG v. Ashcroft represents a significant examination of the procedural...

Establishing Judicial Impartiality: The Third Circuit's Landmark Decision on Judge Disqualification in Asbestos-Related Bankruptcies

Date: May 18, 2004

Establishing Judicial Impartiality: The Third Circuit's Landmark Decision on Judge Disqualification in Asbestos-Related Bankruptcies Introduction In the landmark case of In re: KENSINGTON...

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3d Circuit Case Commentaries

Binder v. Price Waterhouse: Limiting "Related To" Jurisdiction in Post-Confirmation Bankruptcy Proceedings

Procedural Default under PLRA: Insights from Spruill v. Gillis et al.

Enforcement of Arbitration Agreements for Exempt Transportation Workers Under State Law: Third Circuit Decision in Margaret Palcko v. Airborne Express

Comprehensive Analysis of Ramirez v. Barnhart: Ensuring Comprehensive Hypotheticals in SSI Disability Evaluations

State Action and Involuntary Commitment: Insights from Donald Benn v. Universal Health System

Prejudgment Interest on ERISA Benefits: Third Circuit Sets New Precedent

Affirming Higher Pleading Standards for Securities Fraud under Rule 10b-5 and PSLRA

Deliberate Indifference in Juvenile Detention: A.M. v. Luzerne County Juvenile Detention Center

Administrative Closings and Rule 60(b): Establishing the Boundaries of Finality in Civil Litigation

Third Circuit Establishes Retention of Secured Property via Current Loan Payments Under Bankruptcy Code Section 521(2)(A)

Clarifying the 'Severe Impairment' Standard: Insights from Shirley McCrea v. Commissioner of Social Security

Third Circuit Sets Precedent on Injunction Limits in Multi-District Class Settlements

KOS Pharmaceuticals v. Andrx Corporation: Expanding the Scope of Likelihood of Confusion in Pharmaceutical Trademarks

De Novo Review Standard for BIA Decisions Under FARRA: Analysis of Nen Ying WANG v. Ashcroft

Establishing Judicial Impartiality: The Third Circuit's Landmark Decision on Judge Disqualification in Asbestos-Related Bankruptcies

Strengthening Scienter Requirements in Securities Fraud Litigation

Enforceability of Arbitration Agreements Subject to Unconscionability Analysis in Employment Contracts

Mandatory Stay Under FAA § 3: Third Circuit Reinforces Arbitration Proceedings

Remand for Batson Hearing in Hardcastle v. Horn: Third Circuit Clarifies Evidentiary Requirements Post-Batson

Sabree v. Richman: Affirming Individual Rights to Enforce Medicaid Assistance under 42 U.S.C. § 1983