3d Circuit Case Commentaries

Protected Property Interest in Employment Suspension: Dee v. Borough of Dunmore

Date: Dec 5, 2008

Protected Property Interest in Employment Suspension: Dee v. Borough of Dunmore Introduction The case of Robert K. Dee, Jr. v. Borough of Dunmore centers on the suspension of Robert Dee, Jr., a...

Comprehensive Analysis of Zheng and Chen v. Attorney General of the United States: Enhanced Scrutiny on BIA's Evaluation of Changed Country Conditions in Asylum Reopen Motions

Date: Nov 27, 2008

Comprehensive Analysis of Zheng and Chen v. Attorney General of the United States: Enhanced Scrutiny on BIA's Evaluation of Changed Country Conditions in Asylum Reopen Motions Introduction In the...

Third Circuit Clarifies Issue Preclusion in Wrongful Discharge Claims: Gonzalez v. American Airlines

Date: Nov 26, 2008

Third Circuit Clarifies Issue Preclusion in Wrongful Discharge Claims: Gonzalez v. American Airlines Introduction The case of Joel Gonzalez v. AMR, American Airlines; Executive Airlines, Inc. (549...

Affirmation of Summary Judgment in Title VII Discrimination Case: McDonnell Douglas Framework Reinforced

Date: Nov 15, 2008

Affirmation of Summary Judgment in Title VII Discrimination Case: McDonnell Douglas Framework Reinforced Introduction The case of Krishnaswamy Sampath v. Concurrent Technologies Corporation serves as...

Equitable Tolling in Federal Habeas Corpus Petitions: The Urcinoli Decision

Date: Nov 8, 2008

Equitable Tolling in Federal Habeas Corpus Petitions: The Urcinoli Decision Introduction The case of Louis P. Urcinoli v. Ronald H. Cathel, Superintendent; Attorney General of the State of New...

Tolerances for Accuracy as a General Defense under the Truth in Lending Act: Insights from In re Gayle L. Sterten

Date: Nov 5, 2008

Tolerances for Accuracy as a General Defense under the Truth in Lending Act: Insights from In re Gayle L. Sterten Introduction The case In re Gayle L. Sterten, Debtor, adjudicated by the United...

Enforcement and Scope of Appellate Waivers in Plea Agreements: United States v. Goodson, III

Date: Oct 17, 2008

Enforcement and Scope of Appellate Waivers in Plea Agreements: United States v. Goodson, III Introduction United States v. Daniel J. Goodson, III (544 F.3d 529, 2008) is a pivotal decision by the...

Affirmation of SEC's Exemptions Under Section 16(b): Insights from Levy v. Sterling Holdings

Date: Oct 2, 2008

Affirmation of SEC's Exemptions Under Section 16(b): Insights from Levy v. Sterling Holdings Introduction The case of Levy v. Sterling Holding Company, LLC; National Semiconductor Corporation;...

Miller v. Clinton County: Enhanced Standards for Public Employee Speech and Due Process

Date: Oct 2, 2008

Miller v. Clinton County: Enhanced Standards for Public Employee Speech and Due Process Introduction In the case of Rita Miller v. Clinton County, the United States Court of Appeals for the Third...

Third Circuit Establishes Strict Standards for Mandatory Minimum Disclosure in Guilty Pleas

Date: Oct 1, 2008

Third Circuit Establishes Strict Standards for Mandatory Minimum Disclosure in Guilty Pleas Introduction In Philmingo Jamison v. Edward Klem, the United States Court of Appeals for the Third Circuit...

Strengthening the Burden of Proof in Social Security Disability Claims: Insights from McDonald v. Astrue

Date: Sep 27, 2008

Strengthening the Burden of Proof in Social Security Disability Claims: Insights from McDonald v. Astrue Introduction In the appellate case Marcus McDonald v. Michael J. Astrue, Commissioner of...

Establishing Due Process Protections for Inmate Institutional Accounts: A Commentary on Burns v. PA Dept. of Corrections

Date: Sep 20, 2008

Establishing Due Process Protections for Inmate Institutional Accounts: A Commentary on Burns v. PA Dept. of Corrections Introduction Burns v. PA Department of Corrections is a landmark decision...

Exide Technologies Bankruptcy Jurisdiction Reimagined: A Comprehensive Analysis

Date: Sep 20, 2008

Exide Technologies Bankruptcy Jurisdiction Reimagined: A Comprehensive Analysis Introduction In re EXIDE TECHNOLOGIES, Reorganized, Debtor Pacific Dunlop Holdings (USA) Inc.; Pacific Dunlop Holdings...

Enforcing Adequate Justification in Sentencing Guideline Variances: Insights from United States v. Levinson

Date: Sep 19, 2008

Enforcing Adequate Justification in Sentencing Guideline Variances: Insights from United States v. Levinson Introduction United States of America v. Adam Levinson, 543 F.3d 190 (3rd Cir. 2008), is a...

Decertification of Class Action in Robinson-Patman Act Violation: Danvers Motor Co. v. Ford Motor Company

Date: Sep 13, 2008

Decertification of Class Action in Robinson-Patman Act Violation: Danvers Motor Co. v. Ford Motor Company Introduction The case of Danvers Motor Co., Inc. et al. v. Ford Motor Company addresses...

Administrative Exhaustion and Court Jurisdiction in Immigration Appeals: Lessons from Bin Lin v. Attorney General

Date: Sep 12, 2008

Administrative Exhaustion and Court Jurisdiction in Immigration Appeals: Lessons from Bin Lin v. Attorney General Introduction Bin Lin v. Attorney General of the United States, 543 F.3d 114 (3d Cir....

Third Circuit Affirms DPPA Protections Against Unions Using Motor Vehicle Data for Labor Organizing, Reaffirms Jury Rights for Punitive Damages

Date: Sep 10, 2008

Third Circuit Affirms DPPA Protections Against Unions Using Motor Vehicle Data for Labor Organizing, Reaffirms Jury Rights for Punitive Damages Introduction The case of Elizabeth Pichler et al. v....

FICA Tax Preemption of State Law Claims: Umland v. PlanCo Financial Services

Date: Sep 10, 2008

FICA Tax Preemption of State Law Claims: Umland v. PlanCo Financial Services Introduction Umland v. PlanCo Financial Services, Inc., 542 F.3d 59 (3d Cir. 2008), is a pivotal case in understanding the...

Defining Reasonable Suspicion in Immigration Enforcement: Comprehensive Analysis of US v. Silveus

Date: Sep 10, 2008

Defining Reasonable Suspicion in Immigration Enforcement: Comprehensive Analysis of United States v. Silveus Introduction United States v. Rozaline Silveus is a pivotal case adjudicated by the United...

Auditor Negligence and Deepening Insolvency: Comprehensive Analysis of Thabault v. PriceWaterhouseCoopers

Date: Sep 10, 2008

Auditor Negligence and Deepening Insolvency: Comprehensive Analysis of Thabault v. PriceWaterhouseCoopers Introduction The case of Paulette J. Thabault, as Receiver of Ambassador Insurance Company v....