3d Circuit Case Commentaries

Superseding Cause and Due Process in Bivens Actions: The Third Circuit's Decision in Egervary v. Young et al.

Date: May 1, 2004

Superseding Cause and Due Process in Bivens Actions: The Third Circuit's Decision in Egervary v. Young et al. Introduction The case of Oscar W. Egervary v. Virginia Young and others, adjudicated by...

Admissibility of Latent Fingerprint Evidence Under Daubert: United States v. Byron Mitchell

Date: Apr 30, 2004

Admissibility of Latent Fingerprint Evidence Under Daubert: United States v. Byron Mitchell Introduction United States v. Byron Mitchell, 365 F.3d 215 (3d Cir. 2004), is a pivotal case addressing the...

Refinement of Qualified Immunity and State-Created Danger Doctrine in Section 1983 Appeals: Rivas v. City of Passaic

Date: Apr 27, 2004

Refinement of Qualified Immunity and State-Created Danger Doctrine in Section 1983 Appeals: Rivas v. City of Passaic Introduction In the landmark case Milagros Rivas, Indi v. dually and as...

Affirming SSA's Five-Step Disability Evaluation Process: Insights from Jones v. Barnhart

Date: Apr 15, 2004

Affirming SSA's Five-Step Disability Evaluation Process: Insights from Jones v. Barnhart Introduction The case of Tie'Ease L. Jones v. Jo Anne B. Barnhart, Commissioner of Social Security (364 F.3d...

Fundamental Alteration Defense in ADA Deinstitutionalization Claims: Insights from Frederick L. v. Department of Public Welfare of Pennsylvania

Date: Apr 14, 2004

Fundamental Alteration Defense in ADA Deinstitutionalization Claims: Insights from Frederick L. v. Department of Public Welfare of Pennsylvania Introduction In the landmark case of Frederick L.; Nina...

Failure to Inform Employees of FMLA Rights Constitutes Interference: Analysis of Conoshenti v. Public Service Electric Gas Company

Date: Apr 14, 2004

Failure to Inform Employees of FMLA Rights Constitutes Interference: Analysis of Conoshenti v. Public Service Electric Gas Company Introduction In the case of Richard Conoshenti v. Public Service...

DuPont v. Stratton: Arbitrary and Capricious Review in ERISA Beneficiary Denials

Date: Apr 7, 2004

DuPont v. Stratton: Arbitrary and Capricious Review in ERISA Beneficiary Denials Introduction In the case of Melanie Stratton; Jeffrey Stratton, her husband Appellants v. E.I. DuPont de Nemours Co.,...

Third Circuit Reverses Dismissal of §1983 Complaint: Emphasizing Notice Pleading over Heightened Standards

Date: Apr 6, 2004

Third Circuit Reverses Dismissal of §1983 Complaint: Emphasizing Notice Pleading over Heightened Standards Introduction In Gary Marshall Alston v. William Parker; Jack Singer (N.J.(Newark) D.C. No....

Enforcement of Non-Termination Clauses in Employment Contracts and Limits on Corporate Officers' Liability: Insights from Gerald E. Fields v. Thompson Printing Co.

Date: Apr 1, 2004

Enforcement of Non-Termination Clauses in Employment Contracts and Limits on Corporate Officers' Liability: Insights from Gerald E. Fields v. Thompson Printing Co. Introduction Gerald E. Fields v....

Flight During Traffic Stop Establishes Reasonable Suspicion: Analysis of United States v. Bonner

Date: Mar 31, 2004

Flight During Traffic Stop Establishes Reasonable Suspicion: Analysis of United States v. Bonner Introduction In United States v. Jermane E. Bonner, the United States Court of Appeals for the Third...

Restricting Warrant Scope: Third Circuit Sets Clear Boundaries on Search Warrants and Qualified Immunity

Date: Mar 20, 2004

Restricting Warrant Scope: Third Circuit Sets Clear Boundaries on Search Warrants and Qualified Immunity Introduction In John Doe v. Joseph Groody et al. (361 F.3d 232, 2004), the United States Court...

Third Circuit Affirms Constitutionality of Primary Election Filing Fees

Date: Mar 20, 2004

Third Circuit Affirms Constitutionality of Primary Election Filing Fees Introduction The case of Steven Biener and Carol Greenway v. Frank Calio and the Democratic Party of the State of Delaware (361...

Reversing Qualified Immunity: Kopec v. Tate Establishes Clear Standards for Excessive Force Claims Under the Fourth Amendment

Date: Mar 18, 2004

Reversing Qualified Immunity: Kopec v. Tate Establishes Clear Standards for Excessive Force Claims Under the Fourth Amendment Introduction In the landmark case of Michael Kopec v. Tyrone Tate,...

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3d Circuit Case Commentaries

Superseding Cause and Due Process in Bivens Actions: The Third Circuit's Decision in Egervary v. Young et al.

Admissibility of Latent Fingerprint Evidence Under Daubert: United States v. Byron Mitchell

Refinement of Qualified Immunity and State-Created Danger Doctrine in Section 1983 Appeals: Rivas v. City of Passaic

Affirming SSA's Five-Step Disability Evaluation Process: Insights from Jones v. Barnhart

Fundamental Alteration Defense in ADA Deinstitutionalization Claims: Insights from Frederick L. v. Department of Public Welfare of Pennsylvania

Failure to Inform Employees of FMLA Rights Constitutes Interference: Analysis of Conoshenti v. Public Service Electric Gas Company

DuPont v. Stratton: Arbitrary and Capricious Review in ERISA Beneficiary Denials

Third Circuit Reverses Dismissal of §1983 Complaint: Emphasizing Notice Pleading over Heightened Standards

Enforcement of Non-Termination Clauses in Employment Contracts and Limits on Corporate Officers' Liability: Insights from Gerald E. Fields v. Thompson Printing Co.

Flight During Traffic Stop Establishes Reasonable Suspicion: Analysis of United States v. Bonner

Restricting Warrant Scope: Third Circuit Sets Clear Boundaries on Search Warrants and Qualified Immunity

Third Circuit Affirms Constitutionality of Primary Election Filing Fees

Reversing Qualified Immunity: Kopec v. Tate Establishes Clear Standards for Excessive Force Claims Under the Fourth Amendment

Affirmation of Arbitrator's Authority in Arbitration Clause Interpretation: MLU Association v. MLB

Reinforcing Pleading Standards for Fraud-Based Claims in RICO and Antitrust Actions

Enhanced Standards for Effective Assistance of Counsel: Overturning Dockins in Lewis v. Johnson

Stay of Mixed Habeas Corpus Petitions Under AEDPA: Insights from Crews v. Horn

Judicial Recusal and ERISA Preemption: Insights from Selkridge v. United of Omaha Life Insurance Company

Affirming Substantial Evidence Standard for Adverse Credibility Findings in Asylum Cases: Xin Jie Xie v. Ashcroft

Employment Contracts and Statutory Limitations: Mele v. Federal Reserve Bank of New York