3d Circuit Case Commentaries

Balancing Correctional Security and Prisoners' Constitutional Rights: Insights from Monroe v. Beard

Date: Jul 30, 2008

Balancing Correctional Security and Prisoners' Constitutional Rights: Insights from Monroe v. Beard Introduction Monroe v. Beard is a pivotal case adjudicated by the United States Court of Appeals...

Establishing Judicial Boundaries: Vacating Foreign Default Judgments under Federal Rule 60(b)

Date: Jul 29, 2008

Establishing Judicial Boundaries: Vacating Foreign Default Judgments under Federal Rule 60(b) Introduction The case of Budget Blinds, Inc. v. Valerie White presents a pivotal examination of the...

Enforceability of Waivers in Plea Agreements: Analysis of United States v. James Mabry

Date: Jul 29, 2008

Enforceability of Waivers in Plea Agreements: Analysis of United States v. James Mabry Introduction United States of America v. James Mabry, 536 F.3d 231 (3d Cir. 2008), presents a pivotal case...

Standard for Evaluating Ineffective Assistance of Counsel in Waiver of Jury Trial: United States v. Clayton Lilly

Date: Jul 29, 2008

Standard for Evaluating Ineffective Assistance of Counsel in Waiver of Jury Trial: United States v. Clayton Lilly Introduction United States v. Clayton Lilly, 536 F.3d 190 (3d Cir. 2008), presents a...

Admissibility of Prior Inconsistent Statements and Sentencing in Drug Conspiracy: United States v. Iglesias

Date: Jul 26, 2008

Admissibility of Prior Inconsistent Statements and Sentencing in Drug Conspiracy: United States v. Iglesias Introduction The case of United States of America v. Enrique Iglesias a/k/a Agent Henry...

Enhanced Standards for Reasonable Suspicion in Traffic Stops: United States v. Torres

Date: Jul 24, 2008

Enhanced Standards for Reasonable Suspicion in Traffic Stops: United States v. Torres Introduction The case of United States of America v. Johnny Torres, adjudicated by the United States Court of...

Scope-of-Employment as a Jurisdictional Threshold in FTCA Claims: CNA v. United States

Date: Jul 23, 2008

Scope-of-Employment as a Jurisdictional Threshold in FTCA Claims: CNA v. United States Introduction In the case of CNA; Continental Casualty Company v. United States, 535 F.3d 132 (3d Cir. 2008), the...

Unconstitutional Scope of COPA: Third Circuit Affirms Its Invalidity under First and Fifth Amendments

Date: Jul 23, 2008

Unconstitutional Scope of COPA: Third Circuit Affirms Its Invalidity under First and Fifth Amendments Introduction In the landmark decision of American Civil Liberties Union v. Michael B. Mukasey,...

Third Circuit Affirms Rental Exclusion Applicability in Homeowner's Insurance – Gardner v. State Farm

Date: Jul 23, 2008

Third Circuit Affirms Rental Exclusion Applicability in Homeowner's Insurance – Gardner v. State Farm Introduction In the case of Nicole Gardner v. State Farm Fire and Casualty Company, decided by...

Recognition of Issuers as Intended Third-Party Beneficiaries in Visa Member Agreements

Date: Jul 17, 2008

Recognition of Issuers as Intended Third-Party Beneficiaries in Visa Member Agreements Introduction The case of Sovereign Bank, Appellant No: 06-3392 v. BJ’s Wholesale Club, Inc.; Fifth Third...

Balancing Free Speech Rights at Public Events: Insights from Startzell v. City of Philadelphia

Date: Jul 16, 2008

Balancing Free Speech Rights at Public Events: Insights from Startzell v. City of Philadelphia Introduction The case of Susan Startzell, et al. v. City of Philadelphia (533 F.3d 183) presents a...

Enhancing Due Process Protections in Educational Settings: Analysis of Spence v. Brownsville Area School District

Date: Jul 16, 2008

Enhancing Due Process Protections in Educational Settings: Analysis of Spence v. Brownsville Area School District Introduction The case of Shanna L. Spence v. Brownsville Area School District,...

Third Circuit Upholds Diversity Jurisdiction Based on Initial Allegations of Amount in Controversy in HUBER v. TAYLOR

Date: Jul 12, 2008

Third Circuit Upholds Diversity Jurisdiction Based on Initial Allegations of Amount in Controversy in HUBER v. TAYLOR Introduction In the case of Ronald L. Huber et al. v. Robert G. Taylor, II et...

Affirming First Amendment Protection for Public Employees' Judicial Testimony: REILLY v. CITY OF ATLANTIC CITY

Date: Jul 2, 2008

Affirming First Amendment Protection for Public Employees' Judicial Testimony: REILLY v. CITY OF ATLANTIC CITY Introduction In REILLY v. CITY OF ATLANTIC CITY, the United States Court of Appeals for...

Res Judicata and PLRA Screening Provisions Affirmed in Banks v. County of Allegheny

Date: Jul 1, 2008

Res Judicata and PLRA Screening Provisions Affirmed in Banks v. County of Allegheny Introduction In the civil rights action Frederick H. Banks v. County of Allegheny, the plaintiff, Frederick H....

Reaffirming Statute of Limitations and Exhaustion of Administrative Remedies in Bivens Claims: Insights from Speight v. BOP Officials

Date: Jul 1, 2008

Reaffirming Statute of Limitations and Exhaustion of Administrative Remedies in Bivens Claims: Insights from Speight v. BOP Officials Introduction In Kenneth Eugene Speight v. H. Sims, A. Foura, J....

Affirmation of Immunity Doctrines in Mierzwa v. United States Court of Appeals, Third Circuit

Date: Jun 27, 2008

Affirmation of Immunity Doctrines in Mierzwa v. United States Court of Appeals, Third Circuit Introduction The case of Edward J. Mierzwa; Patricia A. Mierzwa, Appellants, v. UNITED STATES of America;...

Judicial Restraint in Healthcare Billing: Analysis of DiCarlo v. St. Mary Hospital

Date: Jun 25, 2008

Judicial Restraint in Healthcare Billing: Analysis of DiCarlo v. St. Mary Hospital Introduction In Justin DiCarlo v. St. Mary Hospital; Bon Secours New Jersey Health System, Inc.; Bon Secours Health...

Mandatory Adversary Proceedings for Lien Invalidation in Chapter 13 Bankruptcy Confirmed: In re Mansaray-Ruffin v. SLW Capital, LLC

Date: Jun 25, 2008

Mandatory Adversary Proceedings for Lien Invalidation in Chapter 13 Bankruptcy Confirmed: In re Mansaray-Ruffin v. SLW Capital, LLC Introduction The case of In re Janica Mansaray-Ruffin, Debtor. SLW...

United States v. Hoffecker: Affirmation on Statute of Limitations Extensions under 18 U.S.C. §3292 and the Use of Former Attorneys as Government Informants

Date: Jun 17, 2008

United States v. Hoffecker: Affirmation on Statute of Limitations Extensions under 18 U.S.C. §3292 and the Use of Former Attorneys as Government Informants Introduction In the case of United States...