3d Circuit Case Commentaries

Defining 'Similarly Situated' in NJLAD Age Discrimination Litigation: Monaco v. American General Assurance Co.

Date: Feb 24, 2004

Defining 'Similarly Situated' in NJLAD Age Discrimination Litigation: Monaco v. American General Assurance Co. 1. Introduction Monaco v. American General Assurance Co. is a pivotal case adjudicated...

Establishing 'Special Employee' Status: Third Circuit Sets Strict Criteria in Composite Crew Context

Date: Feb 20, 2004

Establishing 'Special Employee' Status: Third Circuit Sets Strict Criteria in Composite Crew Context Introduction The case of Lawrence Marino and Laura Marino v. Industrial Crating Co. et al....

Third Circuit Upholds Nationwide Service of Process and National Contacts for Personal Jurisdiction in Antitrust Cases

Date: Feb 14, 2004

Third Circuit Upholds Nationwide Service of Process and National Contacts for Personal Jurisdiction in Antitrust Cases Introduction The case of In re: Automotive Refinishing Paint Antitrust...

Exemption from Exhaustion Requirement in Federal Habeas Corpus Due to Inordinate Delay: Lee v. Stickman

Date: Feb 12, 2004

Exemption from Exhaustion Requirement in Federal Habeas Corpus Due to Inordinate Delay: Lee v. Stickman Introduction Case: Kenneth Lee v. William Stickman, Stephen Zappala, Jr., Michael Fisher Court:...

Statutory Tolling Under AEDPA: Insights from Douglas v. Horn

Date: Feb 10, 2004

Statutory Tolling Under AEDPA: Insights from Douglas v. Horn Introduction Douglas v. Horn, 359 F.3d 257 (3d Cir. 2004), is a pivotal case addressing the application of statutory tolling under the...

Digital Island Securities Litigation: Reinforcing the 'Strong Inference of Scienter' Standard under the Private Securities Litigation Reform Act

Date: Feb 7, 2004

Digital Island Securities Litigation: Reinforcing the 'Strong Inference of Scienter' Standard under the Private Securities Litigation Reform Act Introduction The case of In re: Digital Island...

Legal Certainty in Determining Amount in Controversy for Diversity Jurisdiction: Analysis of Samuel-Bassett v. Kia Motors America, Inc.

Date: Feb 6, 2004

Legal Certainty in Determining Amount in Controversy for Diversity Jurisdiction: Analysis of Samuel-Bassett v. Kia Motors America, Inc. Introduction In Samuel-Bassett v. Kia Motors America, Inc., 357...

Affirmation of Termination of a Policymaking Public Employee for Political Campaign Conduct Under the Pickering Balancing Test

Date: Feb 5, 2004

Affirmation of Termination of a Policymaking Public Employee for Political Campaign Conduct Under the Pickering Balancing Test Introduction The case of Domenic J. Curinga v. City of Clairton examines...

Third Circuit Affirms ADEA Age Discrimination Verdict: Municipal Liability in Potence v. Hazleton Area School District

Date: Feb 3, 2004

Third Circuit Affirms ADEA Age Discrimination Verdict: Municipal Liability in Potence v. Hazleton Area School District Introduction In the landmark case of Michael D. Potence v. Hazleton Area School...

Third Circuit Clarifies Tortious Interference with Contractual Relations and Agency Authority in Pennsylvania Law: CGB Occupational Therapy Inc. v. RHA Health Services

Date: Jan 29, 2004

Third Circuit Clarifies Tortious Interference with Contractual Relations and Agency Authority in Pennsylvania Law: CGB Occupational Therapy Inc. v. RHA Health Services Introduction The case of CGB...

Enhancing Evidentiary Standards for Fed.R.Crim.P. 41(g) Motions: Insights from United States v. Albinson

Date: Jan 28, 2004

Enhancing Evidentiary Standards for Fed.R.Crim.P. 41(g) Motions: Insights from United States v. Albinson Introduction In the appellate case of United States of America v. Stanley A. Albinson, the...

Holloway v. Horn: Reinforcing Batson Principles in Jury Selection

Date: Jan 23, 2004

Holloway v. Horn: Reinforcing Batson Principles in Jury Selection Introduction In the landmark case of Holloway v. Martin Horn et al. (355 F.3d 707, 2004), the United States Court of Appeals for the...

Third Circuit Affirms District Court's Decision on Wrongful Termination and ECPA Claims in Fraser v. Nationwide

Date: Jan 21, 2004

Third Circuit Affirms District Court's Decision on Wrongful Termination and ECPA Claims in Fraser v. Nationwide Introduction Richard Fraser, operating under the business name R.A. Fraser Agency,...

Rompilla v. Horn: Third Circuit Upholds Strickland and Simmons Standards, Affirming Death Sentence

Date: Jan 14, 2004

Rompilla v. Horn: Third Circuit Upholds Strickland and Simmons Standards, Affirming Death Sentence Introduction Ronald Rompilla, a death row inmate in Pennsylvania, appealed his death sentence to the...

Clarifying Overbreadth and Vagueness in Police Department Directives: Gibson v. Mayor and Council of Wilmington

Date: Jan 9, 2004

Clarifying Overbreadth and Vagueness in Police Department Directives: Gibson v. Mayor and Council of Wilmington Introduction The case of Christopher Gibson v. Mayor and Council of the City of...

Strict Application of Federal Rule of Civil Procedure 15(c) in Denying Amendment to Add Defendants Named as John Doe

Date: Jan 1, 2004

Strict Application of Federal Rule of Civil Procedure 15(c) in Denying Amendment to Add Defendants Named as John Doe Introduction In the landmark case of Tysheia Garvin v. City of Philadelphia;...

Dia v. Ashcroft: Third Circuit Reinforces Substantial Evidence Standard in Asylum Credibility Determinations While Upholding Streamlining Regulations

Date: Dec 23, 2003

Dia v. Ashcroft: Third Circuit Reinforces Substantial Evidence Standard in Asylum Credibility Determinations While Upholding Streamlining Regulations Introduction In the landmark case Saidou DIA,...

Exclusive Remedy under CSRA: Bivens Claims Barred in Federal Employment Context – Sarullo v. USPS

Date: Dec 20, 2003

Exclusive Remedy under CSRA: Bivens Claims Barred in Federal Employment Context – Sarullo v. USPS Introduction Patrick Sarullo, a former employee of the United States Postal Service (USPS), was...

Mandamus Review and Judicial Impartiality: Comprehensive Analysis of In re KENSINGTON INTERNATIONAL LIMITED and SPRINGFIELD ASSOCIATES, LLC

Date: Dec 19, 2003

Mandamus Review and Judicial Impartiality: Comprehensive Analysis of In re KENSINGTON INTERNATIONAL LIMITED and SPRINGFIELD ASSOCIATES, LLC Introduction The case titled In re: KENSINGTON...

Enhanced Juror Bias Inquiries in Civil Rights Cases Involving Law Enforcement: Butler v. City of Camden

Date: Dec 19, 2003

Enhanced Juror Bias Inquiries in Civil Rights Cases Involving Law Enforcement: Butler v. City of Camden Introduction Butler v. City of Camden, 352 F.3d 811 (3d Cir. 2003), is a pivotal case in the...

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