3d Circuit Case Commentaries

Substantial Evidence and Vocational Expert Testimony in SSI Disability Cases: Insights from Boone v. Barnhart

Date: Dec 19, 2003

Substantial Evidence and Vocational Expert Testimony in SSI Disability Cases: Insights from Boone v. Barnhart Introduction Sarah M. Boone filed a claim for Supplemental Security Income (SSI)...

Limits on Parental Liberty Interests: Affirmation of Due Process Protections Concerning Independent Adult Children

Date: Dec 18, 2003

Limits on Parental Liberty Interests: Affirmation of Due Process Protections Concerning Independent Adult Children Introduction The case of Bobby McCURDY, Appellant, v. Kirk DODD, Badge No. 1762...

Refined Standards for Discovery Rule and Due Diligence in Chronic Beryllium Disease Claims

Date: Dec 9, 2003

Refined Standards for Discovery Rule and Due Diligence in Chronic Beryllium Disease Claims Introduction In the consolidated appeal of Michael Anthony Debiec and others versus Cabot Corporation and...

Brennan v. Township of Teaneck: Expanding Protections for Public Employees' Speech on Workplace Safety and Clarifying CEPA Requirements

Date: Dec 6, 2003

Brennan v. Township of Teaneck: Expanding Protections for Public Employees' Speech on Workplace Safety and Clarifying CEPA Requirements Introduction Brennan v. Township of Teaneck is a landmark case...

Establishing Precedent in Hostile Work Environment Sexual Harassment: Thomas v. Town of Hammonton

Date: Dec 5, 2003

Establishing Precedent in Hostile Work Environment Sexual Harassment: Thomas v. Town of Hammonton Introduction Theresa Thomas v. Town of Hammonton; Mayor and Council of the Town of Hammonton; Diane...

Third Circuit Upholds Prison Restrictions on Current-Former Inmate Correspondence under First Amendment

Date: Nov 26, 2003

Third Circuit Upholds Prison Restrictions on Current-Former Inmate Correspondence under First Amendment Introduction The case of Abdul Nasir Appellant v. Captain James Morgan et al. (350 F.3d 366)...

Affirming Vacatur of Consent Decrees Without Class Certification and Subject Matter Jurisdiction

Date: Nov 20, 2003

Affirming Vacatur of Consent Decrees Without Class Certification and Subject Matter Jurisdiction Introduction The case of Ernest and Eunice Brown et al. v. Philadelphia Housing Authority (350 F.3d...

Federal Rule of Evidence 702 Application in Maritime Product Liability: CALHOUN v. YAMAHA MOTOR CORPORATION

Date: Nov 19, 2003

Federal Rule of Evidence 702 Application in Maritime Product Liability: CALHOUN v. YAMAHA MOTOR CORPORATION Introduction CALHOUN v. YAMAHA MOTOR CORPORATION, 350 F.3d 316 (3d Cir. 2003), is a pivotal...

Mulanga v. Ashcroft: Reinforcing Corroboration Standards in Asylum Proceedings

Date: Nov 15, 2003

Mulanga v. Ashcroft: Reinforcing Corroboration Standards in Asylum Proceedings Introduction Beatrice Mulanga, a citizen of the Democratic Republic of the Congo (DRC), sought asylum in the United...

Affirmation of Convictions: Standards for Photographic Identification and Affirmative Defense of Antique Firearms in UNITED STATES v. Dion LAWRENCE

Date: Nov 14, 2003

Affirmation of Convictions: Standards for Photographic Identification and Affirmative Defense of Antique Firearms in UNITED STATES v. Dion LAWRENCE Introduction In UNITED STATES of America v. Dion...

Disqualification of Counsel and Evidentiary Standards in RICO Proceedings: Analysis of United States v. Joseph Merlino et al.

Date: Nov 13, 2003

Disqualification of Counsel and Evidentiary Standards in RICO Proceedings: Analysis of United States v. Joseph Merlino et al. Introduction The case of United States v. Joseph Merlino and...

Reaffirming Harmless Error Analysis for No-Adverse-Inference Jury Instructions in Lewis v. Pinchak

Date: Nov 5, 2003

Reaffirming Harmless Error Analysis for No-Adverse-Inference Jury Instructions in Lewis v. Pinchak Introduction Lester Lewis v. Steven Pinchak; Attorney General of the State of New Jersey, 348 F.3d...

Admissibility of Subsequent Good Acts Evidence Under Rule 404(b) in ADEA Employment Discrimination Cases

Date: Oct 29, 2003

Admissibility of Subsequent Good Acts Evidence Under Rule 404(b) in ADEA Employment Discrimination Cases Introduction The case of Harry B. Ansell v. Green Acres Contracting Co., Inc. (347 F.3d 515)...

Title VII Employee Threshold: Fifteen-Employee Requirement as a Merits Matter

Date: Oct 22, 2003

Title VII Employee Threshold: Fifteen-Employee Requirement as a Merits Matter Introduction The case of Norma J. Nesbit v. Gears Unlimited, Inc., decided by the United States Court of Appeals for the...

Admissibility of Good Character Evidence Affirmed in Renda v. King: Implications for §1983 Litigation

Date: Oct 17, 2003

Admissibility of Good Character Evidence Affirmed in Renda v. King: Implications for §1983 Litigation Introduction Valerie Renda v. Paul King; Da, 347 F.3d 550 (3d Cir. 2003), is a pivotal case in...

Establishing Onset and Severity in Widow's Disability Claims: Newell v. Commissioner of Social Security

Date: Oct 15, 2003

Establishing Onset and Severity in Widow's Disability Claims: Newell v. Commissioner of Social Security Introduction The case of Janice Newell v. Commissioner of Social Security, adjudicated by the...

Assumption of Contracts Under Section 365 Bars Preference Recovery: In re Kiwi International Air Lines, Inc.

Date: Sep 26, 2003

Assumption of Contracts Under Section 365 Bars Preference Recovery: In re Kiwi International Air Lines, Inc. Introduction The case of In re: Kiwi International Air Lines, Inc. (344 F.3d 311, 2003)...

USX Corporation v. Adriatic Insurance Company: Establishing Organ Status under the Foreign Sovereign Immunities Act

Date: Sep 26, 2003

USX Corporation v. Adriatic Insurance Company: Establishing Organ Status under the Foreign Sovereign Immunities Act Introduction In the landmark case of USX Corporation v. Adriatic Insurance Company,...

Third Circuit Affirms ERISA Disability Benefits for Orthopedic Surgeon: Clarifying 'Regular Occupation' and Material Duties

Date: Sep 19, 2003

Third Circuit Affirms ERISA Disability Benefits for Orthopedic Surgeon: Clarifying 'Regular Occupation' and Material Duties Introduction Stephen P. LASSER v. RELIANCE STANDARD LIFE INSURANCE COMPANY,...

Waiver of Eleventh Amendment Immunity under the Individuals with Disabilities Education Act: Insights from M.A. et al. v. State-Operated School District of Newark

Date: Sep 17, 2003

Waiver of Eleventh Amendment Immunity under the Individuals with Disabilities Education Act: Insights from M.A. et al. v. State-Operated School District of Newark Introduction The case of M.A., on...

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