3d Circuit Case Commentaries

Expanding the Gatekeeper Role: Third Circuit's Decision in Pineda v. Ford Motor Co.

Date: Mar 25, 2008

Expanding the Gatekeeper Role: Third Circuit's Decision in Pineda v. Ford Motor Co. Introduction In the landmark case Jose Pineda v. Ford Motor Company, 520 F.3d 237 (3d Cir. 2008), the United States...

Carrascosa v. McGuire: Affirmation of Jurisdictional Strictness in International Child Custody Cases

Date: Mar 21, 2008

Carrascosa v. McGuire: Affirmation of Jurisdictional Strictness in International Child Custody Cases Introduction Carrascosa v. McGuire, 520 F.3d 249 (3d Cir. 2008), is a seminal case addressing the...

National Security Standards in Withholding of Removal: Insights from Bekhzod Bakhtiyaro v. Yusupov

Date: Mar 15, 2008

National Security Standards in Withholding of Removal: Insights from Bekhzod Bakhtiyaro v. Yusupov Introduction The case of Bekhzod Bakhtiyaro v. Yusupov represents a significant development in the...

Procedural Default and Ake Claims in Habeas Corpus: Holland v. Horn

Date: Mar 7, 2008

Procedural Default and Ake Claims in Habeas Corpus: Holland v. Horn Introduction Holland v. Horn is a pivotal case decided by the United States Court of Appeals for the Third Circuit on March 6,...

Proper Weighting of Treating vs Non-Treating Medical Opinions in Social Security Disability Claims: Gonzalez v. Astrue

Date: Feb 29, 2008

Proper Weighting of Treating vs Non-Treating Medical Opinions in Social Security Disability Claims: Gonzalez v. Astrue Introduction The case of Myrna L. Gonzalez v. Michael J. Astrue, Commissioner of...

Affirmation of Summary Judgment in Pressley v. Beard: Reinforcing Standards for Civil Rights Claims in Correctional Facilities

Date: Feb 27, 2008

Affirmation of Summary Judgment in Pressley v. Beard: Reinforcing Standards for Civil Rights Claims in Correctional Facilities Introduction Sean Pressley, a state prisoner incarcerated at the State...

Deliberate Indifference in Prison Medical Care: Young v. Kazmerski & Moczulski

Date: Feb 26, 2008

Deliberate Indifference in Prison Medical Care: Young v. Kazmerski & Moczulski Introduction Young v. Kazmerski & Moczulski (266 F. App'x 191) is a significant appellate decision from the United...

Discontinuance of Juvenile Adjudication Not a Sentence: Comprehensive Analysis of UNITED STATES v. Shawn Langford

Date: Feb 23, 2008

Discontinuance of Juvenile Adjudication Not a Sentence: Comprehensive Analysis of UNITED STATES v. Shawn Langford Introduction The case of UNITED STATES of America v. Shawn Langford, 516 F.3d 205 (3d...

Discretionary Function Exception Upholds Government Immunity in Merando v. United States

Date: Feb 21, 2008

Discretionary Function Exception Upholds Government Immunity in Merando v. United States Introduction In the case of Anton Merando v. United States of America, the United States Court of Appeals for...

Affirmation of Delaware Supreme Court Rule 8 as Independent and Adequate Procedural Preclusion in Federal Habeas Review - Campbell v. Borris

Date: Feb 15, 2008

Affirmation of Delaware Supreme Court Rule 8 as Independent and Adequate Procedural Preclusion in Federal Habeas Review: Campbell v. Borris Introduction In the landmark case of Jamar L. Campbell v....

United States of America v. Jaycee Wise and Edwin Michael Brown: Revisiting Crack vs. Powder Cocaine Sentencing Guidelines

Date: Feb 13, 2008

United States of America v. Jaycee Wise and Edwin Michael Brown: Revisiting Crack vs. Powder Cocaine Sentencing Guidelines Introduction In the landmark case of United States of America v. Jaycee Wise...

Phillips v. County of Allegheny: Reinforcing Pleading Standards for State-Created Danger and Class-of-One Equal Protection Claims

Date: Feb 6, 2008

Phillips v. County of Allegheny: Reinforcing Pleading Standards for State-Created Danger and Class-of-One Equal Protection Claims Introduction In the landmark case of Jeanne Phillips, Administratrix...

Reaffirmation of Rooker-Feldman Doctrine and Procedural Mandates in Gary v. Braddock Cemetery

Date: Feb 6, 2008

Reaffirmation of Rooker-Feldman Doctrine and Procedural Mandates in Gary v. Braddock Cemetery Introduction In the case of Karl E. Gary et al. v. Braddock Cemetery, Consol Energy Inc., and CNX Coal...

ERISA Attorney's Fees and Pre-litigation Administrative Proceedings: Establishing Precedent in Hahnemann University Hospital v. All Shore, Inc.

Date: Jan 30, 2008

ERISA Attorney's Fees and Pre-litigation Administrative Proceedings: Establishing Precedent in Hahnemann University Hospital v. All Shore, Inc. Introduction The case of Hahnemann University Hospital...

FAHY v. HORN: Invalidating Inadequate Waivers and Clarifying AEDPA's Deference Standards

Date: Jan 25, 2008

FAHY v. HORN: Invalidating Inadequate Waivers and Clarifying AEDPA's Deference Standards Introduction Henry Fahy engages in a protracted legal battle following his conviction for the rape and murder...

Pennsylvania's Megan’s Law II: Equal Protection for In-State and Out-of-State Sex Offenders

Date: Jan 24, 2008

Pennsylvania's Megan’s Law II: Equal Protection for In-State and Out-of-State Sex Offenders Introduction In the landmark case John Doe a/k/a D.T.C. v. The Pennsylvania Board of Probation and Parole,...

Millington v. Temple University: Defining Burdens of Proof and Reasonable Accommodations under ADA and RHA

Date: Jan 24, 2008

Millington v. Temple University: Defining Burdens of Proof and Reasonable Accommodations under ADA and RHA Introduction Millington v. Temple University School of Dentistry is a pivotal case...

Single-Bank Check Kiting Affirmed as Bank Fraud Under 18 U.S.C. § 1344

Date: Jan 15, 2008

Single-Bank Check Kiting Affirmed as Bank Fraud Under 18 U.S.C. § 1344 Introduction The case of United States of America v. Fernando Jimenez et al. involves a complex web of fraudulent activities...

Affirmation of HECK v. HUMPHREY in Prosecutorial Immunity and §1983 Claims

Date: Jan 12, 2008

Affirmation of HECK v. HUMPHREY in Prosecutorial Immunity and §1983 Claims Introduction The case of Peter J. FUCHS v. MERCER COUNTY et al., decided by the United States Court of Appeals for the Third...

Enforcing Material Breach Under Delaware Law: Insights from Norfolk Southern Railway Co. v. Basell USA Inc.

Date: Jan 10, 2008

Enforcing Material Breach Under Delaware Law: Insights from Norfolk Southern Railway Co. v. Basell USA Inc. Introduction The case of Norfolk Southern Railway Company v. Basell USA Inc., 512 F.3d 86...