3d Circuit Case Commentaries

Third Circuit Reverses Application of New Jersey Fireman's Rule under § 2A:62A-21 in Roma v. United States

Date: Sep 17, 2003

Third Circuit Reverses Application of New Jersey Fireman's Rule under § 2A:62A-21 in Roma v. United States Introduction Roma v. United States is a pivotal case decided by the United States Court of...

Affirmation of Work Product Protection for Non-Attorney Trial Consultants in Securities Litigation

Date: Sep 17, 2003

Affirmation of Work Product Protection for Non-Attorney Trial Consultants in Securities Litigation Introduction The case of In re: Cendant Corporation Securities Litigation Ernst Young LLP,...

Worldcom v. Graphnet: Reassessing Filing Requirements and Recovery Under the Federal Communications Act

Date: Sep 13, 2003

Worldcom v. Graphnet: Reassessing Filing Requirements and Recovery Under the Federal Communications Act Introduction Worldcom, Inc. appealed a dismissal order from the United States District Court...

Mandatory Ballot Filing Fees Without Waivers Found Unconstitutional under Equal Protection: Third Circuit Sets New Precedent

Date: Sep 12, 2003

Mandatory Ballot Filing Fees Without Waivers Found Unconstitutional under Equal Protection: Third Circuit Sets New Precedent Introduction The case of Belitskus et al. v. Pizzingrilli et al.,...

Third Circuit Affirms Summary Judgment in Williams v. Morton: Balancing Religious Rights and Prison Administration

Date: Sep 10, 2003

Third Circuit Affirms Summary Judgment in Williams v. Morton: Balancing Religious Rights and Prison Administration Introduction The case of James Williams and Ishmon Stallworth v. Willis E. Morton et...

Limits on Supplemental Jurisdiction in Class Actions Under Federal and State Wage Laws: De Asencio v. Tyson Foods, Inc.

Date: Sep 9, 2003

Limits on Supplemental Jurisdiction in Class Actions Under Federal and State Wage Laws: De Asencio v. Tyson Foods, Inc. Introduction The case Melania Felix DE ASENCIO; Manuel A. Gutierrez; Asela...

Affirmation of RICO Convictions: Proper Joinder of Unrelated Crimes Under a Single Enterprise

Date: Aug 26, 2003

Affirmation of RICO Convictions: Proper Joinder of Unrelated Crimes Under a Single Enterprise Introduction In United States v. Irizarry (341 F.3d 273, 2003), the United States Court of Appeals for...

Third Circuit Adopts 'Last Significant Act' Approach in Choice-of-Law Analysis under FTCA

Date: Aug 21, 2003

Third Circuit Adopts 'Last Significant Act' Approach in Choice-of-Law Analysis under FTCA Introduction In the landmark decision of Simon's Executors et al. v. United States of America (341 F.3d 193,...

No Right to Contribution under ADA and Rehabilitation Act Established in Bowers v. NCAA

Date: Aug 21, 2003

No Right to Contribution under ADA and Rehabilitation Act Established in Bowers v. NCAA Introduction The case of Michael Bowers v. The National Collegiate Athletic Association (NCAA) addresses...

Unconscionability in Arbitration Agreements: Third Circuit Reverses Compulsion of Arbitration

Date: Aug 20, 2003

Unconscionability in Arbitration Agreements: Third Circuit Reverses Compulsion of Arbitration Introduction In the landmark case of Blaise Alexander and Gerald Freeman v. Anthony International, L.P.,...

Affirmation of State's Waiver of Eleventh Amendment Immunity through Acceptance of IDEA and Rehabilitation Act Funds in A.W. v. Jersey City Public Schools

Date: Aug 20, 2003

Affirmation of State's Waiver of Eleventh Amendment Immunity through Acceptance of IDEA and Rehabilitation Act Funds in A.W. v. Jersey City Public Schools Introduction The case of A.W. v. The Jersey...

Affirmation of Summary Judgment in InterVest Antitrust Case Reinforces Strict Standards for Conspiracy Claims

Date: Aug 8, 2003

Affirmation of Summary Judgment in InterVest Antitrust Case Reinforces Strict Standards for Conspiracy Claims Introduction The case of InterVest, Inc. v. Bloomberg, L.P.; S.G. Cowen Securities Corp.,...

Retroactive Application of Professional Conduct Standards: In re: Robert B. Surrick

Date: Aug 2, 2003

Retroactive Application of Professional Conduct Standards: In re: Robert B. Surrick Introduction The case In re: Robert B. Surrick, decided by the United States Court of Appeals for the Third Circuit...

Noerr-Pennington Immunity Extended to State Actors in Antitrust Challenges to the Master Settlement Agreement

Date: Jul 31, 2003

Noerr-Pennington Immunity Extended to State Actors in Antitrust Challenges to the Master Settlement Agreement Introduction The case of Robert Mariana et al. v. D. Michael Fisher and Larry Williams...

Jurisdictional Limits on Appellate Review of Untimely Asylum Petitions - Tarawally v. Ashcroft

Date: Jul 30, 2003

Jurisdictional Limits on Appellate Review of Untimely Asylum Petitions Tarawally v. Ashcroft, 338 F.3d 180 (3d Cir. 2003) Introduction Sulaiman Tarawally v. John Ashcroft, Attorney General of the...

Hardship Determinations in Cancellation of Removal Are Discretionary and Non-Reviewable: Mendez-Moranchel v. Ashcroft