3d Circuit Case Commentaries

Third Circuit Establishes Modified De Novo Review Standard in IDEA Appeals: S.H. v. Newark

Date: Jul 15, 2003

Third Circuit Establishes Modified De Novo Review Standard in IDEA Appeals: S.H. v. Newark Introduction The case of S.H., Individually and on Behalf of I.H. v. State-Operated School District of...

Withdrawing Guilty Pleas and Competency Hearings: Insights from UNITED STATES v. Donald JONES

Date: Jul 15, 2003

Withdrawing Guilty Pleas and Competency Hearings: Insights from UNITED STATES v. Donald JONES (336 F.3d 245) Introduction United States of America v. Donald Jones is a seminal case adjudicated by the...

Impact of Prison Mail Delays on Timeliness of §2255 Appeals: United States v. Fiorelli

Date: Jul 10, 2003

Impact of Prison Mail Delays on Timeliness of §2255 Appeals: United States v. Fiorelli Introduction In United States v. Fiorelli, 337 F.3d 282 (3d Cir. 2003), the United States Court of Appeals for...

Third Circuit Rules that Summary Plan Description Controls Over Plan Documents in ERISA Benefits Claims

Date: Jul 3, 2003

Third Circuit Rules that Summary Plan Description Controls Over Plan Documents in ERISA Benefits Claims Introduction In the landmark case of Burstein et al. v. Retirement Account Plan for Employees...

Third Circuit Vacates BIA's Asylum Denial Due to Insufficient Credibility Findings in Kayembe Case

Date: Jul 2, 2003

Third Circuit Vacates BIA's Asylum Denial Due to Insufficient Credibility Findings in Kayembe Case Introduction The case of Oscar Kayembe v. John Ashcroft, Attorney General of the United States (334...

Comity and Federalism Uphold State Grand Jury Transcript Confidentiality: Camiolo v. State Farm

Date: Jul 1, 2003

Comity and Federalism Uphold State Grand Jury Transcript Confidentiality: Camiolo v. State Farm Introduction In the matter of Paul Camiolo v. State Farm Fire and Casualty Co. (334 F.3d 345), the...

Limits on Admissible Evidence in Insurance Bad Faith Litigation: Insights from W.V. Realty Inc. v. Northern Insurance Company

Date: Jun 28, 2003

Limits on Admissible Evidence in Insurance Bad Faith Litigation: Insights from W.V. Realty Inc. v. Northern Insurance Company Introduction W.V. Realty Inc.; New Montage Manor, Inc. v. Northern...

Essential Job Functions and the Breakdown of the ADA Interactive Process: Conneen v. MBNA America Bank, N.A.

Date: Jun 28, 2003

Essential Job Functions and the Breakdown of the ADA Interactive Process: Conneen v. MBNA America Bank, N.A. Introduction In the landmark case of Margaret D. Conneen v. MBNA America Bank, N.A., the...

Enforcement of Foreign Arbitration Awards and the Validity of Arbitration Agreements: A New Precedent

Date: Jun 27, 2003

Enforcement of Foreign Arbitration Awards and the Validity of Arbitration Agreements: A New Precedent Introduction The case of China Minmetals Materials Import and Export Co., Ltd. v. Chi Mei...

ERISA Fiduciary Duty and Disclosure Requirements: An In-Depth Analysis of Horvath v. Keystone Health Plan East, Inc.

Date: Jun 24, 2003

ERISA Fiduciary Duty and Disclosure Requirements: An In-Depth Analysis of Horvath v. Keystone Health Plan East, Inc. Introduction Donna Horvath v. Keystone Health Plan East, Inc. is a pivotal case...

Apprendi v. Swinton: Retroactive Application in Collateral Review Affirmed

Date: Jun 24, 2003

Apprendi v. Swinton: Retroactive Application in Collateral Review Affirmed Introduction The case of United States of America v. Andre Swinton, 333 F.3d 481 (3d Cir. 2003), presents a pivotal...

Zubeda v. Ashcroft: Establishing Precedent on Torture Relief in Immigration Law

Date: Jun 24, 2003

Zubeda v. Ashcroft: Establishing Precedent on Torture Relief in Immigration Law Introduction Takky Zubeda v. John Ashcroft, Attorney General of the United States is a seminal case decided by the...

Binding Arbitration Clause in International Commercial Contracts: Analysis of Standard Bent Glass Corp. v. Glassrobots Oy

Date: Jun 21, 2003

Binding Arbitration Clause in International Commercial Contracts: Analysis of Standard Bent Glass Corp. v. Glassrobots Oy Introduction The case of Standard Bent Glass Corp. v. Glassrobots Oy presents...

Ripeness of First Amendment Challenges to Municipal Sign Ordinances: Peachlum v. City of York

Date: Jun 20, 2003

Ripeness of First Amendment Challenges to Municipal Sign Ordinances: Peachlum v. City of York Introduction Peachlum v. City of York is a pivotal case adjudicated by the United States Court of Appeals...

Prior Juvenile Adjudications and the ACCA: United States v. Lester Jones - A New Legal Precedent

Date: Jun 20, 2003

Prior Juvenile Adjudications and the ACCA: United States v. Lester Jones - A New Legal Precedent Introduction United States of America v. Lester Jones, 332 F.3d 688 (3d Cir. 2003), presents a pivotal...

Piercing the Corporate Veil in ERISA Context: Trustees v. Lutyk

Date: Jun 12, 2003

Piercing the Corporate Veil in ERISA Context: Trustees v. Lutyk Introduction Trustees of the National Elevator Industry Pension, Health Benefit and Educational Funds v. Andrew Lutyk is a pivotal case...

Enhancing Fourth Amendment Protections: Third Circuit Clarifies Standards for Reasonable Suspicion and 'Fighting Words' in Stop and Arrest Scenarios

Date: Jun 6, 2003

Enhancing Fourth Amendment Protections: Third Circuit Clarifies Standards for Reasonable Suspicion and 'Fighting Words' in Stop and Arrest Scenarios Introduction In the landmark case of Steven...

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3d Circuit Case Commentaries

Third Circuit Establishes Modified De Novo Review Standard in IDEA Appeals: S.H. v. Newark

Withdrawing Guilty Pleas and Competency Hearings: Insights from UNITED STATES v. Donald JONES

Impact of Prison Mail Delays on Timeliness of §2255 Appeals: United States v. Fiorelli

Third Circuit Rules that Summary Plan Description Controls Over Plan Documents in ERISA Benefits Claims

Third Circuit Vacates BIA's Asylum Denial Due to Insufficient Credibility Findings in Kayembe Case

Comity and Federalism Uphold State Grand Jury Transcript Confidentiality: Camiolo v. State Farm

Limits on Admissible Evidence in Insurance Bad Faith Litigation: Insights from W.V. Realty Inc. v. Northern Insurance Company

Essential Job Functions and the Breakdown of the ADA Interactive Process: Conneen v. MBNA America Bank, N.A.

Enforcement of Foreign Arbitration Awards and the Validity of Arbitration Agreements: A New Precedent

ERISA Fiduciary Duty and Disclosure Requirements: An In-Depth Analysis of Horvath v. Keystone Health Plan East, Inc.

Apprendi v. Swinton: Retroactive Application in Collateral Review Affirmed

Zubeda v. Ashcroft: Establishing Precedent on Torture Relief in Immigration Law

Binding Arbitration Clause in International Commercial Contracts: Analysis of Standard Bent Glass Corp. v. Glassrobots Oy

Ripeness of First Amendment Challenges to Municipal Sign Ordinances: Peachlum v. City of York

Prior Juvenile Adjudications and the ACCA: United States v. Lester Jones - A New Legal Precedent

Piercing the Corporate Veil in ERISA Context: Trustees v. Lutyk

Enhancing Fourth Amendment Protections: Third Circuit Clarifies Standards for Reasonable Suspicion and 'Fighting Words' in Stop and Arrest Scenarios

Establishing Creditor Fraud Against Legal Counsel: Morganroth v. Norris, McLaughlin, et al.

Derivative Standing for Creditors' Committees in Chapter 11 Bankruptcy: A 3rd Circuit Analysis

Reaffirming Motion to Dismiss Rights in Civil Forfeiture Proceedings: Integrating Supplemental and Federal Civil Rules