3d Circuit Case Commentaries

Jurisdictional Limitations on Diversity Under Dual Citizenship: Smith v. Vanterpool

Date: Jan 4, 2008

Jurisdictional Limitations on Diversity Under Dual Citizenship: Smith v. Vanterpool Introduction In the case of Merlene Frett-Smith v. Joey Vanterpool, adjudicated by the United States Court of...

Third Circuit Clarifies Trade Dress Infringement Standards for Store-Brand Packaging Under the Lanham Act

Date: Dec 25, 2007

Third Circuit Clarifies Trade Dress Infringement Standards for Store-Brand Packaging Under the Lanham Act Introduction In the landmark case of McNeil Nutritionals, LLC v. Heartland Sweeteners, LLC;...

Enforceability of Arbitration Agreements in Credit Repair Services Confirmed under CROA and FAA: Analysis of Mary Gay v. CreditInform, Inc.

Date: Dec 20, 2007

Enforceability of Arbitration Agreements in Credit Repair Services Confirmed under CROA and FAA Introduction The case of Mary Gay v. CreditInform, Inc., adjudicated by the United States Court of...

Sufficient Notice Requirements under FMLA and Disability Recognition under NJ LAD: Insights from Sarnowski v. Air Brook Limousine

Date: Dec 13, 2007

Sufficient Notice Requirements under FMLA and Disability Recognition under NJ LAD: Insights from Sarnowski v. Air Brook Limousine Introduction The case of James Sarnowski v. Air Brook Limousine, Inc....

AND1 v. Headache: Refining the Standards for Contributory Trademark Infringement and Attorney's Fees under the Lanham Act

Date: Dec 12, 2007

AND1 v. Headache: Refining the Standards for Contributory Trademark Infringement and Attorney's Fees under the Lanham Act 1. Introduction The case of The Basketball Marketing Company, Inc. doing...

Reaffirmation of AEDPA's Gatekeeping Mechanism and Abuse-of-the-Writ Doctrine in Second Habeas Petitions: Charles J. Goldblum v. Klem

Date: Dec 1, 2007

Reaffirmation of AEDPA's Gatekeeping Mechanism and Abuse-of-the-Writ Doctrine in Second Habeas Petitions: Charles J. Goldblum v. Klem Introduction The case of Charles J. Goldblum v. Edward J. Klem,...

Enforceability of Arbitration Agreements in Subscription-Based Services: An Analysis of Schwartz v. Comcast Corporation

Date: Dec 1, 2007

Enforceability of Arbitration Agreements in Subscription-Based Services: An Analysis of Schwartz v. Comcast Corporation Introduction The case of Adam Schwartz v. Comcast Corporation, decided by the...

Cortes v. Commissioner of Social Security: Reevaluating Mental Retardation Standards in SSI Eligibility

Date: Nov 29, 2007

Cortes v. Commissioner of Social Security: Reevaluating Mental Retardation Standards in SSI Eligibility Introduction The case of Evelyn Cortes versus the Commissioner of Social Security...

Third Circuit Clarifies RLUIPA's Equal Terms Provision in Zoning Challenges to Religious Assemblies

Date: Nov 28, 2007

Third Circuit Clarifies RLUIPA's Equal Terms Provision in Zoning Challenges to Religious Assemblies Introduction The case of The Lighthouse Institute for Evangelism, Inc. v. City of Long Branch...

Establishing Legal Certainty for CAFA Jurisdiction: Insights from Frederico v. Home Depot

Date: Nov 10, 2007

Establishing Legal Certainty for CAFA Jurisdiction: Insights from Frederico v. Home Depot Introduction The case of Janelle Frederico v. Home Depot, Inc. (507 F.3d 188, Third Circuit, 2007) serves as...

Affirmation of Legitimate Termination in Retaliation Claims: Weiler v. RT Mechanical

Date: Nov 6, 2007

Affirmation of Legitimate Termination in Retaliation Claims: Weiler v. RT Mechanical Introduction Weiler v. RT Mechanical, Inc. is a pivotal employment discrimination case adjudicated by the United...

Constructive Amendment in Tax Evasion and Conspiracy Charges: Insights from United States v. Ke

Date: Oct 30, 2007

Constructive Amendment in Tax Evasion and Conspiracy Charges: Insights from United States v. Ke Introduction United States v. Ke (506 F.3d 225) is a landmark decision by the United States Court of...

Third Circuit Affirms Bankruptcy Court Jurisdiction Over State-Law Malpractice Claims Arising in Chapter 11 Proceedings

Date: Oct 25, 2007

Third Circuit Affirms Bankruptcy Court Jurisdiction Over State-Law Malpractice Claims Arising in Chapter 11 Proceedings Introduction The case of In re Seven Fields Development Corporation, Debtor,...

Revisiting Procedural Defaults and Affidavit Requirements: Insights from Leyva v. Williams

Date: Oct 4, 2007

Revisiting Procedural Defaults and Affidavit Requirements: Insights from Leyva v. Williams Introduction In the case of Armando Leyva v. Antonio Williams, Probation Officer; The District Attorney of...

Supervisory Rule for Qualified Immunity in Interlocutory Appeals Established in Blaylock v. City of Philadelphia

Date: Oct 2, 2007

Supervisory Rule for Qualified Immunity in Interlocutory Appeals Established in Blaylock v. City of Philadelphia Introduction Blaylock v. The City of Philadelphia is a pivotal case adjudicated by the...

The WINER FAMILY TRUST v. DEFENDANTS: Reinforcing PSLRA Standards on Standing and Group Pleading

Date: Sep 25, 2007

The WINER FAMILY TRUST v. DEFENDANTS: Reinforcing PSLRA Standards on Standing and Group Pleading Introduction In the pivotal case of The WINER FAMILY TRUST, Individually and on behalf of all others...

Balancing Parental Rights and Minors' Privacy: Insights from Anspach v. City of Philadelphia

Date: Sep 22, 2007

Balancing Parental Rights and Minors' Privacy: Insights from Anspach v. City of Philadelphia Introduction Anspach v. City of Philadelphia is a landmark case adjudicated by the United States Court of...

Affirming Municipal Liability Standards under Monell and the Sham Affidavit Doctrine: Jiminez v. All American Rathskeller

Date: Sep 22, 2007

Affirming Municipal Liability Standards under Monell and the Sham Affidavit Doctrine: Jiminez v. All American Rathskeller Introduction The case of Grace Jiminez, as Administratrix of the Estate of...

Affirmation of Competency and Voluntariness in Capital Cases: Insights from Gamboa-Taylor v. Commissioner

Date: Sep 21, 2007

Affirmation of Competency and Voluntariness in Capital Cases: Insights from Gamboa-Taylor v. Commissioner Introduction Gamboa-Taylor v. Commissioner is a seminal case decided by the United States...

Religious Exemption under Title VII Upheld: Insights from LeBoon v. Lancaster Jewish Community Center Association

Date: Sep 20, 2007

Religious Exemption under Title VII Upheld: Insights from LeBoon v. Lancaster Jewish Community Center Association Introduction The case of Linda LeBoon versus the Lancaster Jewish Community Center...