3d Circuit Case Commentaries

Abuse of Discretion in Denial of Motion to Reopen: Shardar v. Attorney General of the United States

Date: Sep 20, 2007

Abuse of Discretion in Denial of Motion to Reopen: Shardar v. Attorney General of the United States Introduction Mohammad Arif Shardar, a native of Bangladesh and former local leader of the Jatiya...

Binding of Non-Signatory Agents Under Jury Waiver Clauses: TRACINDA CORP. v. DAIMLERCHRYSLER AG

Date: Sep 19, 2007

Binding of Non-Signatory Agents Under Jury Waiver Clauses: TRACINDA CORP. v. DAIMLERCHRYSLER AG Introduction In the landmark case TRACINDA CORPORATION v. DAIMLERCHRYSLER AG, adjudicated by the United...

Cynthia SANDS v. Robert McCORMICK & Gary E. Norton: Establishing Limits on Extradition Procedures and Prosecutorial Immunity

Date: Sep 19, 2007

Cynthia SANDS v. Robert McCORMICK & Gary E. Norton: Establishing Limits on Extradition Procedures and Prosecutorial Immunity Introduction The case of Cynthia SANDS, Appellant v. Robert McCORMICK,...

Heightened 'Sliding Scale' Standard for ERISA Benefit Denials Amid Conflicts of Interest: Post v. Hartford Insurance

Date: Sep 14, 2007

Heightened 'Sliding Scale' Standard for ERISA Benefit Denials Amid Conflicts of Interest: Post v. Hartford Insurance Introduction In the landmark case of Carol A. POST v. Hartford Insurance Company,...

Otero v. United States: Simple Assault Excluded from Crime of Violence for Sentencing Enhancement

Date: Sep 13, 2007

Otero v. United States: Simple Assault Excluded from Crime of Violence for Sentencing Enhancement Introduction Otero v. United States is a pivotal case decided by the United States Court of Appeals...

Vacated Sentencing Due to Insufficient Reasoning: United States v. Ausburn

Date: Sep 11, 2007

Vacated Sentencing Due to Insufficient Reasoning: United States v. Ausburn Introduction In the case of United States of America v. David Ausburn, the United States Court of Appeals for the Third...

Strict Adherence to OWBPA Requirements in Invalidating Waivers: Ruehl v. Viacom

Date: Sep 8, 2007

Strict Adherence to OWBPA Requirements in Invalidating Waivers: Ruehl v. Viacom Introduction The case James H. Ruehl v. Viacom, Inc., 500 F.3d 375 (3d Cir. 2007), addressed critical issues related to...

Federal Trade Commission v. Check Investors, Inc.: Affirming FDCPA Protections for Debt Collection Practices

Date: Sep 7, 2007

Federal Trade Commission v. Check Investors, Inc.: Affirming FDCPA Protections for Debt Collection Practices Introduction In the landmark case Federal Trade Commission v. Check Investors, Inc., the...

Affirmation of Summary Judgment in Age Discrimination and Retaliation Claims: Witcher v. Sodexho, Inc.

Date: Sep 7, 2007

Affirmation of Summary Judgment in Age Discrimination and Retaliation Claims: Witcher v. Sodexho, Inc. Introduction The case of George Witcher v. Sodexho, Inc. adjudicated by the United States Court...

Affirmation of Timely and Reasonable ERISA Fee Awards without Proportionality Requirement

Date: Sep 5, 2007

Affirmation of Timely and Reasonable ERISA Fee Awards without Proportionality Requirement Introduction The case of United Automobile Workers Local 259 Social Security Department v. Metro Auto Center...

Federal Jurisdiction in ERISA Interpleader Actions: Insights from Metropolitan Life Insurance Co. v. Price

Date: Sep 5, 2007

Federal Jurisdiction in ERISA Interpleader Actions: Insights from Metropolitan Life Insurance Co. v. Price Introduction The case of Metropolitan Life Insurance Company v. Sandra Price, Shannon Price,...

Broadcom v. Qualcomm: Setting New Precedent on Antitrust Liability for Deceptive FRAND Conduct

Date: Sep 5, 2007

Broadcom v. Qualcomm: Setting New Precedent on Antitrust Liability for Deceptive FRAND Conduct Introduction The landmark case Broadcom Corporation v. Qualcomm Incorporated (501 F.3d 297) addressed...

Termination Act Preemption and State Environmental Regulations: Insights from New York Susquehanna and Western Railway Corporation v. Lisa P. Jackson

Date: Sep 5, 2007

Termination Act Preemption and State Environmental Regulations: Insights from New York Susquehanna and Western Railway Corporation v. Lisa P. Jackson Introduction New York Susquehanna and Western...

United States v. Stefan Goff: Strengthening Sentencing for Child Pornography Offenses

Date: Aug 31, 2007

United States v. Stefan Goff: Strengthening Sentencing for Child Pornography Offenses Introduction In United States v. Stefan Goff, 501 F.3d 250 (3d Cir. 2007), the United States Court of Appeals for...

Third Circuit Affirms GARCETTI v. CEBALLOS: Internal Reporting by State Police Not Protected Under First Amendment

Date: Aug 31, 2007

Third Circuit Affirms GARCETTI v. CEBALLOS: Internal Reporting by State Police Not Protected Under First Amendment Introduction In the landmark case of Sergeant Christopher D. Foraker et al. v....

Exhaustion of Administrative Remedies in Bivens Actions: Bailey-El v. Federal Bureau of Prisons

Date: Aug 30, 2007

Exhaustion of Administrative Remedies in Bivens Actions: Bailey-El v. Federal Bureau of Prisons Introduction The case of Ronald George Bailey-El v. Federal Bureau of Prisons addresses critical issues...

Third Circuit Clarifies Necessity and Indispensability Under FRCP 19 in Insurance Coverage Litigation

Date: Aug 29, 2007

Third Circuit Clarifies Necessity and Indispensability Under FRCP 19 in Insurance Coverage Litigation Introduction In the case of General Refractories Company v. First State Insurance Co., the United...

Establishing the Boundaries of Honest Services Fraud: Comprehensive Affirmation in United States v. Corey Kemp et al.

Date: Aug 28, 2007

Establishing the Boundaries of Honest Services Fraud: Comprehensive Affirmation in United States v. Corey Kemp et al. Introduction United States v. Corey Kemp and other appellants represents a...

Defining the Boundaries of Qualified Immunity: Cor v. t Curley Establishes Judicial Oversight

Date: Aug 25, 2007

Defining the Boundaries of Qualified Immunity: Cor v. t Curley Establishes Judicial Oversight Introduction Corvett Curley and his wife, Elaine Curley, brought a civil rights lawsuit against Ronald...

Enforceability of Non-Compete Covenants: Victaulic v. Tieman Sets New Standard

Date: Aug 24, 2007

Enforceability of Non-Compete Covenants: Victaulic v. Tieman Sets New Standard Introduction In Victaulic Company v. Joseph L. Tieman; Tyco Fire Products, LP, the United States Court of Appeals for...