3d Circuit Case Commentaries

Successor Liability and Bankruptcy Asset Sales: An In-Depth Analysis of In re Trans World Airlines, Inc.

Date: Mar 14, 2003

Successor Liability and Bankruptcy Asset Sales: An In-Depth Analysis of In re Trans World Airlines, Inc. Introduction The case of In re Trans World Airlines, Inc. (322 F.3d 283) adjudicated by the...

Application of the Prison Mailbox Rule in Administrative Forfeiture Proceedings: Longenette v. Krusing

Date: Mar 8, 2003

Application of the Prison Mailbox Rule in Administrative Forfeiture Proceedings: Longenette v. Krusing Introduction William Longenette v. Peter Krusing; William E. Perry, Special Agent FBI; Federal...

Rooker-Feldman Doctrine Clarified: Desi's Pizza, Inc. v. City of Wilkes-Barre

Date: Mar 7, 2003

Rooker-Feldman Doctrine Clarified: Desi's Pizza, Inc. v. City of Wilkes-Barre Introduction In Desi's Pizza, Inc.; Desi's Famous Pizza, Inc.; Desi Pizza WP, Inc.; D.F.P. Franchising, Inc.; Francis...

Exclusion of Damages Evidence as a Sanction for Discovery Noncompliance: Ware Communications, Inc. v. Rodale Press, Inc.

Date: Mar 1, 2003

Exclusion of Damages Evidence as a Sanction for Discovery Noncompliance: Ware Communications, Inc. v. Rodale Press, Inc. Introduction Ware Communications, Inc. v. Rodale Press, Inc. is a pivotal case...

Third Circuit Limits Absolute Immunity for Prison Officials in Eighth Amendment § 1983 Safety Claims

Date: Mar 1, 2003

Third Circuit Limits Absolute Immunity for Prison Officials in Eighth Amendment § 1983 Safety Claims Introduction In the case of Jerome Hamilton v. Faith Leavy et al., the United States Court of...

Admissibility of Prior Convictions under Federal Rule of Evidence 404(b): Analysis of United States v. Givan

Date: Feb 27, 2003

Admissibility of Prior Convictions under Federal Rule of Evidence 404(b): Analysis of United States v. Givan Introduction In the case of United States of America v. Yul Darnell Givan, decided by the...

Ex Post Facto Implications in Parole Decisions: Mickens-Thomas v. Vaughn

Date: Feb 22, 2003

Ex Post Facto Implications in Parole Decisions: Mickens-Thomas v. Vaughn Introduction Mickens-Thomas v. Donald Vaughn, Superintendent; Pennsylvania Board of Probation and Parole; the Pennsylvania...

State-Created Danger Doctrine Reinforced in SCHIEBER v. CITY OF PHILADELPHIA

Date: Feb 21, 2003

State-Created Danger Doctrine Reinforced in SCHIEBER v. CITY OF PHILADELPHIA Introduction In SCHIEBER v. CITY OF PHILADELPHIA, the United States Court of Appeals for the Third Circuit addressed a...

Third Circuit Establishes UDRP Disputes Outside FAA's Arbitration Framework

Date: Feb 21, 2003

Third Circuit Establishes UDRP Disputes Outside FAA's Arbitration Framework Introduction The case of Eric Dluhos v. Anna Strasberg et al. (321 F.3d 365, 2003) addressed a pivotal question in internet...

Admissibility of Expert Testimony and Unique Circumstances in Appeals: Schneider v. Fried et al., 320 F.3d 396 (3d Cir. 2003)

Date: Feb 19, 2003

Admissibility of Expert Testimony and Unique Circumstances in Appeals: Schneider v. Fried et al., 320 F.3d 396 (3d Cir. 2003) Introduction In the case of Schneider v. Fried et al., heard by the...

Third Circuit Establishes Common Knowledge Exception in Medical Malpractice and Affirms Evidence of Policy in §1983 Claims

Date: Feb 8, 2003

Third Circuit Establishes Common Knowledge Exception in Medical Malpractice and Affirms Evidence of Policy in §1983 Claims Introduction In the landmark case of Daniel Natale; Kathleen Natale v....

Defining 'Prevailing Party' Under the IDEA Fee-Shifting Provision: Analysis of John T. v. Delaware County Intermediate Unit

Date: Jan 31, 2003

Defining 'Prevailing Party' Under the IDEA Fee-Shifting Provision: Analysis of John T. v. Delaware County Intermediate Unit Introduction John T. v. Delaware County Intermediate Unit, 318 F.3d 545 (3d...

Enhanced Prisoner Rights and Administrative Remedies in 1983 Actions: Mitchell v. Horn

Date: Jan 30, 2003

Enhanced Prisoner Rights and Administrative Remedies in 1983 Actions: Mitchell v. Horn Introduction In the landmark case of Mark Mitchell v. Martin F. Horn, 318 F.3d 523 (3d Cir. 2003), the United...

Enhancing Liability for State-Created Danger and Excessive Force: Smith v. Pennsylvania State Police

Date: Jan 30, 2003

Enhancing Liability for State-Created Danger and Excessive Force: Smith Estate v. Pennsylvania State Police Introduction In the case of Estate of Robert Cecil Smith; Pauline Smith, Dana Smith; Wanda...

Establishing Personal Jurisdiction in Internet-Based Trademark Infringement: Analysis of Toys "R" Us, Inc. v. Step Two, S.A.; Imaginarium Net, S.L.

Date: Jan 28, 2003

Establishing Personal Jurisdiction in Internet-Based Trademark Infringement: Analysis of Toys "R" Us, Inc. v. Step Two, S.A.; Imaginarium Net, S.L. Introduction The case of Toys "R" Us, Inc.;...

Third Circuit Reinforces ADA Retaliation Protections: Shellenberger v. Summit Bancorp

Date: Jan 24, 2003

Third Circuit Reinforces ADA Retaliation Protections: Shellenberger v. Summit Bancorp Introduction In the landmark case of Shellenberger v. Summit Bancorp, Inc., the United States Court of Appeals...

Reaffirming the Limited Scope of §1983: No Constitutional Duty to Rescue

Date: Jan 23, 2003

Reaffirming the Limited Scope of §1983: No Constitutional Duty to Rescue Introduction In the appellate decision Brown & Douglas v. Commonwealth of Pennsylvania Department of Health et al., the United...

Third Circuit Affirms Broad 'Additional Insured' Coverage and Equitable Estoppel in FHLMC v. Scottsdale Insurance

Date: Jan 23, 2003

Third Circuit Affirms Broad 'Additional Insured' Coverage and Equitable Estoppel in FHLMC v. Scottsdale Insurance Introduction The case of Federal Home Loan Mortgage Corporation ("Freddie Mac") and...

Admissibility of NICB Database Testimony under Federal Rule of Evidence 803(17): Insights from United States v. Nafis Woods

Date: Jan 22, 2003

Admissibility of NICB Database Testimony under Federal Rule of Evidence 803(17): Insights from United States v. Nafis Woods Introduction The case of United States v. Nafis Woods presents a...

Establishing Eighth Amendment Protections Against Environmental Tobacco Smoke in Prisons

Date: Jan 22, 2003

Establishing Eighth Amendment Protections Against Environmental Tobacco Smoke in Prisons Introduction In the case of Roger Atkinson v. Stanley Taylor et al. (316 F.3d 257), the United States Court of...

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