3d Circuit Case Commentaries

Selective Enforcement of Facially Neutral Ordinances Against Religious Practices Violates Free Exercise Clause

Date: Oct 25, 2002

Selective Enforcement of Facially Neutral Ordinances Against Religious Practices Violates Free Exercise Clause Introduction In the landmark case of Tenafly Eruv Association, Inc. v. Borough of...

Third Circuit Reaffirms Direct Evidence Standards in ADEA Termination Claims: Fakete v. Aetna

Date: Oct 25, 2002

Third Circuit Reaffirms Direct Evidence Standards in ADEA Termination Claims: Fakete v. Aetna Introduction Stephen Fakete filed a lawsuit against Aetna, Inc. under the Age Discrimination in...

Prejudicial Spillover and Ineffective Assistance in Appellate Proceedings: Insights from Cross v. United States

Date: Oct 19, 2002

Prejudicial Spillover and Ineffective Assistance in Appellate Proceedings: Insights from Cross v. United States Introduction In the landmark case of United States of America v. Walter V. Cross, a/k/a...

Reaffirming the 'Similarly Situated' Standard in Zoning Law: CONGREGATION KOL AMI v. ABINGTON TOWNSHIP

Date: Oct 17, 2002

Reaffirming the 'Similarly Situated' Standard in Zoning Law: CONGREGATION KOL AMI v. ABINGTON TOWNSHIP Introduction CONGREGATION KOL AMI v. ABINGTON TOWNSHIP is a pivotal case decided by the United...

Clarifying the Boundaries of Probable Cause and Search Incident to Arrest in Domestic Violence Cases

Date: Oct 12, 2002

Clarifying the Boundaries of Probable Cause and Search Incident to Arrest in Domestic Violence Cases Introduction In United States of America v. Clifton Myers, 308 F.3d 251 (3d Cir. 2002), the United...

Limitations on Federal Habeas Review of Parole Revocation Decisions Under AEDPA: Insights from HUNTERSON v. DISABATO

Date: Oct 11, 2002

Limitations on Federal Habeas Review of Parole Revocation Decisions Under AEDPA: Insights from HUNTERSON v. DISABATO Introduction In Neil Hunterson v. Mary Keating DiSabato, et al. (308 F.3d 236,...

Summary Judgment Upholds Strict Standards in Employment Discrimination Case: Shirley Ogden v. Keystone Residence

Date: Oct 11, 2002

Summary Judgment Upholds Strict Standards in Employment Discrimination Case: Shirley Ogden v. Keystone Residence Introduction In Shirley Ogden v. Keystone Residence, Pamela Covert, Joe Bergen, Dottie...

Balancing Probative Value and Prejudice: Exclusion of EEOC Letter of Determination under Federal Rule of Evidence 403

Date: Oct 10, 2002

Balancing Probative Value and Prejudice: Exclusion of EEOC Letter of Determination under Federal Rule of Evidence 403 Introduction In the appellate case of Mary A. Coleman v. Home Depot, Inc., the...

Third Circuit Upholds Executive Authority to Close Special Interest Deportation Hearings in Ashcroft v. North Jersey Media Group

Date: Oct 9, 2002

Third Circuit Upholds Executive Authority to Close Special Interest Deportation Hearings in Ashcroft v. North Jersey Media Group Introduction In the aftermath of the September 11, 2001 terrorist...

Administrative Remedies Must Be Exhausted Under PLRA: Insights from Concepcion v. Morton

Date: Oct 8, 2002

Administrative Remedies Must Be Exhausted Under PLRA: Insights from Concepcion v. Morton Introduction Concepcion v. Morton, 306 F.3d 1347 (3d Cir. 2002), is a landmark decision by the United States...

In re NAHC, Inc. Securities Litigation: Establishing Inquiry Notice Standard in Securities Fraud Claims

Date: Oct 4, 2002

In re NAHC, Inc. Securities Litigation: Establishing Inquiry Notice Standard in Securities Fraud Claims Introduction In the appellate case In re NAHC, Inc. Securities Litigation (306 F.3d 1314), the...

Balancing Free Speech and School Safety: Insights from Sypniewski v. Warren Hills Regional Board of Education

Date: Oct 4, 2002

Balancing Free Speech and School Safety: Insights from Sypniewski v. Warren Hills Regional Board of Education Introduction The case of Sypniewski v. Warren Hills Regional Board of Education (307 F.3d...

Strengthening Software Copyright Enforcement and Trade Secret Protections in Geac v. Grace

Date: Sep 25, 2002

Strengthening Software Copyright Enforcement and Trade Secret Protections in Geac Computer Systems v. Grace Consulting Introduction The case of Dun & Bradstreet Software Services, Inc.; Geac Computer...

Third Circuit Ruling on Reasonable Accommodations for "Regarded As" Disabled Employees Under ADA and PHRA

Date: Sep 21, 2002

Third Circuit Ruling on Reasonable Accommodations for "Regarded As" Disabled Employees Under ADA and PHRA Introduction In the landmark case of Willard Buskirk v. Apollo Metals; PMA Insurance Group,...

Good Faith Exception and Particularity in Civil Forfeiture: United States v. Kim's Wholesale Distributors, Inc.

Date: Sep 21, 2002

Good Faith Exception and Particularity in Civil Forfeiture: United States v. Kim's Wholesale Distributors, Inc. Introduction United States of America v. Ninety-Two Thousand Four Hundred Twenty-Two...

Federal Sentencing Adjustments for Concurrent State and Federal Sentences under U.S.S.G. § 5G1.3(c): Ruggiano v. Reish

Date: Sep 20, 2002

Federal Sentencing Adjustments for Concurrent State and Federal Sentences under U.S.S.G. § 5G1.3(c): Ruggiano v. Reish Introduction The case of Anthony Ruggiano, Jr., Appellant, v. R.M. Reish, Warden...

Expert Testimony Challenges in Civil Rights Litigation: Walker v. Gordon and the Application of Daubert Standards

Date: Sep 18, 2002

Expert Testimony Challenges in Civil Rights Litigation: Walker v. Gordon and the Application of Daubert Standards Introduction The case of Francis X. Walker v. William Gordon, Officer; Leo Sides,...

Reasonable Suspicion in Public Bus Stops: United States v. Robertson

Date: Sep 14, 2002

Reasonable Suspicion in Public Bus Stops: United States v. Robertson Introduction United States of America v. Mitchell Robertson, 305 F.3d 164 (3rd Cir. 2002), presents a significant examination of...

Marshall v. Hendricks (Third Circuit, 2002): Affirmation of Guilt Phase and Remand for Penalty Phase Ineffective Assistance of Counsel Claims

Date: Sep 12, 2002

Marshall v. Hendricks (Third Circuit, 2002): Affirmation of Guilt Phase and Remand for Penalty Phase Ineffective Assistance of Counsel Claims Introduction Marshall v. Hendricks is a significant case...

Due Process Protections Against Coerced Statements: Insights from Choi Chun Lam v. Kelchner

Date: Sep 11, 2002

Due Process Protections Against Coerced Statements: Insights from Choi Chun Lam v. Kelchner Introduction In the landmark case of Choi Chun Lam v. Donald Kelchner, Superintendent; the District...

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