3d Circuit Case Commentaries

Affirmation of FTAIA as a Barrier to Extraterritorial Sherman Act Claims: Turicentro, S.A. v. American Airlines Inc.

Date: Sep 10, 2002

Affirmation of FTAIA as a Barrier to Extraterritorial Sherman Act Claims: Turicentro, S.A. v. American Airlines Inc. Introduction In the case of Turicentro, S.A. et al. v. American Airlines Inc. et...

Affirmation of Class Certification in Antitrust Litigation: Winoff Industries v. Stone Container Corporation

Date: Sep 6, 2002

Affirmation of Class Certification in Antitrust Litigation: Winoff Industries v. Stone Container Corporation Introduction The case of Winoff Industries, Inc. v. Stone Container Corporation involves a...

Limitations on First Amendment Retaliation Claims: Ambrose v. Township of Robinson

Date: Sep 5, 2002

Limitations on First Amendment Retaliation Claims: Ambrose v. Township of Robinson Introduction Ambrose v. Township of Robinson is a pivotal case decided by the United States Court of Appeals for the...

Affirmation of Dismissal in Krantz v. Prudential Investments Fund Management LLC: Upholding Fiduciary Standards under the Investment Company Act

Date: Aug 31, 2002

Affirmation of Dismissal in Krantz v. Prudential Investments Fund Management LLC: Upholding Fiduciary Standards under the Investment Company Act Introduction In the case of Sheldon KRANTZ, Appellant...

Reaffirming Due Process Protections: United States v. Gene Barrett Johnson

Date: Aug 27, 2002

Reaffirming Due Process Protections: United States v. Gene Barrett Johnson Introduction United States of America v. Gene Barrett Johnson, a/k/a Gexex Johnson, 302 F.3d 139, is a pivotal case...

Affidavit of Merit Timeliness in Amended Malpractice Suits: Snyder v. Pascack Valley Hospital Sets New Precedent

Date: Aug 23, 2002

Affidavit of Merit Timeliness in Amended Malpractice Suits: Snyder v. Pascack Valley Hospital Sets New Precedent Introduction Snyder v. Pascack Valley Hospital, 303 F.3d 271 (3d Cir. 2002), is a...

Enhancing Defendant Protections: The Right to Self-Representation in United States v. Ronnie Peppers

Date: Aug 22, 2002

Enhancing Defendant Protections: The Right to Self-Representation in United States v. Ronnie Peppers Introduction United States v. Ronnie Peppers, 302 F.3d 120 (3d Cir. 2002), is a landmark decision...

Waiver of Sovereign Immunity under the Rehabilitation Act: Insights from George Koslow v. Commonwealth of Pennsylvania

Date: Aug 22, 2002

Waiver of Sovereign Immunity under the Rehabilitation Act: Insights from George Koslow v. Commonwealth of Pennsylvania Introduction The case of George Koslow v. Commonwealth of Pennsylvania, decided...

Admissibility of Expert Testimony and Newly Discovered Evidence in Trademark Infringement Cases: Insights from Betterbox Communications Ltd. v. Black Box Corporation

Date: Aug 14, 2002

Admissibility of Expert Testimony and Newly Discovered Evidence in Trademark Infringement Cases: Insights from Betterbox Communications Ltd. v. Black Box Corporation Introduction Betterbox...

One-Year Limitation Period in Federal Habeas Corpus Petitions: Analysis of Woods v. Kearney

Date: Aug 10, 2002

One-Year Limitation Period in Federal Habeas Corpus Petitions: Analysis of Woods v. Kearney Introduction Woods v. Kearney, 215 F. Supp.2d 458 (D. Del. 2002), is a pivotal case that underscores the...

Third Circuit Upholds NLRB's Finding of Anti-Union Animus in Hiring Decisions

Date: Aug 9, 2002

Third Circuit Upholds NLRB's Finding of Anti-Union Animus in Hiring Decisions Introduction The case of NATIONAL LABOR RELATIONS BOARD v. FES (301 F.3d 83) centers on allegations that FES, a division...

Assessing Credibility and Documentary Corroboration in Asylum Proceedings: Chen Yun Gao v. Ashcroft

Date: Aug 8, 2002

Assessing Credibility and Documentary Corroboration in Asylum Proceedings: Chen Yun Gao v. Ashcroft Introduction Chen Yun Gao v. John Ashcroft, 299 F.3d 266 (3d Cir. 2002), is a pivotal case in U.S....

Third Circuit Court Reiterates Necessity of Factual Resolution in Qualified Immunity Claims

Date: Aug 3, 2002

Third Circuit Court Reiterates Necessity of Factual Resolution in Qualified Immunity Claims Introduction The case of Cor v. Curley (298 F.3d 271, 2002) presents a pivotal examination of the qualified...

Clarifying 'Related To' Jurisdiction in Bankruptcy Proceedings: Insights from In re Federal-Mogul Global, Inc.

Date: Aug 1, 2002

Clarifying 'Related To' Jurisdiction in Bankruptcy Proceedings: Insights from In re Federal-Mogul Global, Inc. Introduction In the complex landscape of bankruptcy law, determining the scope of...

Heightened Scrutiny in ERISA Benefit Denials: Smathers v. Multi-Tool, Inc. Establishes New Standards

Date: Aug 1, 2002

Heightened Scrutiny in ERISA Benefit Denials: Smathers v. Multi-Tool, Inc. Establishes New Standards Introduction In the landmark case of Smathers v. Multi-Tool, Inc., decided by the United States...

Substance Over Form in Employee Benefit Plans: Insights from Neonatology Associates, P.A. v. Commissioner of Internal Revenue

Date: Jul 30, 2002

Substance Over Form in Employee Benefit Plans: Insights from Neonatology Associates, P.A. v. Commissioner of Internal Revenue Introduction The case of Neonatology Associates, P.A. v. Commissioner of...

Administrative Expense Allocation in Bankruptcy: Insights from In re Hechinger Investment Co.

Date: Jul 26, 2002

Administrative Expense Allocation in Bankruptcy: Insights from In re Hechinger Investment Co. Introduction The case of In re Hechinger Investment Company of Delaware, Debtor. Former Employees of...

Routine Border Patdowns Remain Constitutional; Equal Protection Claims Require Substantial Evidence

Date: Jul 26, 2002

Routine Border Patdowns Remain Constitutional; Equal Protection Claims Require Substantial Evidence Introduction In Yvette Bradley v. The United States of America et al., adjudicated by the United...

Eleventh Amendment Immunity for State Officials in Enforcing Federally Approved State Programs: The Pennsylvania Federation of Sportsmen's Clubs Decision

Date: Jul 25, 2002

Eleventh Amendment Immunity for State Officials in Enforcing Federally Approved State Programs: The Pennsylvania Federation of Sportsmen's Clubs Decision Introduction The case of Pennsylvania...

Conrail v. Appellants: Emphasizing the Need for Demonstrating Retained Similarly Situated Younger Employees in ADEA RIF Claims

Date: Jul 24, 2002

Conrail v. Appellants: Emphasizing the Need for Demonstrating Retained Similarly Situated Younger Employees in ADEA RIF Claims Introduction In the landmark decision of Consolidated Railroad...

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