3d Circuit Case Commentaries

Third Circuit Affirms SEPTA's Criminal Conviction-Based Hiring Policy Under Title VII Business Necessity Defense

Date: Mar 20, 2007

Third Circuit Affirms SEPTA's Criminal Conviction-Based Hiring Policy Under Title VII Business Necessity Defense Introduction The case of Douglas EL v. Southeastern Pennsylvania Transportation...

Supremacy of Federal Probable Cause Standards over State Law: Analysis of United States v. Laville

Date: Mar 17, 2007

Supremacy of Federal Probable Cause Standards over State Law: Analysis of United States v. Laville Introduction United States v. Laville, 480 F.3d 187 (3rd Cir. 2007), is a pivotal case that...

Religious Exemption under the ADA: Third Circuit Vacates Summary Judgment in Doe v. Abington Friends School

Date: Mar 16, 2007

Religious Exemption under the ADA: Third Circuit Vacates Summary Judgment in Doe v. Abington Friends School Introduction The case of Joseph and Julie Doe v. Abington Friends School addresses critical...

Third Circuit Adopts 'Interest/Contacts' Approach Over Lex Loci Contractus for Insurance Choice of Law

Date: Mar 16, 2007

Third Circuit Adopts 'Interest/Contacts' Approach Over Lex Loci Contractus for Insurance Choice of Law 1. Introduction In the landmark case of Scott Hammersmith v. TIG Insurance Company, 480 F.3d 220...

Rinick v. United States: Affirming the Subjective Knowledge Requirement for Obstruction of Justice Enhancement

Date: Mar 14, 2007

Rinick v. United States: Affirming the Subjective Knowledge Requirement for Obstruction of Justice Enhancement Introduction In the landmark case of United States of America v. William Rinick, the...

Affirmation of Reasonableness Standard in Supervised Release Revocations: United States v. Bungar

Date: Mar 6, 2007

Affirmation of Reasonableness Standard in Supervised Release Revocations: United States v. Bungar Introduction United States v. Ronald Bungar, 478 F.3d 540 (3d Cir. 2007), is a pivotal appellate...

Kibinda v. Attorney General of the United States: Upholding Strict Standards for Asylum and CAT Relief

Date: Feb 21, 2007

Kibinda v. Attorney General of the United States: Upholding Strict Standards for Asylum and CAT Relief Introduction Valerio Fortunato Tuali Kibinda, a native of Cabinda, Angola, contested the denial...

Revisiting the Warrant Requirement: Insights from Antonio D. Watson et al. v. Abington Township et al.

Date: Feb 17, 2007

Revisiting the Warrant Requirement: Insights from Antonio D. Watson et al. v. Abington Township et al. Introduction The case of Antonio D. Watson; Tony Tix, Inc.; Gerald W. Kelly; Just Jerry's Inc.,...

Third Circuit Clarifies the Scope of Probable Cause in Malicious Prosecution Claims

Date: Feb 15, 2007

Third Circuit Clarifies the Scope of Probable Cause in Malicious Prosecution Claims Introduction The case of Gamal Johnson v. Parole Agent David Knorr (No. 05-5029), adjudicated by the United States...

Affirmation of Summary Judgment under Dragonetti Act: Necessity of Expert Testimony in Legal Malpractice Claims

Date: Feb 15, 2007

Affirmation of Summary Judgment under Dragonetti Act: Necessity of Expert Testimony in Legal Malpractice Claims Introduction In the case of Christopher Schmidt, D.O., Appellant v. J. Craig Currie,...

Third Circuit Reverses Summary Judgment in Rehabilitation Act Disability Discrimination Case

Date: Feb 8, 2007

Third Circuit Reverses Summary Judgment in Rehabilitation Act Disability Discrimination Case Introduction In the case of Richard M. Wishkin v. John E. Potter, Postmaster General, the United States...

Clarifying Due Process in Sentencing Enhancements: Analysis of United States v. Grier

Date: Feb 6, 2007

Clarifying Due Process in Sentencing Enhancements: Analysis of United States v. Grier Introduction United States of America v. Sean Michael Grier (475 F.3d 556, Third Circuit, 2007) presents a...

Third Circuit Upholds Congressional Abrogation of Eleventh Amendment Sovereign Immunity Under ADA Title II in Public Education Context

Date: Feb 2, 2007

Third Circuit Upholds Congressional Abrogation of Eleventh Amendment Sovereign Immunity Under ADA Title II in Public Education Context Introduction The case of Kathleen Bowers v. The National...

Rehabilitation Act Exhaustion Requirements Affirmed as Prudential, and Procedural Due Process in Private Employment with Government Influence

Date: Jan 30, 2007

Rehabilitation Act Exhaustion Requirements Affirmed as Prudential, and Procedural Due Process in Private Employment with Government Influence Introduction In the case of John Wilson; Frank Kryjer;...

Clear Repudiation Rule Determines Accrual Date for Non-Fiduciary ERISA Claims

Date: Jan 30, 2007

Clear Repudiation Rule Determines Accrual Date for Non-Fiduciary ERISA Claims Introduction Paul Miller v. Fortis Benefits Insurance Company and Resorts International Hotel is a pivotal case...

Third Circuit Establishes Strict Standards for Applying Social Security Guidelines in Presence of Nonexertional Limitations: Poulos v. Commissioner

Date: Jan 25, 2007

Third Circuit Establishes Strict Standards for Applying Social Security Guidelines in Presence of Nonexertional Limitations: Poulos v. Commissioner Introduction Poulos v. Commissioner of Social...

Mandatory Consecutive Sentencing Under 18 U.S.C. § 924(c): Analysis of United States v. Michael Walker

Date: Jan 17, 2007

Mandatory Consecutive Sentencing Under 18 U.S.C. § 924(c): Analysis of United States v. Michael Walker Introduction In United States v. Michael Walker, 473 F.3d 71 (3rd Cir. 2007), the United States...

Affirmation of Jurisdictional Bar under the False Claims Act: Atkinson v. PA Shipbuilding Co.

Date: Jan 13, 2007

Affirmation of Jurisdictional Bar under the False Claims Act: Atkinson v. PA Shipbuilding Co. Introduction The case of UNITED STATES of America, ex rel., Paul E. ATKINSON; Eugene Schorsch v. PA...

Younger Abstention Applied to Chancery Court Proceedings: Brooks-McCollum v. State of Delaware

Date: Jan 12, 2007

Younger Abstention Applied to Chancery Court Proceedings: Brooks-McCollum v. State of Delaware Introduction In the case of Cathy D. Brooks-McCollum v. State of Delaware, the United States Court of...

Third Circuit Refines Application of 'Unreasonably Dangerous' in Strict Product Liability: Insights from Moyer v. United Dominion Industries

Date: Jan 10, 2007

Third Circuit Refines Application of 'Unreasonably Dangerous' in Strict Product Liability: Insights from Moyer v. United Dominion Industries Introduction In the landmark case of Moyer v. United...