3d Circuit Case Commentaries

Third Circuit Affirms Preliminary Injunction on Police Bureau Order Restricting Expert Testimony, Reinforcing NTEU Standards for Public Employee Speech

Date: Jul 20, 2002

Third Circuit Affirms Preliminary Injunction on Police Bureau Order Restricting Expert Testimony, Reinforcing NTEU Standards for Public Employee Speech Introduction In the case of Robert Swartzwelder...

Exhaustion of Plan Remedies in ERISA Fiduciary Duty Claims: D'Amico v. CBS Corporation

Date: Jul 19, 2002

Exhaustion of Plan Remedies in ERISA Fiduciary Duty Claims: D'Amico v. CBS Corporation Introduction In the landmark case of D'Amico et al. v. CBS Corporation, the United States Court of Appeals for...

Board of Trustees of Teamsters Local 863 Pension Fund v. Foodtown, Inc.: Establishing Trustee Standing in Withdrawal Liability Cases

Date: Jul 18, 2002

Board of Trustees of Teamsters Local 863 Pension Fund v. Foodtown, Inc.: Establishing Trustee Standing in Withdrawal Liability Cases Introduction In the landmark case of Board of Trustees of...

Equitable Tolling and Statute of Limitations in Lanham Act Trademark Infringement: Island Insteel Systems, Inc. v. Waters

Date: Jul 18, 2002

Equitable Tolling and Statute of Limitations in Lanham Act Trademark Infringement: Island Insteel Systems, Inc. v. Waters Introduction The case of Island Insteel Systems, Inc.; Island Insteel...

Third Circuit Establishes Liability for Legislative Intervenors in Fee-Shifting Actions

Date: Jul 12, 2002

Third Circuit Establishes Liability for Legislative Intervenors in Fee-Shifting Actions Introduction In the landmark case Planned Parenthood of Central New Jersey v. Attorney General of the State of...

Affirmation of Dismissal: Limits on Individual Liability under Title III of the ADA in Emerson v. Thiel College

Date: Jul 11, 2002

Affirmation of Dismissal: Limits on Individual Liability under Title III of the ADA in Emerson v. Thiel College Introduction Emerson v. Thiel College, 296 F.3d 184 (3d Cir. 2002), is a landmark...

Admissibility of Expert Testimony in Wrongful Death Litigation: Stecyk v. Bell Helicopter Textron

Date: Jul 4, 2002

Admissibility of Expert Testimony in Wrongful Death Litigation: Stecyk v. Bell Helicopter Textron Introduction The case of Stecyk v. Bell Helicopter Textron, Inc., 295 F.3d 408 (3d Cir. 2002),...

Stevens v. Delaware Correctional Center: Refining the Standard for Ineffective Assistance of Counsel in Investigative Obligations

Date: Jul 3, 2002

Stevens v. Delaware Correctional Center: Refining the Standard for Ineffective Assistance of Counsel in Investigative Obligations 1. Introduction Stevens v. Delaware Correctional Center, 295 F.3d 361...

Third Circuit Upholds Sentence in Campbell v. United States: Application of Apprendi in Drug Quantity Determinations

Date: Jul 3, 2002

Third Circuit Upholds Sentence in Campbell v. United States: Application of Apprendi in Drug Quantity Determinations Introduction United States of America v. Curtis Leroy Campbell, 295 F.3d 398 (3d...

Ineffective Assistance of Counsel in Capital Sentencing: CARPENTER v. VAUGHN

Date: Jul 2, 2002

Ineffective Assistance of Counsel in Capital Sentencing: CARPENTER v. VAUGHN Introduction CARPENTER v. VAUGHN, 296 F.3d 138 (3d Cir. 2002), is a pivotal case addressing the standards for ineffective...

Third Circuit Establishes AEDPA §2244(d)(2) Tolling Applies to Entire Habeas Corpus Petition

Date: Jun 28, 2002

Third Circuit Establishes AEDPA §2244(d)(2) Tolling Applies to Entire Habeas Corpus Petition Introduction In Ne v. N. G. Sweger, Jr., 294 F.3d 506 (3d Cir. 2002), the United States Court of Appeals...

Montgomery v. Ste: Expanding Standards for Appointing Counsel to Indigent Prisoners in Civil Rights Claims

Date: Jun 26, 2002

Montgomery v. Ste: Expanding Standards for Appointing Counsel to Indigent Prisoners in Civil Rights Claims Introduction In the landmark case Jeffery Montgomery v. Steven Pinchak et al., decided by...

Goodman v. Pennsylvania Turnpike Commission: Reinforcing Protections Against Political Patronage in Public Employment

Date: Jun 25, 2002

Goodman v. Pennsylvania Turnpike Commission: Reinforcing Protections Against Political Patronage in Public Employment Introduction Goodman v. Pennsylvania Turnpike Commission, 293 F.3d 655 (3d Cir....

Clarifying Standards for Conspiracy Under 18 U.S.C. § 241: Insights from United States v. Smith et al.

Date: Jun 25, 2002

Clarifying Standards for Conspiracy Under 18 U.S.C. § 241: Insights from United States v. Smith et al. Introduction In the landmark case of United States of America v. Thomas Smith, Brian Smith,...

Third Circuit Establishes Federal Protections Against Seizure of Veteran Disability Benefits in Correctional Settings

Date: Jun 13, 2002

Third Circuit Establishes Federal Protections Against Seizure of Veteran Disability Benefits in Correctional Settings Introduction In the landmark case of Vincent M. Higgins v. Howard L. Beyer et...

Duty to Intervene in Excessive Force Incidents: Insights from Smith v. Mensinger

Date: Jun 12, 2002

Duty to Intervene in Excessive Force Incidents: Insights from Smith v. Mensinger Introduction In the case of Carl M. Smith v. Robin Mensinger, adjudicated by the United States Court of Appeals for...

Affirmation of District Court's Dismissal in Prison Litigation under PLRA: Insights from Ali Ahmed v. Dragovich

Date: Jun 11, 2002

Affirmation of District Court's Dismissal in Prison Litigation under PLRA: Insights from Ali Ahmed v. Dragovich Introduction The case of Ali Ahmed (also known as Hiram McGill) v. Dragovich,...

3rd Circuit Clarifies Leave to Amend Rights for In Forma Pauperis §1983 Claims under PLRA §1915(e)(2)

Date: Jun 8, 2002

3rd Circuit Clarifies Leave to Amend Rights for In Forma Pauperis §1983 Claims under PLRA §1915(e)(2) Introduction The case of Grayson v. Mayview State Hospital; Allegheny County Jail; Camp Hill...

Rinehimer v. Cemcolift, Inc.: Establishing Limits on ADA Protections for Temporary Disabilities

Date: May 31, 2002

Rinehimer v. Cemcolift, Inc.: Establishing Limits on ADA Protections for Temporary Disabilities Introduction Gary L. Rinehimer v. Cemcolift, Inc., 292 F.3d 375 (3d Cir. 2002), is a pivotal case...

Establishing Personal Jurisdiction in Securities Fraud Cases: Pinker v. Roche Holdings Ltd.

Date: May 31, 2002

Establishing Personal Jurisdiction in Securities Fraud Cases: Pinker v. Roche Holdings Ltd. Introduction Pinker v. Roche Holdings Ltd. is a pivotal case in the realm of securities fraud and personal...

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