3d Circuit Case Commentaries

Adoption of 'Willful Blindness' Standard for Government Acquiescence under CAT: Silva-Rengifo v. Attorney General

Date: Jan 10, 2007

Adoption of 'Willful Blindness' Standard for Government Acquiescence under CAT: Silva-Rengifo v. Attorney General Introduction Carlos Silva-Rengifo v. Attorney General of the United States is a...

Strict Enforcement of FTCA Presentment Requirements Affirmed in Medina v. City of Philadelphia

Date: Jan 6, 2007

Strict Enforcement of FTCA Presentment Requirements Affirmed in Medina v. City of Philadelphia Introduction The case of Carmen Medina v. City of Philadelphia, U.S. Department of Housing and Urban...

Defining a Single Drug Conspiracy with Multiple Objectives and Evidentiary Standards: Insights from United States v. Sherman Bobb

Date: Dec 29, 2006

Defining a Single Drug Conspiracy with Multiple Objectives and Evidentiary Standards: Insights from United States v. Sherman Bobb Introduction United States v. Sherman Bobb is a significant appellate...

Slippery Rock University Employment Discrimination Reversed: Establishing Prima Facie Case Without Objective Qualifications

Date: Dec 20, 2006

Slippery Rock University Employment Discrimination Reversed: Establishing Prima Facie Case Without Objective Qualifications Introduction In the case of Judy Scheidemantle, Appellant v. Slippery Rock...

Third Circuit Affirms New Jersey Choice of Law in Survival Actions Involving Cross-State Interests

Date: Dec 19, 2006

Third Circuit Affirms New Jersey Choice of Law in Survival Actions Involving Cross-State Interests Introduction In Jean L. Lebegern, Administratrix Ad Prosequendum and Administratrix for the Estate...

MORGAN v. GAY: Federal Jurisdiction and the Class Action Fairness Act of 2005

Date: Dec 16, 2006

MORGAN v. GAY: Federal Jurisdiction and the Class Action Fairness Act of 2005 Introduction Case Citation: Sarah MORGAN, on behalf of herself and all others similarly situated v. Dennis W. GAY et al.,...

Mudric v. Attorney General: Establishing Limits on Procedural Due Process in Immigration Proceedings

Date: Nov 25, 2006

Mudric v. Attorney General: Establishing Limits on Procedural Due Process in Immigration Proceedings Introduction The case of Goran Mudric v. Attorney General of the United States, decided by the...

Equitable Remedies in ADA Discrimination: Spencer v. Wal-Mart Establishes Back Pay as Discretionary

Date: Nov 23, 2006

Equitable Remedies in ADA Discrimination: Spencer v. Wal-Mart Establishes Back Pay as Discretionary Introduction Spencer v. Wal-Mart Stores, Inc. is a seminal case adjudicated by the United States...

BEARD v. BANKS Confirms Nonretroactivity of MILLS v. MARYLAND: In-Depth Analysis of Albrecht v. Horn Decision

Date: Nov 22, 2006

BEARD v. BANKS Confirms Nonretroactivity of MILLS v. MARYLAND: In-Depth Analysis of Albrecht v. Horn Decision Introduction The case of Alfred Albrecht, Sr. v. Martin Horn, decided by the United...

Preserving the Role of Sentencing Guidelines Departures after Booker: A Detailed Examination of United States v. Jackson (467 F.3d 834)

Date: Nov 10, 2006

Preserving the Role of Sentencing Guidelines Departures after Booker: A Detailed Examination of United States v. Jackson (467 F.3d 834) Introduction United States of America v. Johnathan Ryan...

Affirmation of Consecutive Sentencing Authority in Supervised Release Revocation: United States v. Dees

Date: Nov 9, 2006

Affirmation of Consecutive Sentencing Authority in Supervised Release Revocation: United States v. Dees Introduction United States of America v. Joseph Dees, 467 F.3d 847 (3d Cir. 2006), addresses...

Preserving Claims Through Severance in Misjoinder Remedies: DIRECTV v. Leto

Date: Nov 7, 2006

Preserving Claims Through Severance in Misjoinder Remedies: DIRECTV v. Leto Introduction In the landmark case of DIRECTV, Inc. v. Bennie Leto, the United States Court of Appeals for the Third Circuit...

Balancing State Interests and Minor Party Rights: An Analysis of Rogers v. Corbett

Date: Nov 4, 2006

Balancing State Interests and Minor Party Rights: An Analysis of Rogers v. Corbett Introduction Rogers v. Corbett is a significant case adjudicated by the United States Court of Appeals for the Third...

Establishing Fiduciary Duty Standards in Class Actions: Insights from Hubber v. Taylor

Date: Nov 1, 2006

Establishing Fiduciary Duty Standards in Class Actions: Insights from Hubber v. Taylor Introduction The case of Ronald L. Huber et al. v. Robert G. Taylor, II et al., adjudicated by the United States...

ERISA Preemption in Severance Benefits: Hooven v. Exxon Mobil Corporation

Date: Oct 21, 2006

ERISA Preemption in Severance Benefits: Hooven v. Exxon Mobil Corporation Introduction Hooven v. Exxon Mobil Corporation, 465 F.3d 566 (3d Cir. 2006), addresses a critical issue concerning the...

Yarris v. County of Delaware: Immunity of Prosecutors and Detectives in Wrongful Conviction Cases

Date: Oct 3, 2006

Yarris v. County of Delaware: Immunity of Prosecutors and Detectives in Wrongful Conviction Cases Introduction Yarris v. County of Delaware is a landmark case in the realm of wrongful convictions and...

False and Misleading Debt Collection Practices: Analysis of Elizabeth Brown v. Card Service Center

Date: Sep 30, 2006

False and Misleading Debt Collection Practices: Analysis of Elizabeth Brown v. Card Service Center Introduction In the landmark case of Elizabeth Brown, On Behalf of Herself and All Others Similarly...

Outten v. Kearey: Reinforcing the Duty of Effective Counsel in Capital Sentencing

Date: Sep 29, 2006

Outten v. Kearey: Reinforcing the Duty of Effective Counsel in Capital Sentencing Introduction Outten v. Kearey is a pivotal decision by the United States Court of Appeals for the Third Circuit,...

Affirmation of Reasonable Suspicion Standard in Traffic Stops for Illegal Alien Transportation – United States v. Delfin-Colina

Date: Sep 23, 2006

Affirmation of Reasonable Suspicion Standard in Traffic Stops for Illegal Alien Transportation – United States v. Delfin-Colina Introduction United States v. Salvador Delfin-Colina is a significant...

Third Circuit Affirms Non-Purchase of Automatic Conversion Price Adjustments Under Section 16(b) – Morrison v. Madison Dearborn

Date: Sep 20, 2006

Third Circuit Affirms Non-Purchase of Automatic Conversion Price Adjustments Under Section 16(b) – Morrison v. Madison Dearborn Introduction The case of Morrison v. Madison Dearborn Capital Partners...