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  • Commentaries
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3d Circuit Case Commentaries

Carter v. McGrady: Upholding Qualified Immunity for Prison Officials in Retaliation Claims Against Jailhouse Lawyers

Carter v. McGrady: Upholding Qualified Immunity for Prison Officials in Retaliation Claims Against Jailhouse Lawyers

Date: May 30, 2002
Carter v. McGrady: Upholding Qualified Immunity for Prison Officials in Retaliation Claims Against Jailhouse Lawyers Disclaimer: This commentary is intended for informational purposes only and does...
Expansive Interpretation of "Opposing Party" under Federal Rule of Civil Procedure 13(a): Transamerica Occidental Life Insurance Co. v. Aviation Office of America, Inc.

Expansive Interpretation of "Opposing Party" under Federal Rule of Civil Procedure 13(a): Transamerica Occidental Life Insurance Co. v. Aviation Office of America, Inc.

Date: May 25, 2002
Expansive Interpretation of "Opposing Party" under Federal Rule of Civil Procedure 13(a): Transamerica Occidental Life Insurance Co. v. Aviation Office of America, Inc. Introduction The case of...
Torres v. Fauver: Third Circuit Limits Favorable Termination Rule for § 1983 Prison Condition Claims

Torres v. Fauver: Third Circuit Limits Favorable Termination Rule for § 1983 Prison Condition Claims

Date: May 24, 2002
Torres v. Fauver: Third Circuit Limits Favorable Termination Rule for § 1983 Prison Condition Claims Introduction Antonio Torres, a former inmate at New Jersey's Bayside State Prison, initiated a...
Restoration of Foreign Copyright and Safe Harbor Provisions: Dam Things from Denmark v. Russ Berrie Company

Restoration of Foreign Copyright and Safe Harbor Provisions: Dam Things from Denmark v. Russ Berrie Company

Date: May 15, 2002
Restoration of Foreign Copyright and Safe Harbor Provisions: Dam Things from Denmark v. Russ Berrie Company Introduction In the landmark case Dam Things from Denmark, a/k/a Troll Company ApS v. Russ...
Strict Enforcement of AEDPA's One-Year Limitation Period in Federal Habeas Petitions: Charles W. Simpson v. Robert W. Snyder

Strict Enforcement of AEDPA's One-Year Limitation Period in Federal Habeas Petitions: Charles W. Simpson v. Robert W. Snyder

Date: May 15, 2002
Strict Enforcement of AEDPA's One-Year Limitation Period in Federal Habeas Petitions: Charles W. Simpson v. Robert W. Snyder Introduction The case of Charles W. Simpson v. Robert W. Snyder addresses...
Third Circuit Upholds Preliminary Injunction Against Misleading Product Naming under Lanham Act

Third Circuit Upholds Preliminary Injunction Against Misleading Product Naming under Lanham Act

Date: May 15, 2002
Third Circuit Upholds Preliminary Injunction Against Misleading Product Naming under Lanham Act Introduction The case of Novartis Consumer Health, Inc. v. Johnson Johnson-Merck Consumer...
Issue Preclusion Upholds State Court Rulings on Collective Bargaining Obligations of Bi-State Agencies

Issue Preclusion Upholds State Court Rulings on Collective Bargaining Obligations of Bi-State Agencies

Date: May 15, 2002
Issue Preclusion Upholds State Court Rulings on Collective Bargaining Obligations of Bi-State Agencies Introduction The case of Delaware River Port Authority; Port Authority Transit Corporation, a...
Third Circuit Clarifies Standards for Reviewing Prima Facie Denials in Motions to Reopen under the Convention Against Torture

Third Circuit Clarifies Standards for Reviewing Prima Facie Denials in Motions to Reopen under the Convention Against Torture

Date: May 9, 2002
Third Circuit Clarifies Standards for Reviewing Prima Facie Denials in Motions to Reopen under the Convention Against Torture Introduction Tengiz Sevoian v. Ashcroft is a pivotal case adjudicated by...
Establishing 'Prevailing Party' Status for Attorney's Fees in Consent Decree Settlements under §1988: Insights from Truesdell v. Philadelphia Housing Authority

Establishing 'Prevailing Party' Status for Attorney's Fees in Consent Decree Settlements under §1988: Insights from Truesdell v. Philadelphia Housing Authority

Date: May 8, 2002
Establishing 'Prevailing Party' Status for Attorney's Fees in Consent Decree Settlements under §1988: Insights from Truesdell v. Philadelphia Housing Authority Introduction In the landmark case of...
Intentional Racial Discrimination in NCAA's Proposition 16: A New Legal Precedent

Intentional Racial Discrimination in NCAA's Proposition 16: A New Legal Precedent

Date: May 7, 2002
Intentional Racial Discrimination in NCAA's Proposition 16: A New Legal Precedent Introduction In the landmark case Kelly N. Pryor; Warren E. Spivey, Jr. v. National Collegiate Athletic Association,...
Establishing the Strickland Standard in Accomplice Liability: Gerald Everett v. Beard et al.

Establishing the Strickland Standard in Accomplice Liability: Gerald Everett v. Beard et al.

Date: May 3, 2002
Establishing the Strickland Standard in Accomplice Liability: Gerald Everett v. Beard et al. Introduction Gerald Everett v. Jeffrey A. Beard, Ph.D., Warden Sci Camp Hill; The District Attorney of the...
Collateral Estoppel in Eleventh Amendment Immunity: Insights from National Railroad Passenger Corp. v. Pennsylvania Public Utility Commission

Collateral Estoppel in Eleventh Amendment Immunity: Insights from National Railroad Passenger Corp. v. Pennsylvania Public Utility Commission

Date: May 2, 2002
Collateral Estoppel in Eleventh Amendment Immunity: Insights from National Railroad Passenger Corp. v. Pennsylvania Public Utility Commission Introduction The case of National Railroad Passenger...
Refining Qualified Immunity Standards for Due Process in Ziccardi v. City of Philadelphia

Refining Qualified Immunity Standards for Due Process in Ziccardi v. City of Philadelphia

Date: May 1, 2002
Refining Qualified Immunity Standards for Due Process in Ziccardi v. City of Philadelphia Introduction Ziccardi v. City of Philadelphia is a significant appellate decision from the United States...
Affirmation of Limited State Action Attribution in Crissman v. Dover Downs Entertainment Inc.

Affirmation of Limited State Action Attribution in Crissman v. Dover Downs Entertainment Inc.

Date: May 1, 2002
Affirmation of Limited State Action Attribution in Crissman v. Dover Downs Entertainment Inc. Introduction In Crissman v. Dover Downs Entertainment Inc., the United States Court of Appeals for the...
Reversal of Summary Dismissal in Trust and Corporate Fiduciary Dispute: WARDEN v. McLELLAND

Reversal of Summary Dismissal in Trust and Corporate Fiduciary Dispute: WARDEN v. McLELLAND

Date: May 1, 2002
Reversal of Summary Dismissal in Trust and Corporate Fiduciary Dispute: WARDEN v. McLELLAND Introduction The case of WARDEN v. McLELLAND presents a complex legal dispute between two brothers over the...
Establishing Independent Justifications for Warrantless Searches: Analysis of United States v. Marco Burton

Establishing Independent Justifications for Warrantless Searches: Analysis of United States v. Marco Burton

Date: Apr 30, 2002
Establishing Independent Justifications for Warrantless Searches: Analysis of United States v. Marco Burton Introduction United States of America v. Marco Burton is a pivotal case decided by the...
Standing to Assert Psychotherapeutic Privilege: Third Circuit Affirms Denial to Third-Party Beneficiaries

Standing to Assert Psychotherapeutic Privilege: Third Circuit Affirms Denial to Third-Party Beneficiaries

Date: Apr 26, 2002
Standing to Assert Psychotherapeutic Privilege: Third Circuit Affirms Denial to Third-Party Beneficiaries Introduction The case of Grace Burkert and Jacob Jamison, a minor, versus The Equitable Life...
Limiting Judicial Notice in §1927 Sanction Cases: Insights from LaSalle National Bank Appellate Decision

Limiting Judicial Notice in §1927 Sanction Cases: Insights from LaSalle National Bank Appellate Decision

Date: Apr 25, 2002
Limiting Judicial Notice in §1927 Sanction Cases: Insights from LaSalle National Bank Appellate Decision Introduction In the appellate case of LaSalle National Bank, as Trustee under Pooling Ser v....
Third Circuit Clarifies Scope of 42 USC §1983 Claims for Prisoners Regarding Treatment and Administrative Status

Third Circuit Clarifies Scope of 42 USC §1983 Claims for Prisoners Regarding Treatment and Administrative Status

Date: Apr 20, 2002
Third Circuit Clarifies Scope of 42 USC §1983 Claims for Prisoners Regarding Treatment and Administrative Status Introduction In the landmark case Charles A. Leamer, Jr. v. William H. Fauver, et al.,...
Affirmation of Denied Attorney’s Fees for Interim Relief under IDEA: J.O. v. Orange Township Board of Education

Affirmation of Denied Attorney’s Fees for Interim Relief under IDEA: J.O. v. Orange Township Board of Education

Date: Apr 17, 2002
Affirmation of Denied Attorney’s Fees for Interim Relief under IDEA: J.O. v. Orange Township Board of Education Introduction The case J.O., on behalf of C.O., and J.O., Appellant, v. Orange Township...
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