3d Circuit Case Commentaries

Economic Loss Doctrine Applied to Consumer Fraud Claims under Pennsylvania's UTPCPL

Date: Apr 16, 2002

Economic Loss Doctrine Applied to Consumer Fraud Claims under Pennsylvania's UTPCPL Introduction In the case of Robert N. Werwinski, Jr.; Elizabeth C. Werwinski; Jean C. Cook; Donna Coffey; Joseph...

Exhaustion of Administrative Remedies as an Affirmative Defense under PLRA: Insights from Frederick T. Ray v. Kertes et al.

Date: Apr 4, 2002

Exhaustion of Administrative Remedies as an Affirmative Defense under PLRA: Insights from Frederick T. Ray v. Kertes et al. Introduction Frederick T. Ray v. C.O. Kertes; C.O. Stolz; C.O. Reed; C.O....

Enhancing Jurisdictional Clarity in Settlement Dismissals: Shaffer v. GTE North, Inc.

Date: Mar 29, 2002

Enhancing Jurisdictional Clarity in Settlement Dismissals: Shaffer v. GTE North, Inc. Introduction In the pivotal case of Brenda L. Shaffer v. GTE North, Inc. (284 F.3d 500, 3rd Cir. 2002), the...

Evaluating Reasonable Suspicion: The Nelson Decision and the Reliability of Informant Tips

Date: Mar 27, 2002

Evaluating Reasonable Suspicion: The Nelson Decision and the Reliability of Informant Tips Introduction The case of United States of America v. Terrance Nelson, decided by the United States Court of...

Expanding Anti-Retaliation Protections: Third-Party Claims Under ADA Affirmed

Date: Mar 19, 2002

Expanding Anti-Retaliation Protections: Third-Party Claims Under ADA Affirmed Introduction The case of Gregory Fogleman v. Mercy Hospital, Inc. (283 F.3d 561) adjudicated by the United States Court...

Affirmation of Summary Judgment in FHAA Discrimination Case: Lapid-Laurel v. Township of Scotch Plains

Date: Mar 16, 2002

Affirmation of Summary Judgment in FHAA Discrimination Case: Lapid-Laurel v. Township of Scotch Plains Introduction The case of LAPID-LAUREL, L.L.C.; John and Jane Doe, Appellants versus ZONING BOARD...

Third Circuit Affirms Denial of Free Exercise Rights in Designating Five Percent Nation as a Security Threat Group

Date: Mar 14, 2002

Third Circuit Affirms Denial of Free Exercise Rights in Designating Five Percent Nation as a Security Threat Group Introduction The case of Jael Fraise, Alexander Kettles, and John Harris v. James...

Finality and Appealability of Arbitration-Directing Orders Post-Green Tree and Fee Allocation Challenges

Date: Mar 14, 2002

Finality and Appealability of Arbitration-Directing Orders Post-Green Tree and Fee Allocation Challenges Introduction The case of Diane Blair v. Scott Specialty Gases adjudicated by the United States...

Clarifying the Admissibility of Prior Sexual Assault Evidence Under Federal Rule of Evidence 415: Johnson v. Elk Lake School District

Date: Mar 2, 2002

Clarifying the Admissibility of Prior Sexual Assault Evidence Under Federal Rule of Evidence 415: Johnson v. Elk Lake School District Introduction The case of Betsy Sue Johnson v. Elk Lake School...

Reaffirmation of Procedural Default and Exhaustion Doctrine in Cristin v. Brennan

Date: Feb 28, 2002

Reaffirmation of Procedural Default and Exhaustion Doctrine in Cristin v. Brennan Introduction In the landmark case of Martin Cristin aka Danny Stanton v. Edward Brennan, Superintendent; the Attorney...

Third Circuit Establishes Robust Federal Jurisdiction Over Complex MDL Class Actions

Date: Feb 27, 2002

Third Circuit Establishes Robust Federal Jurisdiction Over Complex MDL Class Actions Introduction The case of In re DIET DRUGS (Phentermine, Fenfluramine, Dexfenfluramine) Products Liability...

Affirmation of Abstention Doctrine in State Disciplinary Proceedings: ZAHL v. Harper

Date: Feb 27, 2002

Affirmation of Abstention Doctrine in State Disciplinary Proceedings: ZAHL v. Harper Introduction The case of Kenneth ZAHL, Appellant, v. Douglas J. Harper addressed critical issues surrounding the...

Subordination of Breach of Contract Claims Under 11 U.S.C. § 510(b): In re Telegroup, Inc. Baroda Hill Investments, Ltd. Case Commentary

Date: Feb 16, 2002

Subordination of Breach of Contract Claims Under 11 U.S.C. § 510(b): In re Telegroup, Inc. Baroda Hill Investments, Ltd. Case Commentary Introduction The case In re Telegroup, Inc. Baroda Hill...

Federal Rules Do Not Preempt State Malicious Abuse of Process Claims: U.S. Express Lines v. Higgins

Date: Feb 16, 2002

Federal Rules Do Not Preempt State Malicious Abuse of Process Claims: U.S. Express Lines v. Higgins Introduction The case U.S. Express Lines, Ltd. et al. v. Ann-Michele Higgins, Esq. et al. was...

Limiting the Scope of "Aggravated Felony" in Immigration Law: Insights from Da v. Gerbier

Date: Feb 9, 2002

Limiting the Scope of "Aggravated Felony" in Immigration Law: Insights from Da v. Gerbier Introduction Da v. Gerbier, Appellant (280 F.3d 297) is a landmark decision by the United States Court of...

No Annual Fee Deception: Fleet Bank’s Violation of the Truth in Lending Act

Date: Feb 9, 2002

No Annual Fee Deception: Fleet Bank’s Violation of the Truth in Lending Act Introduction The case of Paula E. Rossman v. Fleet Bank (R.I.) National Association, adjudicated by the United States Court...

Third Circuit Upholds Qualified and Absolute Immunity in §1983 Malicious Prosecution Case

Date: Feb 8, 2002

Third Circuit Upholds Qualified and Absolute Immunity in §1983 Malicious Prosecution Case Introduction In Christopher F. Donahue v. James Gavin, 280 F.3d 371 (3rd Cir. 2002), the United States Court...

Expanding the Boundaries of Associational and Third-Party Standing: Pennsylvania Psychiatric Society v. Green Spring Health Services

Date: Feb 7, 2002

Expanding the Boundaries of Associational and Third-Party Standing: Pennsylvania Psychiatric Society v. Green Spring Health Services Introduction The case of Pennsylvania Psychiatric Society,...

Limitations on Rule 33 Motions: Codefendant Testimony and Newly Discovered Evidence in United States v. Jasin

Date: Feb 6, 2002

Limitations on Rule 33 Motions: Codefendant Testimony and Newly Discovered Evidence in United States v. Jasin Introduction United States v. Thomas P. Jasin, decided by the United States Court of...

Whitney v. Horn: Standards for Jury Instructions on Voluntary Intoxication and Counsel's Duty in Capital Cases

Date: Feb 6, 2002

Whitney v. Horn: Standards for Jury Instructions on Voluntary Intoxication and Counsel's Duty in Capital Cases Introduction In the landmark case of Raymond Whitney v. Martin Horn, Commissioner,...

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