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  • Commentaries
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3d Circuit Case Commentaries

Applying the Lanham Act to Insurance Advertising: Highmark v. UPMC

Applying the Lanham Act to Insurance Advertising: Highmark v. UPMC

Date: Dec 22, 2001
Applying the Lanham Act to Insurance Advertising: Highmark v. UPMC Introduction The case of Highmark, Incorporated v. UPMC Health Plan, Incorporated (276 F.3d 160) adjudicated by the United States...
Enhancing Sentences Under U.S.S.G. § 3C1.1: Insights from United States v. Robert Jenkins

Enhancing Sentences Under U.S.S.G. § 3C1.1: Insights from United States v. Robert Jenkins

Date: Dec 21, 2001
Enhancing Sentences Under U.S.S.G. § 3C1.1: Insights from United States v. Robert Jenkins Introduction The case of United States v. Robert Jenkins, adjudicated by the United States Court of Appeals...
Validity of Waiver of Appeal in Guilty Plea Agreements: Analysis of United States v. Khattak

Validity of Waiver of Appeal in Guilty Plea Agreements: Analysis of United States v. Khattak

Date: Dec 7, 2001
Validity of Waiver of Appeal in Guilty Plea Agreements: Analysis of United States v. Khattak Introduction The case of United States of America v. Gul Khan Khattak, decided by the United States Court...
Beneficial Ownership as a Prerequisite for Section 13(d) Group Membership: Analysis of Rosenberg v. XM Ventures

Beneficial Ownership as a Prerequisite for Section 13(d) Group Membership: Analysis of Rosenberg v. XM Ventures

Date: Dec 6, 2001
Beneficial Ownership as a Prerequisite for Section 13(d) Group Membership: Analysis of Rosenberg v. XM Ventures Introduction In the realm of federal securities law, the delineation of beneficial...
Enhanced Sentencing for Securities Fraud in United States v. Hart et al. (273 F.3d 363)

Enhanced Sentencing for Securities Fraud in United States v. Hart et al. (273 F.3d 363)

Date: Nov 30, 2001
Enhanced Sentencing for Securities Fraud in United States v. Hart et al. (273 F.3d 363) Introduction United States v. Sean Hart, Neil White, Joseph Orlando, Lawrence Weil, 273 F.3d 363 (3d Cir....
Reaffirming RICO's Application to Public Corruption and Clarifying Honest Services Fraud: United States v. Frank Antico, Sr.

Reaffirming RICO's Application to Public Corruption and Clarifying Honest Services Fraud: United States v. Frank Antico, Sr.

Date: Nov 29, 2001
Reaffirming RICO's Application to Public Corruption and Clarifying Honest Services Fraud: United States v. Frank Antico, Sr. Introduction United States v. Frank Antico, Sr. is a landmark case...
Emotional Distress and Attorneys' Fees in Racial Discrimination Cases: Insights from Evans v. Port Authority of N.Y. and N.J.

Emotional Distress and Attorneys' Fees in Racial Discrimination Cases: Insights from Evans v. Port Authority of N.Y. and N.J.

Date: Nov 29, 2001
Emotional Distress and Attorneys' Fees in Racial Discrimination Cases: Insights from Evans v. Port Authority of N.Y. and N.J. Introduction The case of Janet L. Evans v. Port Authority of New York and...
Application of AEDPA's One-Year Limitation and Tolling in Habeas Corpus Petitions: Ke v. Thomas Analysis

Application of AEDPA's One-Year Limitation and Tolling in Habeas Corpus Petitions: Ke v. Thomas Analysis

Date: Nov 29, 2001
Application of AEDPA's One-Year Limitation and Tolling in Habeas Corpus Petitions: Ke v. Thomas Analysis 1. Introduction Kevin A. Thomas, the petitioner, was convicted of first-degree murder and...
Mandamus Review Standards for Criminal Case Transfers under Fed. R. Crim. P. 21(b)

Mandamus Review Standards for Criminal Case Transfers under Fed. R. Crim. P. 21(b)

Date: Nov 22, 2001
Mandamus Review Standards for Criminal Case Transfers under Fed. R. Crim. P. 21(b) Introduction The case of In re UNITED STATES of America, Petitioner, filed under No. 01-2562 before the United...
Affirmation of Witherspoon Standards in Death Penalty Sentencing: Insights from Joseph Szuchon v. Lehman

Affirmation of Witherspoon Standards in Death Penalty Sentencing: Insights from Joseph Szuchon v. Lehman

Date: Nov 21, 2001
Affirmation of Witherspoon Standards in Death Penalty Sentencing: Insights from Joseph Szuchon v. Lehman Introduction Joseph Szuchon v. Joseph Lehman, 273 F.3d 299 (3d Cir. 2001), presents a critical...
Reinforcing Qualified Immunity Standards in Bivens Actions: Third Circuit's Decision in McLaughlin v. Watson

Reinforcing Qualified Immunity Standards in Bivens Actions: Third Circuit's Decision in McLaughlin v. Watson

Date: Nov 21, 2001
Reinforcing Qualified Immunity Standards in Bivens Actions: Third Circuit's Decision in McLaughlin v. Watson Introduction The case of John McLaughlin et al. v. Alex Watson et al. adjudicated by the...
Morris County v. Nationalist Movement: Clarifying Mootness Doctrine and Attorney's Fees in First Amendment Cases

Morris County v. Nationalist Movement: Clarifying Mootness Doctrine and Attorney's Fees in First Amendment Cases

Date: Nov 17, 2001
Morris County v. Nationalist Movement: Clarifying Mootness Doctrine and Attorney's Fees in First Amendment Cases Introduction The case of County of Morris v. Nationalist Movement centers on the...
Affirmation of Summary Judgment in GFL Advantage Fund, Ltd. v. Colkitt: Short Selling Not Per Se Market Manipulation

Affirmation of Summary Judgment in GFL Advantage Fund, Ltd. v. Colkitt: Short Selling Not Per Se Market Manipulation

Date: Nov 17, 2001
Affirmation of Summary Judgment in GFL Advantage Fund, Ltd. v. Colkitt: Short Selling Not Per Se Market Manipulation Introduction In the case of GFL Advantage Fund, Ltd., a British Virgin Islands...
Establishing the 'Shocks to the Conscience' Standard for Excessive Force in Schools: Gottlieb v. Laurel Highlands School District

Establishing the 'Shocks to the Conscience' Standard for Excessive Force in Schools: Gottlieb v. Laurel Highlands School District

Date: Nov 16, 2001
Establishing the 'Shocks to the Conscience' Standard for Excessive Force in Schools: Gottlieb v. Laurel Highlands School District Introduction Gottlieb v. Laurel Highlands School District is a...
Reaffirming the Implied Covenant of Good Faith in Commercial Lease Agreements: The Huang v. BP Amoco Decision

Reaffirming the Implied Covenant of Good Faith in Commercial Lease Agreements: The Huang v. BP Amoco Decision

Date: Nov 9, 2001
Reaffirming the Implied Covenant of Good Faith in Commercial Lease Agreements: The Huang v. BP Amoco Decision Introduction Huang v. BP Amoco Corporation is a pivotal case adjudicated by the United...
Sentencing Based on Actual Drug Constitutes Proper Application of Apprendi: Analysis of United States v. Barbosa

Sentencing Based on Actual Drug Constitutes Proper Application of Apprendi: Analysis of United States v. Barbosa

Date: Nov 7, 2001
Sentencing Based on Actual Drug Constitutes Proper Application of Apprendi: Analysis of United States v. Barbosa Introduction Case: United States of America v. Luis Humberto Barbosa, Appellant....
MCI Telecommunications v. Bell Atlantic-Pennsylvania: Eleventh Amendment Immunity and Interconnection Agreements

MCI Telecommunications v. Bell Atlantic-Pennsylvania: Eleventh Amendment Immunity and Interconnection Agreements

Date: Nov 3, 2001
MCI Telecommunications v. Bell Atlantic-Pennsylvania: Eleventh Amendment Immunity and Interconnection Agreements Introduction The case of MCI Telecommunication Corporation, et al. versus Bell...
Specific Jurisdiction and Arbitration Clause Interpretation in International Contracts: Insights from General Electric Co. v. Deutz AG

Specific Jurisdiction and Arbitration Clause Interpretation in International Contracts: Insights from General Electric Co. v. Deutz AG

Date: Nov 1, 2001
Specific Jurisdiction and Arbitration Clause Interpretation in International Contracts: Insights from General Electric Co. v. Deutz AG 1. Introduction General Electric Company v. Deutz AG is a...
Establishing Pinkerton Liability in the Virgin Islands: A Comprehensive Analysis of United States v. Louis Lopez, Jr.

Establishing Pinkerton Liability in the Virgin Islands: A Comprehensive Analysis of United States v. Louis Lopez, Jr.

Date: Oct 25, 2001
Establishing Pinkerton Liability in the Virgin Islands: A Comprehensive Analysis of United States v. Louis Lopez, Jr. Introduction The case of United States of America v. Louis Lopez, Jr., along with...
No Likelihood of Confusion in Trademark Infringement Between Distinct Security Providers

No Likelihood of Confusion in Trademark Infringement Between Distinct Security Providers

Date: Oct 20, 2001
No Likelihood of Confusion in Trademark Infringement Between Distinct Security Providers Introduction In the case of Checkpoint Systems, Inc. v. Check Point Software Technologies, Inc., the United...
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