3d Circuit Case Commentaries

Third Circuit Clarifies Standards for Attorney’s Fees under ADA and LAD in Lanni v. State of New Jersey

Date: Jun 6, 2001

Third Circuit Clarifies Standards for Attorney’s Fees under ADA and LAD in Lanni v. State of New Jersey Introduction The case of Philip J. Lanni v. State of New Jersey addressed significant issues...

Emerson Radio Corp. v. Orion Sales Inc.: Establishing Standards for Implied Obligations in Licensing Agreements

Date: Jun 6, 2001

Emerson Radio Corp. v. Orion Sales Inc.: Establishing Standards for Implied Obligations in Licensing Agreements Introduction In Emerson Radio Corp. v. Orion Sales, Inc., the United States Court of...

COADY v. VAUGHN: Clarifying Habeas Corpus Procedures and Mandatory Exhaustion of State Remedies

Date: Jun 1, 2001

COADY v. VAUGHN: Clarifying Habeas Corpus Procedures and Mandatory Exhaustion of State Remedies Introduction COADY v. VAUGHN, 251 F.3d 480 (3d Cir. 2001), is a pivotal case addressing the procedural...

Pryer v. C.O. 3 Slavic: Comprehensive Analysis of Interwoven Liability and Damages in Civil Rights Litigation

Date: May 31, 2001

Pryer v. C.O. 3 Slavic: Comprehensive Analysis of Interwoven Liability and Damages in Civil Rights Litigation Introduction The case of Raymond T. Pryer v. C.O. 3 Slavic et al. (251 F.3d 448) is a...

Defining Judicial Review Standards for Top Hat ERISA Plans in Goldstein v. Johnson Johnson

Date: May 26, 2001

Defining Judicial Review Standards for Top Hat ERISA Plans in Goldstein v. Johnson Johnson Introduction Goldstein v. Johnson Johnson is a pivotal case decided by the United States Court of Appeals,...

Reaffirming Statutory Limitations for Employment Discrimination Claims: Burgh v. Borough Council of Montrose

Date: May 26, 2001

Reaffirming Statutory Limitations for Employment Discrimination Claims: Burgh v. Borough Council of Montrose Introduction In the case of Timothy M. Burgh v. Borough Council of The Borough of...

Resentencing Affirmed for Violation of Allocution Rights Under Rule 32(c)(3)(C) – United States v. Adams

Date: May 24, 2001

Resentencing Affirmed for Violation of Allocution Rights Under Rule 32(c)(3)(C) – United States v. Adams Introduction In the case of United States of America v. Michael Anthony Adams, the Third...

Weston v. Commonwealth of Pennsylvania: Expanding Hostile Work Environment Claims in Corrections Facilities

Date: May 23, 2001

Weston v. Commonwealth of Pennsylvania: Expanding Hostile Work Environment Claims in Corrections Facilities Introduction In the landmark case of Michael A. Weston; Deborah Weston, H/W, Appellants, v....

Affirmation of Plea Withdrawal Standards and Sentencing Guidelines in United States v. Melvinisha Brown

Date: May 23, 2001

Affirmation of Plea Withdrawal Standards and Sentencing Guidelines in United States v. Melvinisha Brown Introduction In United States v. Melvinisha Brown, 250 F.3d 811 (3d Cir. 2001), the United...

Affirmation of Dismissal in Black Smokers v. Tobacco Companies: Implications for Civil Rights Claims Against Private Entities

Date: May 18, 2001

Affirmation of Dismissal in Black Smokers v. Tobacco Companies: Implications for Civil Rights Claims Against Private Entities 1. Introduction Black Smokers v. Tobacco Companies is a significant case...

Amendment of Legal Claims in Class Actions: Insights from Cureton v. NCAA

Date: May 17, 2001

Amendment of Legal Claims in Class Actions: Insights from Cureton v. NCAA Introduction CURETON v. NATIONAL COLLEGIATE ATHLETIC ASSociation is a landmark case adjudicated by the United States Court of...

Procedural Default and Ineffective Assistance: Insights from KELLER v. LARKINS

Date: May 16, 2001

Procedural Default and Ineffective Assistance: Insights from KELLER v. LARKINS Introduction Kerby Keane KELLER v. LARKINS, 251 F.3d 408 (3d Cir. 2001), is a significant case adjudicated by the United...

Appel v. Horn: Establishing Constructive Denial of Counsel under the Sixth Amendment

Date: May 4, 2001

Appel v. Horn: Establishing Constructive Denial of Counsel under the Sixth Amendment Introduction Appel v. Horn is a landmark case adjudicated by the United States Court of Appeals, Third Circuit in...

Enhanced Protection for Public Employee Whistleblowers: Mark G. Baldassare v. State of New Jersey

Date: May 3, 2001

Enhanced Protection for Public Employee Whistleblowers: Mark G. Baldassare v. State of New Jersey Introduction In the case of Mark G. Baldassare, Appellant, v. The State of New Jersey, the United...

ERISA Preemption: Self-Funded Employee Benefit Plans with Stop-Loss Insurance Not Subject to State Anti-Subrogation Laws

Date: Apr 27, 2001

ERISA Preemption: Self-Funded Employee Benefit Plans with Stop-Loss Insurance Not Subject to State Anti-Subrogation Laws Introduction In the case of Bill Gray Enterprises, Incorporated Employee...

TICE v. CENTRE AREA TRANSPORTATION AUTHORITY: Clarifying ADA's Medical Examination Provisions

Date: Apr 24, 2001

TICE v. CENTRE AREA TRANSPORTATION AUTHORITY: Clarifying ADA's Medical Examination Provisions Introduction In Randy L. Tice v. Centre Area Transportation Authority, 247 F.3d 506 (3d Cir. 2001), the...

Third Circuit Validates No-Hire Covenants Under Sherman Act Rule of Reason and Recognizes Prima Facie ERISA §510 Claim

Date: Apr 24, 2001

Third Circuit Validates No-Hire Covenants Under Sherman Act Rule of Reason and Recognizes Prima Facie ERISA §510 Claim Introduction The case of Eichorn et al. v. AT&T Corp., Lucent Technologies,...

Strict Adherence to Plea Agreements Affirmed: Dunn v. Colleran

Date: Apr 21, 2001

Strict Adherence to Plea Agreements Affirmed: Dunn v. Colleran Introduction In the landmark case John William Dunn v. Raymond J. Colleran, decided by the United States Court of Appeals for the Third...

Arbitration Clauses and Successor Liability: Insights from Medtronic AVE, Inc. v. Advanced Cardiovascular Systems, Inc.

Date: Apr 18, 2001

Arbitration Clauses and Successor Liability: Insights from Medtronic AVE, Inc. v. Advanced Cardiovascular Systems, Inc. Introduction The case of Medtronic AVE, Inc. v. Advanced Cardiovascular...

Third Circuit Establishes Certiorari Filing Period Does Not Toll Federal Habeas Limitations under 28 U.S.C. §2244(d)(2)

Date: Apr 18, 2001

Third Circuit Establishes Certiorari Filing Period Does Not Toll Federal Habeas Limitations under 28 U.S.C. §2244(d)(2) Introduction In the landmark case of Willie Stokes v. The District Attorney of...

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