3d Circuit Case Commentaries

State Action and Fourth Amendment Violations in Private Repossessions: Elizabeth Harvey v. Plains Township Police Department

Date: Aug 31, 2005

State Action and Fourth Amendment Violations in Private Repossessions: Elizabeth Harvey v. Plains Township Police Department Introduction The case of Elizabeth Harvey v. Plains Township Police...

Reversal of Summary Judgment in Copyright Infringement: Kay Berry, Inc. v. Taylor Gifts, Inc.; Bandwagon, Inc.

Date: Aug 31, 2005

Reversal of Summary Judgment in Copyright Infringement: Kay Berry, Inc. v. Taylor Gifts, Inc.; Bandwagon, Inc. Introduction The case of Kay Berry, Inc. v. Taylor Gifts, Inc.; Bandwagon, Inc.,...

Clarifying CAT Claims and Jurisdiction Post-REAL ID Act: Comprehensive Analysis of Kamara v. Attorney General of the United States

Date: Aug 30, 2005

Clarifying CAT Claims and Jurisdiction Post-REAL ID Act: Comprehensive Analysis of Kamara v. Attorney General of the United States Introduction Mohamed Kamara, a native of Sierra Leone, found himself...

Comprehensive Commentary on Lawrence M. Davis v. City of Trenton: Establishing Standards for Retaliation under CEPA and Hostile Work Environment Claims

Date: Aug 27, 2005

Comprehensive Commentary on Lawrence M. Davis v. City of Trenton: Establishing Standards for Retaliation under CEPA and Hostile Work Environment Claims Introduction The case of Lawrence M. Davis v....

Sufficient Legal Interest Required for Intervention: Third Circuit Upholds Denial in Liberty Mutual v. Treesdale

Date: Aug 16, 2005

Sufficient Legal Interest Required for Intervention: Third Circuit Upholds Denial in Liberty Mutual v. Treesdale Introduction In the case of Liberty Mutual Insurance Company v. Treesdale, Inc.,...

Substantive Consolidation in Bankruptcy: Insights from IN RE OWENS CORNING

Date: Aug 16, 2005

Substantive Consolidation in Bankruptcy: Insights from IN RE OWENS CORNING Introduction The case of In re: Owens Corning, adjudicated by the United States Court of Appeals for the Third Circuit in...

Promotions Despite Lack of Qualifications as Grounds for Prima Facie Title VII Discrimination Claims: Cherie Hugh v. Butler County Family YMCA

Date: Aug 13, 2005

Promotions Despite Lack of Qualifications as Grounds for Prima Facie Title VII Discrimination Claims: Cherie Hugh v. Butler County Family YMCA Introduction Cherie Hugh v. Butler County Family YMCA,...

Limitations on Appellate Review of Filing Fee Orders under 28 U.S.C. § 1914: Third Circuit's Decision in IN RE DIET DRUGS Litigation

Date: Aug 12, 2005

Limitations on Appellate Review of Filing Fee Orders under 28 U.S.C. § 1914: Third Circuit's Decision in IN RE DIET DRUGS Litigation Introduction The case In re: DIET DRUGS...

Clarifying the Role of Social Security Rulings in Non-Exertional Impairment Cases: Allen v. Barnhart

Date: Aug 9, 2005

Clarifying the Role of Social Security Rulings in Non-Exertional Impairment Cases: Allen v. Barnhart Introduction William D. Allen v. Joanne B. Barnhart, Commissioner of Social Security, 417 F.3d 396...

Third Circuit Affirms Statute of Limitations and Limits on Duty to Defend in Insurance Bad Faith Claims: Sikirica v. Nationwide Insurance

Date: Aug 5, 2005

Third Circuit Affirms Statute of Limitations and Limits on Duty to Defend in Insurance Bad Faith Claims: Sikirica v. Nationwide Insurance Introduction Peoples Beauty Academy Inc.'s trustee, Jeffrey...

Search Warrant Particularity and Anonymous Tips in Multi-unit Dwellings: Go v. Ritter Commentary

Date: Aug 4, 2005

Search Warrant Particularity and Anonymous Tips in Multi-unit Dwellings: Go v. Ritter Commentary Introduction In the case of United States of America; Government of the Virgin Islands v. Ernie...

Federal Notice Pleading Prevails Over Delaware's Chancery Standards in Fiduciary Duty Breach Claims

Date: Aug 4, 2005

Federal Notice Pleading Prevails Over Delaware's Chancery Standards in Fiduciary Duty Breach Claims Introduction The case of In re: Tower Air, Inc., Debtor. Charles A. Stanziale, Chapter 7 Trustee of...

Reversal of Younger Abstention in Hague Convention Petitions: Yang v. Tsui

Date: Aug 4, 2005

Reversal of Younger Abstention in Hague Convention Petitions: Yang v. Tsui Introduction Tsai-Yi Yang and Fu-Chiang Tsui were involved in a cross-border custody dispute over their daughter. Yang, a...

Reinforcing Exhaustion of Administrative Remedies in Immigration Proceedings: Bonhometre v. Gonzales

Date: Jul 16, 2005

Reinforcing Exhaustion of Administrative Remedies in Immigration Proceedings: Bonhometre v. Gonzales Introduction Bonhometre v. Gonzales is a pivotal case decided by the United States Court of...

Police Approach to Parked Vans Does Not Constitute an Unreasonable Seizure Under the Fourth Amendment

Date: Jul 2, 2005

Police Approach to Parked Vans Does Not Constitute an Unreasonable Seizure Under the Fourth Amendment Introduction The case of United States v. Eugene I. Williams (413 F.3d 347) adjudicated by the...

Third Circuit Denies Qualified Immunity in Retaliation Case Involving Protected Employee Speech

Date: Jun 29, 2005

Third Circuit Denies Qualified Immunity in Retaliation Case Involving Protected Employee Speech Introduction Linda McGreevy, a dedicated school nurse at Bermudian Springs Elementary School, alleged...

Recognition of Temporary Loss of Use Damages in Lease Breach Cases: Jaasma v. Shell Oil Company

Date: Jun 29, 2005

Recognition of Temporary Loss of Use Damages in Lease Breach Cases: Jaasma v. Shell Oil Company Introduction Jaasma v. Shell Oil Company is a landmark case decided by the United States Court of...

Proper Delegation of Equitable Allocation in CERCLA Contribution Actions: Beazer East, Inc. v. The Mead Corporation

Date: Jun 24, 2005

Proper Delegation of Equitable Allocation in CERCLA Contribution Actions: Beazer East, Inc. v. The Mead Corporation Introduction The case of Beazer East, Inc. v. The Mead Corporation, decided by the...

Third Circuit Affirms Summary Judgment in ADEA Pretext Case: Kautz v. Met-Pro Corporation

Date: Jun 18, 2005

Third Circuit Affirms Summary Judgment in ADEA Pretext Case: Kautz v. Met-Pro Corporation Introduction The case of Richard J. Kautz v. Met-Pro Corporation (412 F.3d 463, 3d Cir. 2005) serves as a...

Third Circuit Affirms Absence of Private Cause of Action for Bankruptcy Code §506(b) Violations

Date: Jun 17, 2005

Third Circuit Affirms Absence of Private Cause of Action for Bankruptcy Code §506(b) Violations Introduction In the case of In re: Marianne Joubert, the United States Court of Appeals for the Third...