3d Circuit Case Commentaries

Addiction Specialists v. Township of Hampton: Expanding Entity Standing and Reevaluating Younger Abstention in Land Use Disputes

Date: Jun 15, 2005

Addiction Specialists v. Township of Hampton: Expanding Entity Standing and Reevaluating Younger Abstention in Land Use Disputes Introduction Addiction Specialists, Inc. v. The Township of Hampton,...

Statute of Limitations Precludes Individual Liability under the Perishable Agricultural Commodities Act: Weis-Buy Services, Inc. v. Paglia

Date: Jun 15, 2005

Statute of Limitations Precludes Individual Liability under the Perishable Agricultural Commodities Act: Weis-Buy Services, Inc. v. Paglia Introduction The case of Weis-Buy Services, Inc.; Brigotta's...

Third Circuit Establishes Clear Precedent on §1983 Accrual for Fourth and Fourteenth Amendment Claims in Racial Profiling Context

Date: Jun 15, 2005

Third Circuit Establishes Clear Precedent on §1983 Accrual for Fourth and Fourteenth Amendment Claims in Racial Profiling Context Introduction The case of Emory E. Gibson, Jr. v. Superintendent of...

Retaliatory Enforcement of Residency Ordinance: Hill v. City of Scranton

Date: Jun 10, 2005

Retaliatory Enforcement of Residency Ordinance: Hill v. City of Scranton Introduction Hill v. City of Scranton is a pivotal case adjudicated by the United States Court of Appeals for the Third...

Affirmation of Qualified Immunity Based on Probable Cause in Criminal Trespass Arrest: Wright v. City of Philadelphia

Date: Jun 7, 2005

Affirmation of Qualified Immunity Based on Probable Cause in Criminal Trespass Arrest: Wright v. City of Philadelphia Introduction Wright v. City of Philadelphia is a pivotal case adjudicated by the...

Establishing the Duty to Hold Evidentiary Hearings on Ineffective Assistance of Counsel Claims under 28 U.S.C. § 2255

Date: Jun 7, 2005

Establishing the Duty to Hold Evidentiary Hearings on Ineffective Assistance of Counsel Claims under 28 U.S.C. § 2255 Introduction The case of United States of America v. Marcresse McCoy, decided by...

Remand for Asylum Eligibility: Voci v. Gonzales Establishes Importance of Detailed BIA Analysis

Date: Jun 7, 2005

Remand for Asylum Eligibility: Voci v. Gonzales Establishes Importance of Detailed BIA Analysis Introduction The case Alket Voci v. Alberto Gonzales, adjudicated by the United States Court of Appeals...

Reversing Summary Judgment on Age Discrimination and Retaliation: Fasold v. County of Montgomery

Date: Jun 2, 2005

Reversing Summary Judgment on Age Discrimination and Retaliation: Fasold v. County of Montgomery Introduction In the landmark case of Robert Fasold v. Edmund Justice et al., the United States Court...

Justifiable Reliance in Insurance Misrepresentation: The Tran v. MetLife Case

Date: May 26, 2005

Justifiable Reliance in Insurance Misrepresentation: The Tran v. MetLife Case Introduction The case of Huu Nam Tran v. Metropolitan Life Insurance Company and Kwok Lam (408 F.3d 130) presents a...

Rooker-Feldman Doctrine Upholds State Foreclosure Judgments Against Bankruptcy Court Challenge: In re: Pamela Knapper

Date: May 25, 2005

Rooker-Feldman Doctrine Upholds State Foreclosure Judgments Against Bankruptcy Court Challenge: In re: Pamela Knapper Introduction In re: Pamela Knapper, f/k/a Pamela Jones, Pamela Knapper; William...

Enforcement of Sick Leave Policies Under FMLA: Insights from Callison v. City of Philadelphia

Date: May 20, 2005

Enforcement of Sick Leave Policies Under FMLA: Insights from Callison v. City of Philadelphia Case: Callison, Appellant, v. City of Philadelphia Court: United States Court of Appeals, Third Circuit...

Non-Retroactivity of Booker v. United States in Section 2255 Motions: Analysis of Garry D. Lloyd v. USA

Date: May 18, 2005

Non-Retroactivity of Booker in §2255 Motions: Analysis of Garry D. Lloyd v. United States Introduction Garry D. Lloyd v. United States is a significant case decided by the United States Court of...

Sua Sponte Application of AEDPA Statute of Limitations in §2255 Cases Established by United States v. Bendolph

Date: May 17, 2005

Sua Sponte Application of AEDPA Statute of Limitations in §2255 Cases Established by United States v. Bendolph Introduction In the landmark decision United States of America v. Herbert L. Bendolph,...

Finality and Appealability of Conditional Dismissals in Light of Statute of Limitations: Brennan v. Kulick

Date: May 14, 2005

Finality and Appealability of Conditional Dismissals in Light of Statute of Limitations: Brennan v. Kulick Introduction Brennan v. Kulick, 407 F.3d 603 (3d Cir. 2005), addresses the critical issue of...

Affirming the Non-Seizure of Trial Attendance under the Fourth Amendment: DiBella v. Borough of Beachwood

Date: May 13, 2005

Affirming the Non-Seizure of Trial Attendance under the Fourth Amendment: DiBella v. Borough of Beachwood Introduction In the landmark case of Robert DiBella and John McLaughlin v. Borough of...

Consent to Search and Plea Agreement Waivers Upheld in United States v. Rogers Lockett

Date: May 6, 2005

Consent to Search and Plea Agreement Waivers Upheld in United States v. Rogers Lockett Introduction United States v. Rogers Lockett, III is a significant case adjudicated by the United States Court...

Untimely Claims and Grievance Procedures in Employment Discrimination Cases: The Podobnik v. USPS Decision

Date: May 6, 2005

Untimely Claims and Grievance Procedures in Employment Discrimination Cases: The Podobnik v. USPS Decision Introduction In the landmark case of Philip J. Podobnik v. United States Postal Service...

Affirming the Five-Part Test for Informal Proofs of Claim in Bankruptcy Proceedings – Hefta v. American Classic Voyages Co.

Date: Apr 28, 2005

Affirming the Five-Part Test for Informal Proofs of Claim in Bankruptcy Proceedings – Hefta v. American Classic Voyages Co. Introduction The case of Scott Hefta v. Official Committee of Unsecured...

Third Circuit Affirms AEDPA §2244: Defining 'Second or Successive' Habeas Petitions Through Abuse of the Writ Doctrine

Date: Apr 22, 2005

Third Circuit Affirms AEDPA §2244: Defining 'Second or Successive' Habeas Petitions Through Abuse of the Writ Doctrine Introduction In the case of Robert Benchoff v. Raymond Colleran (404 F.3d 812),...

Third Circuit Upholds Minimal Commerce Effect Requirement under Hobbs Act in United States v. Urban et al.

Date: Apr 21, 2005

Third Circuit Upholds Minimal Commerce Effect Requirement under Hobbs Act in United States v. Urban et al. Introduction The case of United States of America v. Thomas Urban et al. (Appellants No....