3d Circuit Case Commentaries

Establishing the Burden of Proof in Prisoner Retaliation Claims: Rauser v. Horn

Date: Feb 27, 2001

Establishing the Burden of Proof in Prisoner Retaliation Claims: Rauser v. Horn Introduction Henry Rauser v. Martin Horn is a landmark case decided by the United States Court of Appeals for the Third...

Third Circuit Reaffirms Standards for Anderson Briefs and Sentencing Guidelines in Mohamed Youla Bank Fraud Appeal

Date: Feb 24, 2001

Third Circuit Reaffirms Standards for Anderson Briefs and Sentencing Guidelines in Mohamed Youla Bank Fraud Appeal Introduction In the case of United States of America v. Mohamed Youla, adjudicated...

Saxe v. State College Area School District: Defining the Boundaries of Anti-Harassment Policies and First Amendment Protections in Educational Settings

Date: Feb 15, 2001

Saxe v. State College Area School District: Defining the Boundaries of Anti-Harassment Policies and First Amendment Protections in Educational Settings Introduction In the landmark case of Saxe v....

Third Circuit Upholds BIA's Corroboration Requirement in Asylum Cases

Date: Feb 13, 2001

Third Circuit Upholds BIA's Corroboration Requirement in Asylum Cases Introduction The case Olufemi Yussef Abdulai v. John Ashcroft, heard by the United States Court of Appeals for the Third Circuit...

Fraudulent Procurement of Trademarks: Insights from Marshak v. Treadwell

Date: Feb 10, 2001

Fraudulent Procurement of Trademarks: Insights from Marshak v. Treadwell Introduction The case of Larry Marshak v. Faye Treadwell et al. involves a dispute over the trademark usage of "The Drifters,"...

Equitable Tolling in Capital Cases: An Analysis of Fahey v. Horn

Date: Feb 10, 2001

Equitable Tolling in Capital Cases: An Analysis of Fahey v. Horn Introduction The case of Henry Fahey v. Martin Horn, adjudicated by the United States Court of Appeals for the Third Circuit in 2001,...

Impact of Timely Notice on Insurance Coverage: Analysis of Transportes Ferreos de Venezuela II CA v. NKK Corporation et al.

Date: Feb 9, 2001

Impact of Timely Notice on Insurance Coverage: Analysis of Transportes Ferreos de Venezuela II CA v. NKK Corporation et al. Introduction The case of Transportes Ferreos de Venezuela II CA (TFV) v....

Good Cause Requirement for Introducing New Evidence in Social Security Disability Claims: Insights from MATTHEWS v. APFEL

Date: Feb 9, 2001

Good Cause Requirement for Introducing New Evidence in Social Security Disability Claims: Insights from MATTHEWS v. APFEL Introduction The case of Sharon Bingham MATTHEWS v. Kenneth S. APFEL...

Inadequate Notification in Administrative Forfeiture: Foehl v. United States

Date: Feb 2, 2001

Inadequate Notification in Administrative Forfeiture: Foehl v. United States Introduction In the case of Don Ameche Foehl, Sr. v. United States of America, adjudicated by the United States Court of...

Enforcement of Oral Employment Contracts and Stock Option Valuation in Wrongful Termination Cases: Scully v. US WATS, Inc.

Date: Feb 2, 2001

Enforcement of Oral Employment Contracts and Stock Option Valuation in Wrongful Termination Cases: Scully v. US WATS, Inc. Introduction Mark Scully v. US WATS, Inc.; Kevin O'Hare, Aaron Brown,...

Third Circuit Revises 'Three Strikes' Rule for Prisoner In Forma Pauperis Litigation

Date: Jan 30, 2001

Third Circuit Revises 'Three Strikes' Rule for Prisoner In Forma Pauperis Litigation Introduction In the landmark case of Debro S. Abdul-Akbar v. McKelvie, the United States Court of Appeals for the...

Ripeness of Federal Preemption Claims Against Ongoing State Reviews: NE Hub Partners, L.P. v. CNG Transmission Corporation

Date: Jan 30, 2001

Ripeness of Federal Preemption Claims Against Ongoing State Reviews: NE Hub Partners, L.P. v. CNG Transmission Corporation Introduction The case of NE Hub Partners, L.P., Appellant v. CNG...

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3d Circuit Case Commentaries

Establishing the Burden of Proof in Prisoner Retaliation Claims: Rauser v. Horn

Third Circuit Reaffirms Standards for Anderson Briefs and Sentencing Guidelines in Mohamed Youla Bank Fraud Appeal

Saxe v. State College Area School District: Defining the Boundaries of Anti-Harassment Policies and First Amendment Protections in Educational Settings

Third Circuit Upholds BIA's Corroboration Requirement in Asylum Cases

Fraudulent Procurement of Trademarks: Insights from Marshak v. Treadwell

Equitable Tolling in Capital Cases: An Analysis of Fahey v. Horn

Impact of Timely Notice on Insurance Coverage: Analysis of Transportes Ferreos de Venezuela II CA v. NKK Corporation et al.

Good Cause Requirement for Introducing New Evidence in Social Security Disability Claims: Insights from MATTHEWS v. APFEL

Inadequate Notification in Administrative Forfeiture: Foehl v. United States

Enforcement of Oral Employment Contracts and Stock Option Valuation in Wrongful Termination Cases: Scully v. US WATS, Inc.

Third Circuit Revises 'Three Strikes' Rule for Prisoner In Forma Pauperis Litigation

Ripeness of Federal Preemption Claims Against Ongoing State Reviews: NE Hub Partners, L.P. v. CNG Transmission Corporation

Limits on Damages for Litigation Costs in Fourth Amendment §1983 Claims: Hector v. Watt

Establishing Personal Jurisdiction in Contract and Tort Claims: Insights from Remick v. Manfredy

Khodara Environmental v. Ste: Legislative Amendments and the Mootness Doctrine in Equal Protection Challenges

Defamation and Actual Malice in Media Reporting: The Third Circuit’s Ruling in Tucker v. Fischbein et al.

Expanding Fiduciary Definitions under ERISA: Board of Trustees of Bricklayers v. Wettlin Associates

United States v. Ray Donald LOY: Establishing the Need for Precision in Supervised Release Conditions

Reevaluation of Aggravated Felony Classification in Immigration Law: Gary Steele v. J. Scott Blackman

Clarifying ERISA Preemption: Distinguishing Benefit Denial from Quality of Care Claims