3d Circuit Case Commentaries

Third Circuit Expands Equitable Tolling in Admiralty Claims under the Suits in Admiralty Act

Date: Apr 16, 2005

Third Circuit Expands Equitable Tolling in Admiralty Claims under the Suits in Admiralty Act Introduction In the case of Dean Hedges v. United States of America; Environmental Moorings International,...

Third Circuit Applies Federal Discovery Rule for Accrual in ERISA Non-Fiduciary Duty Claims

Date: Apr 15, 2005

Third Circuit Applies Federal Discovery Rule for Accrual in ERISA Non-Fiduciary Duty Claims Introduction In Romero v. Allstate Corporation, the United States Court of Appeals for the Third Circuit...

Navigating Procedural Defaults and Jury Instruction Errors in Capital Habeas Petitions: Insights from Bronshtein v. Horn

Date: Apr 15, 2005

Navigating Procedural Defaults and Jury Instruction Errors in Capital Habeas Petitions: Insights from Bronshtein v. Horn Introduction The case of Antuan Bronshtein v. Martin L. Horn represents a...

United States v. Brodie: Reinforcing Willful Blindness in TWEA Conspiracy Cases

Date: Apr 13, 2005

United States v. Brodie: Reinforcing Willful Blindness in TWEA Conspiracy Cases Introduction United States of America v. Stefan E. Brodie is a pivotal case adjudicated by the United States Court of...

Cendant Corporation Securities Litigation: Defining Fee Entitlements for Non-Lead Counsel under the PSLRA

Date: Apr 12, 2005

Cendant Corporation Securities Litigation: Defining Fee Entitlements for Non-Lead Counsel under the PSLRA Introduction The case of In re: CENDANT CORPORATION SECURITIES LITIGATION adjudicated by the...

Non-Retroactivity of Booker in Successive Habeas Corpus Petitions: In re Anthony Bola Olopade

Date: Apr 12, 2005

Non-Retroactivity of Booker in Successive Habeas Corpus Petitions: In re Anthony Bola Olopade Introduction In re Anthony Bola Olopade (403 F.3d 159) is a pivotal case decided by the United States...

Equitable Tolling in Immigration Proceedings: Borges v. Gonzales

Date: Mar 31, 2005

Equitable Tolling in Immigration Proceedings: Borges v. Gonzales Introduction Jose Borges v. Alberto Gonzales, Attorney General of the United States is a landmark case decided by the United States...

Third Circuit Upholds DNA Collection Under the Fourth Amendment in Sczubelek v. United States

Date: Mar 22, 2005

Third Circuit Upholds DNA Collection Under the Fourth Amendment in Sczubelek v. United States Introduction In United States of America v. Paul G. Sczubelek, 402 F.3d 175 (3rd Cir. 2005), the United...

Trippe Manufacturing Co. v. Niles Audio Corp.: Defining the Scope of Arbitrability for Assumed Obligations

Date: Mar 19, 2005

Trippe Manufacturing Co. v. Niles Audio Corp.: Defining the Scope of Arbitrability for Assumed Obligations Introduction Trippe Manufacturing Company, an Illinois corporation, appealed a decision from...

Arbitrator's Authority and the Upholding of Arbitration Awards: Insights from Brentwood Medical Associates v. United Mine Workers of America

Date: Mar 18, 2005

Arbitrator's Authority and the Upholding of Arbitration Awards: Insights from Brentwood Medical Associates v. United Mine Workers of America Introduction The case of Brentwood Medical Associates...

Reaffirmation of Non-Appealability of Interim Attorneys’ Fee Awards in Multidistrict Litigation

Date: Mar 11, 2005

Reaffirmation of Non-Appealability of Interim Attorneys’ Fee Awards in Multidistrict Litigation Introduction The case of In re: DIET DRUGS (PHENTERMINE/FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS...

Economic Persecution Recognized in Asylum Claims: A Comprehensive Analysis of Zhen Hua Li v. Attorney General

Date: Mar 11, 2005

Economic Persecution Recognized in Asylum Claims: A Comprehensive Analysis of Zhen Hua Li v. Attorney General Introduction Zhen Hua Li v. Attorney General of the United States is a pivotal case...

Rutherford v. Barnhart: Substantial Evidence Standard in SSI Disability Decisions

Date: Mar 4, 2005

Rutherford v. Barnhart: Substantial Evidence Standard in SSI Disability Decisions Introduction The case Joyce A. Rutherford v. Jo Anne B. Barnhart, Commissioner of the Social Security Administration...

Clarifying Brady Obligations in Complex Prosecutions: United States v. Pelullo

Date: Feb 26, 2005

Clarifying Brady Obligations in Complex Prosecutions: United States v. Pelullo Introduction United States v. Pelullo is a landmark case adjudicated by the United States Court of Appeals for the Third...

Scope of Sovereign Immunity Waiver Under Bankruptcy Code: In re Kaiser Group International Inc. Case Analysis

Date: Feb 26, 2005

Scope of Sovereign Immunity Waiver Under Bankruptcy Code: In re Kaiser Group International Inc. Case Analysis Introduction The case of In re: Kaiser Group International Inc., Debtor International...

Enforcing Monopoly Law: Exclusive Dealing Practices under Section 2 of the Sherman Act in United States v. Dentsply International, Inc.

Date: Feb 25, 2005

Enforcing Monopoly Law: Exclusive Dealing Practices under Section 2 of the Sherman Act in United States v. Dentsply International, Inc. Introduction The case of United States of America, Appellant,...

Due Process Protections for Pre-Trial Detainees: Insights from Hubbard v. Taylor

Date: Feb 24, 2005

Due Process Protections for Pre-Trial Detainees: Insights from Hubbard v. Taylor Introduction In Hubbard v. Taylor, decided by the United States Court of Appeals for the Third Circuit on February 23,...

Effective Miranda Waiver and Limits on Delegating Supervised Release Conditions: United States v. Pruden

Date: Feb 24, 2005

Effective Miranda Waiver and Limits on Delegating Supervised Release Conditions: United States v. Pruden Introduction In United States v. Calvin Edward Pruden, 398 F.3d 241 (3d Cir. 2005), the United...

Accounting for Infringer's Profits Under Lanham Act §43(a) Without Prerequisite of Willfulness

Date: Feb 23, 2005

Accounting for Infringer's Profits Under Lanham Act §43(a) Without Prerequisite of Willfulness Introduction Banjo Buddies, Inc. v. Joseph F. Renosky is a pivotal case decided by the United States...

Clarifying Imminent and Substantial Endangerment under RCRA: A Comprehensive Review of Interfaith Community Organization v. Honeywell International

Date: Feb 19, 2005

Clarifying Imminent and Substantial Endangerment under RCRA: A Comprehensive Review of Interfaith Community Organization v. Honeywell International Introduction The case of Interfaith Community...