3d Circuit Case Commentaries

Third Circuit Affirms Dismissal of Securities Fraud Claims Against AHP: Reinforcing Materiality Standards under Rule 10b-5 and Limiting Liability under Regulation S-K, Item 303(a)

Date: Sep 8, 2000

Third Circuit Affirms Dismissal of Securities Fraud Claims Against AHP: Reinforcing Materiality Standards under Rule 10b-5 and Limiting Liability under Regulation S-K, Item 303(a) Introduction The...

Fraudulent Transfer Claims Not Included in Asset Sale: Cybergenics Corporation Case Commentary

Date: Sep 7, 2000

Fraudulent Transfer Claims Not Included in Asset Sale: Cybergenics Corporation Case Commentary Introduction The case of In Re: Cybergenics Corporation, Debtor involves a complex dispute over whether...

Nominal and Punitive Damages in Prison Litigation: Allah v. Al-Hafeez Establishes Critical Precedent

Date: Sep 7, 2000

Nominal and Punitive Damages in Prison Litigation: Allah v. Al-Hafeez Establishes Critical Precedent Case: Michael Malik Allah, Minister; Khalil Wali Muhammad v. Humza Al-Hafeez; William W. Ennis,...

Eleventh Amendment Immunity and the Family and Medical Leave Act: A Comprehensive Analysis of Chittister v. Department of Community and Economic Development

Date: Aug 31, 2000

Eleventh Amendment Immunity and the Family and Medical Leave Act: A Comprehensive Analysis of Chittister v. Department of Community and Economic Development Introduction The case of David D....

Third Circuit Upholds Assignability of Municipal Tax Claims While Enforcing FDCPA Restrictions in Tito Pollice et al. v. National Tax Funding, L.P.

Date: Aug 30, 2000

Third Circuit Upholds Assignability of Municipal Tax Claims While Enforcing FDCPA Restrictions in Tito Pollice et al. v. National Tax Funding, L.P. Introduction In the landmark case of Tito Pollice;...

Enforcement of Arbitration Clauses in TILA and EFTA Claims: The Terry Johnson Precedent

Date: Aug 30, 2000

Enforcement of Arbitration Clauses in TILA and EFTA Claims: The Terry Johnson Precedent Introduction The case of Terry Johnson v. West Suburban Bank; Tele-Cash Inc.; County Bank of Rehoboth Beach,...

Maintaining FDCPA Compliance in Debt Collection Communications: Wilson v. Quadramed Corporation

Date: Aug 29, 2000

Maintaining FDCPA Compliance in Debt Collection Communications: Wilson v. Quadramed Corporation Introduction In George Wilson, on behalf of himself and all others similarly situated, v. Quadramed...

First Amendment Protections for Student Religious Expression: Analysis of C.H. v. Oliva

Date: Aug 29, 2000

First Amendment Protections for Student Religious Expression: Analysis of C.H. v. Oliva Introduction The case C.H., AS GUARDIAN AD LITEM OF Z.H., A MINOR, AND C.H., INDIVIDUALLY Appellant v. GRACE...

Burden of Persuasion on Defendant Affirmed for Justification Defense in Felon-in-Possession Cases

Date: Aug 25, 2000

Burden of Persuasion on Defendant Affirmed for Justification Defense in Felon-in-Possession Cases Introduction The case of United States of America v. Reginald Dodd, 225 F.3d 340 (3d Cir. 2000),...

Third Circuit Clarifies the Scope of Claim Preclusion in Bankruptcy Alter Ego Piercing Actions

Date: Aug 24, 2000

Third Circuit Clarifies the Scope of Claim Preclusion in Bankruptcy Alter Ego Piercing Actions Introduction In the case of Eastern Minerals Chemicals Co.; Cary W. Ahl, Sr., Appellants v. Gary H....

Rooker-Feldman Doctrine and Federal Jurisdiction in Discrimination Claims: Parkview v. City of Lebanon

Date: Aug 24, 2000

Rooker-Feldman Doctrine and Federal Jurisdiction in Discrimination Claims: Parkview v. City of Lebanon Introduction The case of Parkview Associates Partnership et al. v. City of Lebanon et al. (225...

Morales v. Apfel: Establishing Precedent on Weighting Treating Physicians' Evidence in Disability Claims

Date: Aug 23, 2000

Morales v. Apfel: Establishing Precedent on Weighting Treating Physicians' Evidence in Disability Claims Introduction Morales v. Apfel, 225 F.3d 310 (3d Cir. 2000), is a significant appellate...

Third Circuit Establishes Clear Fourth Amendment Protections for Student Privacy in School Searches

Date: Aug 22, 2000

Third Circuit Establishes Clear Fourth Amendment Protections for Student Privacy in School Searches Introduction In the landmark case of Joan Gruenke, Individually and as parent and natural guardian...

Expanding 'Exceptional Case' Under Lanham Act: Securacom Consulting, Inc. v. Securacom Inc.

Date: Aug 22, 2000

Culpable Litigation Conduct Qualifies as 'Exceptional Case' for Attorney's Fees Under § 35(a) of the Lanham Act: Securacom Consulting, Inc. v. Securacom Inc. Introduction Securacom Consulting, Inc....

Reaffirmation of Terry Stop Standards in Crowded Public Events: United States v. Kahli Ubiles

Date: Aug 18, 2000

Reaffirmation of Terry Stop Standards in Crowded Public Events: United States v. Kahli Ubiles Introduction The case of United States of America v. Kahli Ubiles serves as a pivotal examination of...

Third Circuit Clarifies AEDPA Requirements for Certificates of Appealability in §2255 Petitions: Jurisdiction Denied Without Substantial Constitutional Claims