3d Circuit Case Commentaries

Application of Rooker-Feldman Doctrine to §1983 Claims in Custody Disputes: Marran v. Montgomery County

Date: Jul 16, 2004

Application of Rooker-Feldman Doctrine to §1983 Claims in Custody Disputes: Marran v. Montgomery County Introduction Marran v. Montgomery County Office of Children and Youth is a pivotal case...

Due Process Violation in Sentencing: United States v. Eakman Establishes Enhanced Section 2255 Relief Standards

Date: Jul 13, 2004

Due Process Violation in Sentencing: United States v. Eakman Establishes Enhanced Section 2255 Relief Standards Introduction In the landmark case of United States of America v. Samuel L. Eakman, Jr.,...

Establishing Broker Duty to Third-Party Surety Bond Obligees

Date: Jun 25, 2004

Establishing Broker Duty to Third-Party Surety Bond Obligees Introduction The case of Highlands Insurance Company f/k/a Highlands Insurance Group, Inc. v. Hobbs Group, LLC; Robert Markel; Nissan...

Binder v. Price Waterhouse: Limiting "Related To" Jurisdiction in Post-Confirmation Bankruptcy Proceedings

Date: Jun 23, 2004

Binder v. Price Waterhouse: Limiting "Related To" Jurisdiction in Post-Confirmation Bankruptcy Proceedings Introduction The case of In re: Resorts International, Inc., Resorts International...

Procedural Default under PLRA: Insights from Spruill v. Gillis et al.

Date: Jun 19, 2004

Procedural Default under PLRA: Insights from Spruill v. Gillis et al. Introduction The case of Robert Spruill, Appellant v. Frank Gillis; Goolier, C.O.; McGlaughlin, M.D.; Brown, P.A. (372 F.3d 218)...

Enforcement of Arbitration Agreements for Exempt Transportation Workers Under State Law: Third Circuit Decision in Margaret Palcko v. Airborne Express

Date: Jun 19, 2004

Enforcement of Arbitration Agreements for Exempt Transportation Workers Under State Law: Third Circuit Decision in Margaret Palcko v. Airborne Express Introduction The case of Margaret Palcko v....

Comprehensive Analysis of Ramirez v. Barnhart: Ensuring Comprehensive Hypotheticals in SSI Disability Evaluations

Date: Jun 19, 2004

Comprehensive Analysis of Ramirez v. Barnhart: Ensuring Comprehensive Hypotheticals in SSI Disability Evaluations Introduction Ramirez v. Barnhart is a pivotal case adjudicated by the United States...

State Action and Involuntary Commitment: Insights from Donald Benn v. Universal Health System

Date: Jun 18, 2004

State Action and Involuntary Commitment: Insights from Donald Benn v. Universal Health System Introduction The case of Donald Benn v. Universal Health System, Inc. explores the complex interplay...

Prejudgment Interest on ERISA Benefits: Third Circuit Sets New Precedent

Date: Jun 17, 2004

Prejudgment Interest on ERISA Benefits: Third Circuit Sets New Precedent Introduction In the landmark case of Orrin T. Skretvedt v. E.I. DuPont de Nemours, decided by the United States Court of...

Affirming Higher Pleading Standards for Securities Fraud under Rule 10b-5 and PSLRA

Date: Jun 16, 2004

Affirming Higher Pleading Standards for Securities Fraud under Rule 10b-5 Introduction The case of In re: ALPHARMA INC. SECURITIES LITIGATION, decided by the United States Court of Appeals for the...

Deliberate Indifference in Juvenile Detention: A.M. v. Luzerne County Juvenile Detention Center

Date: Jun 11, 2004

Deliberate Indifference in Juvenile Detention: A.M. v. Luzerne County Juvenile Detention Center Introduction The case of A.M., by and through his next friend and mother, J.M.K., Appellant v. Luzerne...

Administrative Closings and Rule 60(b): Establishing the Boundaries of Finality in Civil Litigation

Date: Jun 10, 2004

Administrative Closings and Rule 60(b): Establishing the Boundaries of Finality in Civil Litigation Introduction The legal landscape surrounding the finality of court orders and the mechanisms for...

Third Circuit Establishes Retention of Secured Property via Current Loan Payments Under Bankruptcy Code Section 521(2)(A)

Date: Jun 4, 2004

Third Circuit Establishes Retention of Secured Property via Current Loan Payments Under Bankruptcy Code Section 521(2)(A) Introduction In the landmark case of In re: Michael B. Price; Christine R....

Clarifying the 'Severe Impairment' Standard: Insights from Shirley McCrea v. Commissioner of Social Security

Date: May 28, 2004

Clarifying the 'Severe Impairment' Standard: Insights from Shirley McCrea v. Commissioner of Social Security Introduction Shirley McCrea v. Commissioner of Social Security, 370 F.3d 357 (3d Cir....

Third Circuit Sets Precedent on Injunction Limits in Multi-District Class Settlements

Date: May 26, 2004

Third Circuit Sets Precedent on Injunction Limits in Multi-District Class Settlements Introduction The United States Court of Appeals for the Third Circuit delivered a pivotal judgment in In re: Diet...

KOS Pharmaceuticals v. Andrx Corporation: Expanding the Scope of Likelihood of Confusion in Pharmaceutical Trademarks

Date: May 25, 2004

KOS Pharmaceuticals v. Andrx Corporation: Expanding the Scope of Likelihood of Confusion in Pharmaceutical Trademarks 1. Introduction The case of KOS Pharmaceuticals, Inc. v. ANDRX Corporation; Andrx...

De Novo Review Standard for BIA Decisions Under FARRA: Analysis of Nen Ying WANG v. Ashcroft

Date: May 20, 2004

De Novo Review Standard for BIA Decisions Under FARRA: Analysis of Nen Ying WANG v. Ashcroft Introduction The case of Nen Ying WANG v. Ashcroft represents a significant examination of the procedural...

Establishing Judicial Impartiality: The Third Circuit's Landmark Decision on Judge Disqualification in Asbestos-Related Bankruptcies

Date: May 18, 2004

Establishing Judicial Impartiality: The Third Circuit's Landmark Decision on Judge Disqualification in Asbestos-Related Bankruptcies Introduction In the landmark case of In re: KENSINGTON...

Strengthening Scienter Requirements in Securities Fraud Litigation

Date: May 18, 2004

Strengthening Scienter Requirements in Securities Fraud Litigation: Analysis of GSC Partners CDO Fund II v. ry II, L.P. Introduction The case of GSC Partners CDO Fund II, Ltd v. ry II, L.P. (368 F.3d...

Enforceability of Arbitration Agreements Subject to Unconscionability Analysis in Employment Contracts

Date: May 14, 2004

Enforceability of Arbitration Agreements Subject to Unconscionability Analysis in Employment Contracts Introduction Virgen Parilla v. IAP Worldwide Services VI, Inc.; Worldwide Services, Inc.; Gene...