3d Circuit Case Commentaries

Establishing Creditor Fraud Against Legal Counsel: Morganroth v. Norris, McLaughlin, et al.

Date: May 31, 2003

Establishing Creditor Fraud Against Legal Counsel: Morganroth v. Norris, McLaughlin, et al. Introduction The case of Morganroth Morganroth, a Michigan partnership; Mayer Morganroth, Esq. v. Norris,...

Derivative Standing for Creditors' Committees in Chapter 11 Bankruptcy: A 3rd Circuit Analysis

Date: May 30, 2003

Derivative Standing for Creditors' Committees in Chapter 11 Bankruptcy: A 3rd Circuit Analysis Introduction In the complex realm of bankruptcy law, the role of creditors' committees is pivotal in...

Reaffirming Motion to Dismiss Rights in Civil Forfeiture Proceedings: Integrating Supplemental and Federal Civil Rules

Date: May 29, 2003

Reaffirming Motion to Dismiss Rights in Civil Forfeiture Proceedings: Integrating Supplemental and Federal Civil Rules Introduction In the landmark case titled UNITED STATES of America v. Kesten...

Trade Dress Non-Functionality in Pharmaceutical Tablets: Shire US Inc. v. Barr Laboratories Inc.

Date: May 24, 2003

Trade Dress Non-Functionality in Pharmaceutical Tablets: Shire US Inc. v. Barr Laboratories Inc. Introduction Shire US Inc., Appellant v. Barr Laboratories Inc. (329 F.3d 348) is a pivotal case...

Credibility Determinations in Asylum Claims: Insights from Abdulrahman v. Ashcroft

Date: May 22, 2003

Credibility Determinations in Asylum Claims: Insights from Abdulrahman v. Ashcroft Introduction Abdulrahman v. Ashcroft, 330 F.3d 587 (3d Cir. 2003), serves as a significant precedent in the realm of...

Establishing 'Particular Social Group' for Former Child Soldiers: Lukwago v. Ashcroft

Date: May 15, 2003

Establishing 'Particular Social Group' for Former Child Soldiers: Lukwago v. Ashcroft Introduction Bernard Lukwago a/k/a Melvin Haft v. John Ashcroft, Attorney General of the United States,...

Affirmation of Strict Requirements for Municipal Liability in Police Use of Force Cases: Campbell v. City of Philadelphia

Date: May 10, 2003

Affirmation of Strict Requirements for Municipal Liability in Police Use of Force Cases: Campbell v. City of Philadelphia Introduction Campbell v. City of Philadelphia is a significant case...

Deferred Consideration of Ineffective Assistance of Counsel on Direct Appeal: United States v. Michael Thornton

Date: May 8, 2003

Deferred Consideration of Ineffective Assistance of Counsel on Direct Appeal: United States v. Michael Thornton Introduction The case of United States v. Michael Thornton, 327 F.3d 268 (3d Cir....

Severance of Royalty Rights in Bankruptcy Asset Sales: Insights from In re CellNet Data Systems, Inc.

Date: May 1, 2003

Severance of Royalty Rights in Bankruptcy Asset Sales: Insights from In re CellNet Data Systems, Inc. Introduction The case of Schlumberger Resource Management Services, Inc. v. CellNet Data Systems,...

Third Circuit Affirms Standards for Attorney Fee Recovery under Bankruptcy Code §§ 549 and 550: In re Andrew E. Bressman

Date: Apr 26, 2003

Third Circuit Affirms Standards for Attorney Fee Recovery under Bankruptcy Code §§ 549 and 550: In re Andrew E. Bressman Introduction The case of In re: Andrew E. Bressman (327 F.3d 229), adjudicated...

Proper Filing Under AEDPA: Insights from Mar v. Merritt

Date: Apr 17, 2003

Proper Filing Under AEDPA: Insights from Mar v. Merritt Introduction Marvon Merritt, also known as Merrit Monroe, filed a petition for habeas corpus after being convicted of multiple crimes,...

Incentive Stock Option Plans Excluded from ERISA Coverage: Analysis of Oatway v. AIG

Date: Apr 15, 2003

Incentive Stock Option Plans Excluded from ERISA Coverage: Analysis of Oatway v. AIG Introduction In the case of Derek J. Oatway v. American International Group, Inc., the appellant, Derek J. Oatway,...

Reefer v. Barnhart: Upholding ALJ Responsibilities in Pro Se Disability Claims

Date: Apr 15, 2003

Reefer v. Barnhart: Upholding ALJ Responsibilities in Pro Se Disability Claims Introduction Laurel M. Reefer initiated a legal battle against Joanne B. Barnhart, Commissioner of Social Security,...

Ensuring Due Process in Asylum Adjudications: Lessons from Ezeagwuna v. Ashcroft

Date: Apr 15, 2003

Ensuring Due Process in Asylum Adjudications: Lessons from Ezeagwuna v. Ashcroft Introduction Glory Obianuju Ezeagwuna, a Cameroonian national, sought political asylum in the United States, alleging...

Third Circuit Rules §2255 Motions to Restore Appeal Rights Are Not 'Second or Successive' Under AEDPA

Date: Apr 11, 2003

Third Circuit Rules §2255 Motions to Restore Appeal Rights Are Not 'Second or Successive' Under AEDPA Introduction In re: Ilori Babajide Olabode, 325 F.3d 166 (3d Cir. 2003), addresses a pivotal...

Clarifying Prosecutorial Vouching and Sentencing Guideline Application: Detailed Commentary on United States v. Brennan, 326 F.3d 176

Date: Apr 8, 2003

Clarifying Prosecutorial Vouching and Sentencing Guideline Application: Detailed Commentary on United States v. Brennan, 326 F.3d 176 Introduction In United States of America v. Robert E. Brennan,...

Severability of Arbitration Agreements in Employment Discrimination Cases: Spinetti v. Service Corporation International

Date: Apr 1, 2003

Severability of Arbitration Agreements in Employment Discrimination Cases: Spinetti v. Service Corporation International Introduction The case of Maryann Spinetti v. Service Corporation International...

Third Circuit Affirms §502(b)(6) Does Not Impair Landlord's Claims for Voting in Chapter 11 Plans

Date: Mar 29, 2003

Third Circuit Affirms §502(b)(6) Does Not Impair Landlord's Claims for Voting in Chapter 11 Plans Introduction The case of Sheldon H. Solow, d/b/a Solow Building Company v. PPI Enterprises (U.S.),...

IQ Score Consideration in SSI Mental Retardation Claims: Insights from Markle v. Barnhart

Date: Mar 27, 2003

IQ Score Consideration in SSI Mental Retardation Claims: Insights from Markle v. Barnhart Introduction Markle v. Barnhart is a pivotal case decided by the United States Court of Appeals for the Third...

Exclusionary Conduct Sustains Sherman Act §2 Monopolization: LePage's Inc. v. 3M

Date: Mar 26, 2003

Exclusionary Conduct Sustains Sherman Act §2 Monopolization: LePage's Inc. v. 3M Introduction In the landmark case of LePage's Incorporated; LePage's Management Company, L.L.C. v. 3M (Minnesota...