3d Circuit Case Commentaries

Third Circuit Affirms Broad 'Additional Insured' Coverage and Equitable Estoppel in FHLMC v. Scottsdale Insurance

Date: Jan 23, 2003

Third Circuit Affirms Broad 'Additional Insured' Coverage and Equitable Estoppel in FHLMC v. Scottsdale Insurance Introduction The case of Federal Home Loan Mortgage Corporation ("Freddie Mac") and...

Admissibility of NICB Database Testimony under Federal Rule of Evidence 803(17): Insights from United States v. Nafis Woods

Date: Jan 22, 2003

Admissibility of NICB Database Testimony under Federal Rule of Evidence 803(17): Insights from United States v. Nafis Woods Introduction The case of United States v. Nafis Woods presents a...

Establishing Eighth Amendment Protections Against Environmental Tobacco Smoke in Prisons

Date: Jan 22, 2003

Establishing Eighth Amendment Protections Against Environmental Tobacco Smoke in Prisons Introduction In the case of Roger Atkinson v. Stanley Taylor et al. (316 F.3d 257), the United States Court of...

Right to Appointed Counsel in Child Support Proceedings: Younger Abstention Affirmed

Date: Jan 18, 2003

Right to Appointed Counsel in Child Support Proceedings: Younger Abstention Affirmed Introduction The case of Michael Anthony, Individually and on Behalf of all Persons Similarly Situated; Anne...

Defining 'Principal Place of Business' in Diversity Jurisdiction: The Grand Union Supermarkets Case

Date: Jan 17, 2003

Defining 'Principal Place of Business' in Diversity Jurisdiction: The Grand Union Supermarkets Case Introduction Grand Union Supermarkets of the Virgin Islands, Inc. v. H.E. Lockhart Management, Inc....

Section 230 Immunity Reinforced: AOL's Shield Against Third-Party Content Liability

Date: Jan 17, 2003

Section 230 Immunity Reinforced: AOL's Shield Against Third-Party Content Liability Introduction The case of John Green v. America Online (AOL); John Does 1 & 2 presents a pivotal examination of the...

Adoption of 'Shocks the Conscience' Standard Over 'Improper Motive' in Substantive Due Process Land-Use Claims

Date: Jan 15, 2003

Adoption of 'Shocks the Conscience' Standard Over 'Improper Motive' in Substantive Due Process Land-Use Claims Introduction United Artists Theatre Circuit, Inc. v. The Township of Warrington, PA is a...

Issue Preclusion Affirmed in Sentinel Trust Co. v. Universal Bonding Insurance Co.

Date: Jan 9, 2003

Issue Preclusion Affirmed in Sentinel Trust Co. v. Universal Bonding Insurance Co. Introduction The case of Sentinel Trust Company v. Universal Bonding Insurance Company (316 F.3d 213, 3rd Cir. 2003)...

Expanding the Reach of 26 U.S.C. §7206(2): Insights from United States v. Gambone

Date: Jan 4, 2003

Expanding the Reach of 26 U.S.C. §7206(2): Insights from United States v. Gambone Introduction United States of America v. John A. Gambone, Sr. is a pivotal case adjudicated by the United States...

Equitable Tolling of Habeas Corpus Statute of Limitations in Johnson v. Hendricks

Date: Dec 31, 2002

Equitable Tolling of Habeas Corpus Statute of Limitations in Johnson v. Hendricks Introduction Wade Johnson, Appellant, v. Roy L. Hendricks, Attorney General of the State of New Jersey, 314 F.3d 159...

Guardianship Appointment and Time-Bar Tolling for Injured Minors: Gibbs v. Carnival Cruise Lines

Date: Dec 21, 2002

Guardianship Appointment and Time-Bar Tolling for Injured Minors: Gibbs v. Carnival Cruise Lines United States Court of Appeals, Third Circuit, 2002 Introduction Gibbs v. Carnival Cruise Lines is a...

Racial Profiling and Qualified Immunity: Analysis of Carrasca v. Pomeroy (313 F.3d 828)

Date: Dec 18, 2002

Racial Profiling and Qualified Immunity: Analysis of Carrasca v. Pomeroy (313 F.3d 828) Introduction The case of Marco Antonio Carrasca; Fidel Figueroa; Abimael Figueroa; Rigoberto Vales Barreras,...

Establishing Supervisory Rules for Qualified Immunity Summary Judgments in the Third Circuit

Date: Dec 12, 2002

Establishing Supervisory Rules for Qualified Immunity Summary Judgments in the Third Circuit Introduction The case of Lorenzo A. Forbes; Ella M. Forbes, in their Own Right and as Co-Administrators of...

Comprehensive Hypothetical Incorporation of Mental Impairments: Burns v. Barnhart

Date: Dec 5, 2002

Comprehensive Hypothetical Incorporation of Mental Impairments: Burns v. Barnhart Introduction Burns v. Barnhart, 312 F.3d 113 (3rd Cir. 2002), is a pivotal case addressing the requirements for...

Reaffirming the Standards for Civil Contempt Under AEDPA: Chadwick v. Janecka

Date: Dec 5, 2002

Reaffirming the Standards for Civil Contempt Under AEDPA: Chadwick v. Janecka Introduction In the case of H. Beatty Chadwick v. James Janecka, Warden, Delaware County Prison; the District Attorney of...

Gagliardo v. Connaught Laboratories: Affirmation of ADA Disability Definition and Damages Apportionment

Date: Nov 23, 2002

Gagliardo v. Connaught Laboratories: Affirmation of ADA Disability Definition and Damages Apportionment Introduction Jane A. Gagliardo and John Gagliardo filed a lawsuit against Connaught...

Affirmation of 18 U.S.C. § 669: Strengthening Congressional Authority Under the Commerce Clause in Healthcare Fraud Cases

Date: Nov 20, 2002

Affirmation of 18 U.S.C. § 669: Strengthening Congressional Authority Under the Commerce Clause in Healthcare Fraud Cases Introduction In the landmark case of United States of America v. Ruth Whited,...

Affirmation of Abuse of the Writ Doctrine in Zayas v. INS

Date: Nov 19, 2002

Affirmation of Abuse of the Writ Doctrine in Zayas v. INS Introduction In Raniel Perez Zayas v. Immigration Naturalization Service, 311 F.3d 247 (3rd Cir. 2002), the United States Court of Appeals...

State Waiver of AEDPA's Statute of Limitations Defense and Affirmative Defense Timing: Robinson v. Johnson

Date: Nov 19, 2002

State Waiver of AEDPA's Statute of Limitations Defense and Affirmative Defense Timing: Robinson v. Johnson Introduction In Eric Robinson v. Philip L. Johnson; the District Attorney of the County of...

Affirming the Physical Loss Standard in First-Party 'All Risks' Insurance Policies: Insights from Port Authority of New York and New Jersey v. Defendants

Date: Nov 15, 2002

Affirming the Physical Loss Standard in First-Party 'All Risks' Insurance Policies: Insights from Port Authority of New York and New Jersey v. Defendants Introduction The case of Port Authority of...