3d Circuit Case Commentaries

Affirmation of Forfeiture: Establishing Boundaries on the Right to Counsel in Sentencing

Date: Dec 4, 1998

Affirmation of Forfeiture: Establishing Boundaries on the Right to Counsel in Sentencing Introduction The case of United States of America v. Michael K. Leggett, 162 F.3d 237 (3d Cir. 1998), presents...

Equitable Subordination and Fiduciary Duty Breach in Bankruptcy: Citicorp Venture Capital Ltd. v. Committee of Creditors

Date: Nov 25, 1998

Equitable Subordination and Fiduciary Duty Breach in Bankruptcy: Citicorp Venture Capital Ltd. v. Committee of Creditors Introduction The case of CITICORP VENTURE CAPITAL, LTD. v. COMMITTEE OF...

Limitations on Parental Representation under the IDEA: Collinsgru v. Palmyra Board of Education

Date: Nov 24, 1998

Limitations on Parental Representation under the IDEA: Collinsgru v. Palmyra Board of Education Introduction In the landmark case of Robert Collinsgru; Maura Collinsgru, on behalf of their son,...

Seizure in Pretrial Restrictions: New Third Circuit Precedent on Malicious Prosecution

Date: Nov 24, 1998

Seizure in Pretrial Restrictions: New Third Circuit Precedent on Malicious Prosecution Introduction In the landmark case Gallo v. City of Philadelphia, the United States Court of Appeals for the...

Affymetrix v. Synteni: Criteria for Forum Transfer in Patent Infringement Cases

Date: Nov 19, 1998

Affymetrix v. Synteni: Criteria for Forum Transfer in Patent Infringement Cases Introduction The case of Affymetrix, Inc. v. Synteni, Inc. and Incyte Pharmaceuticals, Inc. centers around the...

Strengthening Prima Facie Requirements for Constructive Discharge Under ADEA: Connors v. Chrysler Financial

Date: Nov 18, 1998

Strengthening Prima Facie Requirements for Constructive Discharge Under ADEA: Connors v. Chrysler Financial Introduction Connors v. Chrysler Financial Corporation is a pivotal case adjudicated by the...

Enhancing Sentencing for Charity Fraud and Abuse of Trust: Analysis of United States v. Bennett

Date: Nov 17, 1998

Enhancing Sentencing for Charity Fraud and Abuse of Trust: Analysis of United States v. Bennett Introduction The case of United States of America v. John G. Bennett, Jr., adjudicated by the United...

Third Circuit Establishes Imminent Danger Exception to 'Three Strikes' Rule under 28 U.S.C. §1915(g)

Date: Nov 14, 1998

Third Circuit Establishes Imminent Danger Exception to 'Three Strikes' Rule under 28 U.S.C. §1915(g) Introduction Henry Gibbs, Jr., a prisoner at the State Correctional Institute at Somerset, filed a...

Class Action Certification Denied in Medical Monitoring Claims Against Tobacco Giants

Date: Nov 13, 1998

Class Action Certification Denied in Medical Monitoring Claims Against Tobacco Giants Introduction In the landmark case William Barnes et al. v. The American Tobacco Company et al., adjudicated by...

Application of Brecht's Harmless Error Standard to Doyle Violations: Third Circuit Upholds Hassine's Conviction

Date: Nov 10, 1998

Application of Brecht's Harmless Error Standard to Doyle Violations: Third Circuit Upholds Hassine's Conviction Introduction In the case of Victor Hassine v. Charles Zimmerman, the United States...

Limitation of Magistrate Judges' Authority in Remanding Cases: U.S. Healthcare v. Hoyt

Date: Oct 28, 1998

Limitation of Magistrate Judges' Authority in Remanding Cases: U.S. Healthcare v. Hoyt Introduction In the landmark case In re: U.S. Healthcare, 159 F.3d 142 (3d Cir. 1998), the United States Court...

Overturned Convictions and Probable Cause in Section 1983 Malicious Prosecution: Montgomery v. De Simone

Date: Oct 17, 1998

Overturned Convictions and Probable Cause in Section 1983 Malicious Prosecution: Montgomery v. De Simone Introduction Montgomery v. De Simone, 159 F.3d 120 (3d Cir. 1998), is a pivotal case...

Economic Substance Doctrine Reinforced in ACM Partnership v. Commissioner of Internal Revenue

Date: Oct 14, 1998

Economic Substance Doctrine Reinforced in ACM Partnership v. Commissioner of Internal Revenue Introduction The case of ACM Partnership, Southampton-Hamilton Company, Tax Matters Partner, Appellant v....

Limits on Motions for Reargument in Patent Claim Construction: Insights from Schering Corp. v. Amgen Inc.

Date: Oct 10, 1998

Limits on Motions for Reargument in Patent Claim Construction: Insights from Schering Corp. v. Amgen Inc. Introduction The case of Schering Corporation and Biogen, Inc. v. Amgen Inc., decided on...

Enhanced Scrutiny of Asylum Credibility Findings: Senathirajah v. INS

Date: Oct 10, 1998

Enhanced Scrutiny of Asylum Credibility Findings: Senathirajah v. INS Introduction The case of Chenthilkumaran Senathirajah v. Immigration Naturalization Service (INS) represents a pivotal moment in...

Enhancing Trust Protection under PACA: Idahoan Fresh v. Advantage Produce

Date: Oct 7, 1998

Enhancing Trust Protection under PACA: Idahoan Fresh v. Advantage Produce Introduction The case of Idahoan Fresh, a Division of Clement Enterprises v. Advantage Produce, Inc. punishes for the...

Expansion of Intervention Rights under Rule 24(a)(2) in Environmental Litigation: Analysis of Kleissler v. United States Forest Service

Date: Oct 1, 1998

Expansion of Intervention Rights under Rule 24(a)(2) in Environmental Litigation: Analysis of Kleissler v. United States Forest Service Introduction The case James Kleissler et al. v. United States...

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