3d Circuit Case Commentaries

Chisolm v. McManimon: Third Circuit Overturns Summary Judgment on ADA Claims and Defines Sovereign Immunity for County Courts in Unified State Systems

Date: Dec 29, 2001

Chisolm v. McManimon: Third Circuit Overturns Summary Judgment on ADA Claims and Defines Sovereign Immunity for County Courts in Unified State Systems Introduction In Ronald Chisolm, Appellant, v....

Third Circuit Upholds Philadelphia DA's Rearrest Policy in Stewart v. Abraham

Date: Dec 27, 2001

Third Circuit Upholds Philadelphia DA's Rearrest Policy in Stewart v. Abraham Introduction Stewart v. Abraham is a landmark civil rights action adjudicated by the United States Court of Appeals for...

Applying the Lanham Act to Insurance Advertising: Highmark v. UPMC

Date: Dec 22, 2001

Applying the Lanham Act to Insurance Advertising: Highmark v. UPMC Introduction The case of Highmark, Incorporated v. UPMC Health Plan, Incorporated (276 F.3d 160) adjudicated by the United States...

Enhancing Sentences Under U.S.S.G. § 3C1.1: Insights from United States v. Robert Jenkins

Date: Dec 21, 2001

Enhancing Sentences Under U.S.S.G. § 3C1.1: Insights from United States v. Robert Jenkins Introduction The case of United States v. Robert Jenkins, adjudicated by the United States Court of Appeals...

Validity of Waiver of Appeal in Guilty Plea Agreements: Analysis of United States v. Khattak

Date: Dec 7, 2001

Validity of Waiver of Appeal in Guilty Plea Agreements: Analysis of United States v. Khattak Introduction The case of United States of America v. Gul Khan Khattak, decided by the United States Court...

Beneficial Ownership as a Prerequisite for Section 13(d) Group Membership: Analysis of Rosenberg v. XM Ventures

Date: Dec 6, 2001

Beneficial Ownership as a Prerequisite for Section 13(d) Group Membership: Analysis of Rosenberg v. XM Ventures Introduction In the realm of federal securities law, the delineation of beneficial...

Enhanced Sentencing for Securities Fraud in United States v. Hart et al. (273 F.3d 363)

Date: Nov 30, 2001

Enhanced Sentencing for Securities Fraud in United States v. Hart et al. (273 F.3d 363) Introduction United States v. Sean Hart, Neil White, Joseph Orlando, Lawrence Weil, 273 F.3d 363 (3d Cir....

Reaffirming RICO's Application to Public Corruption and Clarifying Honest Services Fraud: United States v. Frank Antico, Sr.

Date: Nov 29, 2001

Reaffirming RICO's Application to Public Corruption and Clarifying Honest Services Fraud: United States v. Frank Antico, Sr. Introduction United States v. Frank Antico, Sr. is a landmark case...

Emotional Distress and Attorneys' Fees in Racial Discrimination Cases: Insights from Evans v. Port Authority of N.Y. and N.J.

Date: Nov 29, 2001

Emotional Distress and Attorneys' Fees in Racial Discrimination Cases: Insights from Evans v. Port Authority of N.Y. and N.J. Introduction The case of Janet L. Evans v. Port Authority of New York and...

Application of AEDPA's One-Year Limitation and Tolling in Habeas Corpus Petitions: Ke v. Thomas Analysis

Date: Nov 29, 2001

Application of AEDPA's One-Year Limitation and Tolling in Habeas Corpus Petitions: Ke v. Thomas Analysis 1. Introduction Kevin A. Thomas, the petitioner, was convicted of first-degree murder and...

Mandamus Review Standards for Criminal Case Transfers under Fed. R. Crim. P. 21(b)

Date: Nov 22, 2001

Mandamus Review Standards for Criminal Case Transfers under Fed. R. Crim. P. 21(b) Introduction The case of In re UNITED STATES of America, Petitioner, filed under No. 01-2562 before the United...

Affirmation of Witherspoon Standards in Death Penalty Sentencing: Insights from Joseph Szuchon v. Lehman

Date: Nov 21, 2001

Affirmation of Witherspoon Standards in Death Penalty Sentencing: Insights from Joseph Szuchon v. Lehman Introduction Joseph Szuchon v. Joseph Lehman, 273 F.3d 299 (3d Cir. 2001), presents a critical...

Reinforcing Qualified Immunity Standards in Bivens Actions: Third Circuit's Decision in McLaughlin v. Watson

Date: Nov 21, 2001

Reinforcing Qualified Immunity Standards in Bivens Actions: Third Circuit's Decision in McLaughlin v. Watson Introduction The case of John McLaughlin et al. v. Alex Watson et al. adjudicated by the...

Morris County v. Nationalist Movement: Clarifying Mootness Doctrine and Attorney's Fees in First Amendment Cases

Date: Nov 17, 2001

Morris County v. Nationalist Movement: Clarifying Mootness Doctrine and Attorney's Fees in First Amendment Cases Introduction The case of County of Morris v. Nationalist Movement centers on the...

Affirmation of Summary Judgment in GFL Advantage Fund, Ltd. v. Colkitt: Short Selling Not Per Se Market Manipulation

Date: Nov 17, 2001

Affirmation of Summary Judgment in GFL Advantage Fund, Ltd. v. Colkitt: Short Selling Not Per Se Market Manipulation Introduction In the case of GFL Advantage Fund, Ltd., a British Virgin Islands...

Establishing the 'Shocks to the Conscience' Standard for Excessive Force in Schools: Gottlieb v. Laurel Highlands School District

Date: Nov 16, 2001

Establishing the 'Shocks to the Conscience' Standard for Excessive Force in Schools: Gottlieb v. Laurel Highlands School District Introduction Gottlieb v. Laurel Highlands School District is a...

Reaffirming the Implied Covenant of Good Faith in Commercial Lease Agreements: The Huang v. BP Amoco Decision

Date: Nov 9, 2001

Reaffirming the Implied Covenant of Good Faith in Commercial Lease Agreements: The Huang v. BP Amoco Decision Introduction Huang v. BP Amoco Corporation is a pivotal case adjudicated by the United...

Sentencing Based on Actual Drug Constitutes Proper Application of Apprendi: Analysis of United States v. Barbosa

Date: Nov 7, 2001

Sentencing Based on Actual Drug Constitutes Proper Application of Apprendi: Analysis of United States v. Barbosa Introduction Case: United States of America v. Luis Humberto Barbosa, Appellant....

MCI Telecommunications v. Bell Atlantic-Pennsylvania: Eleventh Amendment Immunity and Interconnection Agreements

Date: Nov 3, 2001

MCI Telecommunications v. Bell Atlantic-Pennsylvania: Eleventh Amendment Immunity and Interconnection Agreements Introduction The case of MCI Telecommunication Corporation, et al. versus Bell...

Specific Jurisdiction and Arbitration Clause Interpretation in International Contracts: Insights from General Electric Co. v. Deutz AG

Date: Nov 1, 2001

Specific Jurisdiction and Arbitration Clause Interpretation in International Contracts: Insights from General Electric Co. v. Deutz AG 1. Introduction General Electric Company v. Deutz AG is a...