3d Circuit Case Commentaries

Defining Constructive Notice in Premises Liability: Insights from Saldana v. Kmart Corporation

Date: Jul 24, 2001

Defining Constructive Notice in Premises Liability: Insights from Saldana v. Kmart Corporation Introduction Marie Saldana filed a negligence lawsuit against Kmart Corporation following a...

John Doe v. Joan Delie: Affirming the Inmate's Substantive Due Process Right to Medical Privacy under the Fourteenth Amendment

Date: Jul 20, 2001

John Doe v. Joan Delie: Affirming the Inmate's Substantive Due Process Right to Medical Privacy under the Fourteenth Amendment Introduction The case of John Doe v. Joan Delie (257 F.3d 309)...

Enhancing Scrutiny on Attorney Fee Awards: Insights from Loughner v. University of Pittsburgh

Date: Jul 19, 2001

Enhancing Scrutiny on Attorney Fee Awards: Insights from Loughner v. University of Pittsburgh Introduction Loughner v. University of Pittsburgh is a pivotal case from the United States Court of...

Invalidation of Dual Recovery Prohibition in Multi-Tortfeasor Automobile Insurance Claims under Pennsylvania’s Motor Vehicle Financial Responsibility Law

Date: Jul 19, 2001

Invalidation of Dual Recovery Prohibition in Multi-Tortfeasor Automobile Insurance Claims under Pennsylvania’s Motor Vehicle Financial Responsibility Law Introduction In the seminal case NATIONWIDE...

Qualified Immunity and Fourth Amendment Claims in Execution of Search Warrants: Leveto v. Agents

Date: Jul 18, 2001

Qualified Immunity and Fourth Amendment Claims in Execution of Search Warrants: Leveto v. Agents Introduction In the case of Daniel J. Leveto; Margaret A. Leveto v. Robert A. Lapina et al.,...

Applying Collateral Estoppel to CERCLA Contribution Claims: Expansive Interpretation of Indemnification under New York Law

Date: Jul 18, 2001

Applying Collateral Estoppel to CERCLA Contribution Claims: Expansive Interpretation of Indemnification under New York Law Introduction Horsehead Industries, Inc. v. Paramount Communications, Inc.,...

Revisiting Qualified Immunity and Ministerial Duties: Insights from Eddy v. Virgin Islands Water and Power Authority

Date: Jul 11, 2001

Revisiting Qualified Immunity and Ministerial Duties: Insights from Eddy v. Virgin Islands Water and Power Authority Introduction Eddy v. Virgin Islands Water and Power Authority is a seminal case...

Redefining Essential Job Functions under the ADA: Insights from Skerski v. Time Warner

Date: Jul 10, 2001

Redefining Essential Job Functions under the ADA: Insights from Skerski v. Time Warner Introduction Skerski v. Time Warner Cable Company is a pivotal case adjudicated by the United States Court of...

United States v. Pressler: Affirming Sentencing Standards While Vacating Conspiracy Conviction Due to Insufficient Evidence of Agreement

Date: Jul 3, 2001

United States v. Pressler: Affirming Sentencing Standards While Vacating Conspiracy Conviction Due to Insufficient Evidence of Agreement Introduction United States of America v. Daniel E. Pressler,...

Conflict of Interest and Effective Assistance of Counsel: Insights from Duncan v. Morton

Date: Jun 30, 2001

Conflict of Interest and Effective Assistance of Counsel: Insights from Duncan v. Morton Introduction The case of Edward Lamonte Duncan v. Willis Morton, Administrator; Attorney General of the State...

Reasonableness of Attorneys' Fees under 42 U.S.C. §1983: Insights from MALDONADO v. HOUSTOUN

Date: Jun 28, 2001

Reasonableness of Attorneys' Fees under 42 U.S.C. §1983: Insights from MALDONADO v. HOUSTOUN Introduction MALDONADO v. HOUSTOUN is a pivotal case adjudicated by the United States Court of Appeals for...

Prosecutorial Misconduct and Due Process: Moore v. Morton Establishes Critical Precedent

Date: Jun 23, 2001

Prosecutorial Misconduct and Due Process: Moore v. Morton Establishes Critical Precedent Introduction The case of Clarence Moore v. Willis Morton, Administrator; Peter G. Verniero, Attorney General...

Noerr-Pennington Immunity Affirmed in Bedell Wholesale v. Philip Morris

Date: Jun 20, 2001

Noerr-Pennington Immunity Affirmed in Bedell Wholesale v. Philip Morris Introduction The case of A.D. Bedell Wholesale Company, Inc. v. Philip Morris Incorporated (263 F.3d 239) deliberates on the...

Affirmation of Typosquatting Liability under the Anticybersquatting Consumer Protection Act: SHIELDS v. ZUCCARINI

Date: Jun 16, 2001

Affirmation of Typosquatting Liability under the Anticybersquatting Consumer Protection Act: SHIELDS v. ZUCCARINI Introduction Joseph C. Shields, doing business as The Joe Cartoon Company, brought a...

False Claims Act Requires Economic Loss: Hutchins v. Wilentz, Goldman Spitzer

Date: Jun 14, 2001

False Claims Act Requires Economic Loss: Hutchins v. Wilentz, Goldman Spitzer Introduction The case of Charles T. Hutchins v. Wilentz, Goldman Spitzer, adjudicated by the United States Court of...

George v. Sively: Affirming Effective Assistance of Counsel and §2255 Jurisdiction in Territorial Crime Cases

Date: Jun 13, 2001

George v. Sively: Affirming Effective Assistance of Counsel and §2255 Jurisdiction in Territorial Crime Cases Introduction George v. Sively is a pivotal case adjudicated by the United States Court of...

Third Circuit Establishes Standard for Deliberate Indifference in Juvenile Detention Sexual Abuse Cases

Date: Jun 12, 2001

Third Circuit Establishes Standard for Deliberate Indifference in Juvenile Detention Sexual Abuse Cases Introduction In the case of Amie Marie Beers-Capitol; Aliya Tate, Appellants, v. Barry Whetzel,...

Unjust Enrichment in Lease Agreements: Insights from Drysdale v. Woerth

Date: Jun 9, 2001

Unjust Enrichment in Lease Agreements: Insights from Drysdale v. Woerth Introduction In the case of Mary Douglas Drysdale, et al. v. Dorothy Woerth, decided on June 8, 2001, by the United States...

Generic Choice-of-Law Clauses Insufficient to Override FAA Standards in Arbitration Awards

Date: Jun 8, 2001

Generic Choice-of-Law Clauses Insufficient to Override FAA Standards in Arbitration Awards Introduction Roadway Package System, Inc. v. Scott Kayser, 257 F.3d 287 (3d Cir. 2001), is a pivotal case...

Mandatory Evidentiary Hearing for §2255 Petitions: Solis v. United States

Date: Jun 6, 2001

Mandatory Evidentiary Hearing for §2255 Petitions: Solis v. United States Introduction Julio Solis v. United States is a pivotal case decided by the United States Court of Appeals for the Third...