3d Circuit Case Commentaries

Enhanced Scrutiny of Personal Misrepresentations in Securities Fraud: EP MedSystems v. EchoCath

Date: Dec 27, 2000

Enhanced Scrutiny of Personal Misrepresentations in Securities Fraud: EP MedSystems v. EchoCath Introduction In the landmark case EP MedSystems, Inc. v. EchoCath, Inc. (235 F.3d 865), the United...

Affirmation of 'Date of Notification' Rule for Statute of Limitations in Employment Discrimination: Watson v. Eastman Kodak

Date: Dec 22, 2000

Affirmation of 'Date of Notification' Rule for Statute of Limitations in Employment Discrimination: Watson v. Eastman Kodak Introduction Watson v. Eastman Kodak Company is a pivotal case adjudicated...

Municipal Liability for Political Retaliation in Budgetary Decisions: Langford v. City of Atlantic City

Date: Dec 19, 2000

Municipal Liability for Political Retaliation in Budgetary Decisions: Langford v. City of Atlantic City Introduction The case of Lorenzo Langford and William Marsh v. City of Atlantic City addresses...

Federal Courts' Discretion in Declaratory Judgments Over State Law Issues: Insights from State Auto Insurance Companies v. Summy

Date: Dec 2, 2000

Federal Courts' Discretion in Declaratory Judgments Over State Law Issues: Insights from State Auto Insurance Companies v. Summy Introduction State Auto Insurance Companies v. Eric Summy is a pivotal...

Expanding Trademark Protection: Reverse Confusion in AH Sportswear v. Victoria's Secret

Date: Dec 2, 2000

Expanding Trademark Protection: Reverse Confusion in AH Sportswear v. Victoria's Secret Introduction The case of AH Sportswear, Inc; Mainstream Swimsuits, Inc. v. Victoria's Secret Stores, Inc....

Right to Self-Representation Affirmed: The Leroy Buhl Case Sets New Precedent in Habeas Corpus Review

Date: Dec 2, 2000

Right to Self-Representation Affirmed: The Leroy Buhl Case Sets New Precedent in Habeas Corpus Review Introduction The case of Leroy Buhl vs. Mr. Cooksey, Warden; Attorney General of the State of New...

Scope of Arbitration Clauses Under Pennsylvania Law: Third Circuit Affirms Judicial Determination of Arbitrability

Date: Dec 1, 2000

Scope of Arbitration Clauses Under Pennsylvania Law: Third Circuit Affirms Judicial Determination of Arbitrability Introduction The case of Raymond J. Battaglia, Sr., Appellant, v. Mary Ann McKendry;...

Affirmation of Perjury Conviction and Downward Departure for Exceptional Civic Contributions in U.S. v. SERAFINI

Date: Nov 29, 2000

Affirmation of Perjury Conviction and Downward Departure for Exceptional Civic Contributions in U.S. v. SERAFINI Introduction United States of America v. Frank Serafini is a notable decision from the...

Bankruptcy Estate Inclusion of Successive Legal Malpractice Actions: In re Anne L. O'Dowd

Date: Nov 29, 2000

Bankruptcy Estate Inclusion of Successive Legal Malpractice Actions: In re Anne L. O'Dowd Introduction The case of In re Anne L. O'Dowd presents a nuanced exploration of bankruptcy law, particularly...

Judicial Discretion in Modifying Class Action Settlement Deadlines: In re Cendant Corporation Prides Litigation

Date: Nov 23, 2000

Judicial Discretion in Modifying Class Action Settlement Deadlines: In re Cendant Corporation Prides Litigation Introduction The case of In re Cendant Corporation Prides Litigation addresses pivotal...

Reaffirming Daubert Standards for Non-Scientific Expert Testimony: Elcock v. Kmart

Date: Nov 21, 2000

Reaffirming Daubert Standards for Non-Scientific Expert Testimony: Elcock v. Kmart Introduction Elcock v. Kmart Corporation, 233 F.3d 734 (3d Cir. 2000), is a pivotal case that reaffirms the...

Daubert Standards Applied to Vocational Rehabilitation Experts: A Comprehensive Analysis of Elcock v. Kmart Corporation

Date: Nov 21, 2000

Daubert Standards Applied to Vocational Rehabilitation Experts: A Comprehensive Analysis of Elcock v. Kmart Corporation Introduction The appellate decision in Carmelita Elcock v. Kmart Corporation,...

Third Circuit Reaffirms FLSA Coverage for Non-Profit Human Services Providers and Clarifies Deference to Agency Interpretations

Date: Nov 16, 2000

Third Circuit Reaffirms FLSA Coverage for Non-Profit Human Services Providers and Clarifies Deference to Agency Interpretations Introduction The case of Dannett Madison, on behalf of herself and...

Westfall Act Clarified in Brumfield v. Sanders: Scope of Employment and Defamation Claims

Date: Nov 15, 2000

Westfall Act Clarified in Brumfield v. Sanders: Scope of Employment and Defamation Claims Introduction The case of P. Brian Brumfield v. Sherri Sanders et al., United States of America (232 F.3d 376,...

Equitable Tolling of State Statutes of Limitations in Federal Civil Rights Actions for Mentally Retarded Individuals: LAKE v. ARNOLD

Date: Nov 8, 2000

Equitable Tolling of State Statutes of Limitations in Federal Civil Rights Actions for Mentally Retarded Individuals: LAKE v. ARNOLD Introduction Case: Elizabeth J. Arnold Lake and Justin Wilson...

Reaffirming Reasonable Suspicion: United States v. Valentine

Date: Nov 3, 2000

Reaffirming Reasonable Suspicion: United States v. Valentine Introduction United States of America v. Larry Valentine, 232 F.3d 350 (3d Cir. 2000), is a pivotal case in the realm of Fourth Amendment...

Authorized Casino Countermeasures Against Card Counters Do Not Violate RICO: An Analysis of Doug Grant, Inc. v. Great Bay Casino Corp.

Date: Nov 3, 2000

Authorized Casino Countermeasures Against Card Counters Do Not Violate RICO: An Analysis of Doug Grant, Inc. v. Great Bay Casino Corp. Introduction In the landmark case Doug Grant, Inc., et al. v....

Limits on Constitutional Protection for University-Recognized Fraternities: Pi Lambda Phi v. University of Pittsburgh

Date: Oct 26, 2000

Limits on Constitutional Protection for University-Recognized Fraternities: Pi Lambda Phi v. University of Pittsburgh Introduction The case Pi Lambda Phi Fraternity, Inc. v. University of Pittsburgh...

Limitation of Certificates of Appealability in Non-Constitutional Claims: Analysis of United States v. Lawrence Brooks

Date: Oct 24, 2000

Limitation of Certificates of Appealability in Non-Constitutional Claims: Analysis of United States v. Lawrence Brooks Introduction United States of America v. Lawrence Brooks is a pivotal case...

Binding Effect of Named Insured’s Uninsured Motorist Coverage Election on Successor Insureds: Nationwide Mutual Insurance Co. v. Buffetta

Date: Oct 21, 2000

Binding Effect of Named Insured’s Uninsured Motorist Coverage Election on Successor Insureds: Nationwide Mutual Insurance Co. v. Buffetta Introduction Nationwide Mutual Insurance Company v. Rosetta...