3d Circuit Case Commentaries

Third Circuit Rules Against Absolute and Qualified Immunity for Local Commissioners in Racial Retaliation Termination

Date: Jun 10, 2000

Third Circuit Rules Against Absolute and Qualified Immunity for Local Commissioners in Racial Retaliation Termination Introduction The case of Robert E. Wright, Sr. v. Montgomery County, adjudicated...

Restricting Third-Party Standing in First Amendment Challenges: The Pitt News v. Fisher

Date: Jun 7, 2000

Restricting Third-Party Standing in First Amendment Challenges: The Pitt News v. Fisher Introduction The Pitt News v. D. Michael Fisher is a pivotal case adjudicated by the United States Court of...

Sovereign Immunity Restricts Monetary Damages under Rule 41(e): Analysis of United States v. Esther Bein and William Bein

Date: Jun 6, 2000

Sovereign Immunity Restricts Monetary Damages under Rule 41(e): Analysis of United States v. Esther Bein and William Bein Introduction United States of America v. Esther Bein and William Bein (214...

Collateral Estoppel in ADA Claims Following Workers' Compensation Findings: Jones v. UPS

Date: Jun 3, 2000

Collateral Estoppel in ADA Claims Following Workers' Compensation Findings: Jones v. UPS Introduction In the case of Neil E. Jones and Robert E. Jones v. United Parcel Service (UPS), the United...

Heightened Scrutiny in ERISA Benefit Denials by Dual-Role Insurance Administrators

Date: Jun 1, 2000

Heightened Scrutiny in ERISA Benefit Denials by Dual-Role Insurance Administrators Introduction The case of Maria H. Pinto v. Reliance Standard Life Insurance Company, decided by the United States...

Application of Delaware's One-Year Statute of Limitations to ERISA §502(a)(1)(B) Claims: Syed v. Hercules Inc.

Date: May 31, 2000

Application of Delaware's One-Year Statute of Limitations to ERISA §502(a)(1)(B) Claims: Syed v. Hercules Inc. Introduction The case of Sajid L. Syed v. Hercules Inc., decided by the United States...

Antitrust Standing in Generic Drug Litigation: Insights from In Re: Warfarin Sodium Antitrust Litigation

Date: May 31, 2000

Antitrust Standing in Generic Drug Litigation: Insights from In Re: Warfarin Sodium Antitrust Litigation Introduction The case of In Re: Warfarin Sodium Antitrust Litigation (214 F.3d 395) presents a...

Enhanced Notice Requirements in Judicial Forfeiture Proceedings Against Incarcerated Individuals: A Comprehensive Analysis of United States v. McGlory

Date: May 25, 2000

Enhanced Notice Requirements in Judicial Forfeiture Proceedings Against Incarcerated Individuals: A Comprehensive Analysis of United States v. McGlory Introduction The case of United States of...

Shoats v. Horn: Affirming Procedural Due Process in Administrative Custody

Date: May 24, 2000

Shoats v. Horn: Affirming Procedural Due Process in Administrative Custody Introduction The case of Russell Shoats v. Martin Horn addresses the constitutional implications of prolonged administrative...

ERISA Interest Awards and Equitable Limitations: Insights from Holmes v. Pension Plan of Bethlehem Steel

Date: May 24, 2000

ERISA Interest Awards and Equitable Limitations: Insights from Holmes v. Pension Plan of Bethlehem Steel Introduction In the landmark case of Arnold Holmes; Lawrence Hollyfield, Fiduciary to the...

Special Relationship and Affirmative Duties in Foster Care Placements: Nicini v. Morra

Date: May 20, 2000

Special Relationship and Affirmative Duties in Foster Care Placements: Nicini v. Morra Introduction Anthony Nicini, Jr., a fifteen-year-old admitted to the John F. Kennedy Hospital's Crisis Center...

Third Circuit Clarifies Application of PLRA §803(d) on Dismissals Without Leave to Amend in §1983 Cases

Date: May 20, 2000

Third Circuit Clarifies Application of PLRA §803(d) on Dismissals Without Leave to Amend in §1983 Cases Introduction In the landmark case of Stanford Shane; Otis Terrell; Robert Stewart v. William...

Third Circuit Affirms Qualified Immunity: Non-Material Omissions in Warrant Affidavit

Date: May 20, 2000

Third Circuit Affirms Qualified Immunity: Non-Material Omissions in Warrant Affidavit Introduction In the case of Franklin Wilson v. Darrin J. Russo et al., decided by the United States Court of...

Affirmation of Summary Judgment in NDPS v. Meridian Bank: Implications for Contractual Best Efforts and Tortious Interference

Date: May 20, 2000

Affirmation of Summary Judgment in NDPS v. Meridian Bank: Implications for Contractual Best Efforts and Tortious Interference Introduction The case of National Data Payment Systems, Inc. (NDPS) v....

Affirmation of Habeas Corpus Denial in FERGUSON v. STATE: Procedural Amendments to Death Penalty Statute Do Not Violate Ex Post Facto Clause

Date: May 18, 2000

Affirmation of Habeas Corpus Denial in FERGUSON v. STATE: Procedural Amendments to Death Penalty Statute Do Not Violate Ex Post Facto Clause Introduction FERGUSON v. STATE of Delaware (212 F.3d 226,...

United States v. Mannino: Reinforcing Sentencing Guidelines Compliance and Counsel Effectiveness

Date: May 16, 2000

United States v. Mannino: Reinforcing Sentencing Guidelines Compliance and Counsel Effectiveness Introduction In United States of America v. Ignazio Antonino Mannino, a/k/a Nino, et al., the United...

Third Circuit Clarifies Limitations on Impeaching Hearsay Declarant's Credibility Under FRE 806 and 608(b)

Date: May 16, 2000

Third Circuit Clarifies Limitations on Impeaching Hearsay Declarant's Credibility Under FRE 806 and 608(b) Introduction In the case of United States of America v. Neil Saada and Isaac Saada, decided...

Third Circuit Upholds Prison Cost Recovery Program as Constitutional

Date: May 11, 2000

Third Circuit Upholds Prison Cost Recovery Program as Constitutional Introduction In the landmark case Leonard G. Tillman v. Lebanon County Correctional Facility; Robert L. Raiger, Warden, the United...

Qualified Immunity and Retaliatory Action in Merkle v. Upper Dublin School District

Date: May 10, 2000

Qualified Immunity and Retaliatory Action in Merkle v. Upper Dublin School District Introduction Lou Ann Merkle v. Upper Dublin School District is a pivotal case adjudicated by the United States...

Accrual of Toxic Tort Claims and Future Claimants in Bankruptcy Proceedings: A Comprehensive Analysis of Chemetron Corp. v. Appellants

Date: May 10, 2000

Accrual of Toxic Tort Claims and Future Claimants in Bankruptcy Proceedings: A Comprehensive Analysis of Chemetron Corp. v. Appellants Introduction Chemetron Corporation v. Multiple Appellants is a...