3d Circuit Case Commentaries

New Rock Asset Partners: Third Circuit Establishes Supplemental Jurisdiction After RTC Dismissal under FIRREA

Date: Dec 11, 1996

New Rock Asset Partners: Third Circuit Establishes Supplemental Jurisdiction After RTC Dismissal under FIRREA Introduction New Rock Asset Partners, L.P. v. Preferred Entity Advancements, Inc.; DAML...

Reputation-Plus Requirement Under Section 1983: Analysis of Ersek v. Township of Springfield

Date: Dec 10, 1996

Reputation-Plus Requirement Under Section 1983: Analysis of Ersek v. Township of Springfield Introduction Ellen Ersek v. Township of Springfield, Delaware County is a pivotal case that examines the...

Philbin v. Trans Union: Clarifying Plaintiff's Burden in FCRA Negligence Claims

Date: Dec 7, 1996

Philbin v. Trans Union: Clarifying Plaintiff's Burden in FCRA Negligence Claims Introduction The case of James R. Philbin, Jr. v. Trans Union Corporation; TRW Credentials (101 F.3d 957) adjudicated...

Perception of Disability in ADA Claims: Analysis of Olson v. GE Astrospace

Date: Dec 6, 1996

Perception of Disability in ADA Claims: Analysis of Olson v. GE Astrospace Introduction Olson v. General Electric Astrospace is a pivotal case decided by the United States Court of Appeals for the...

Third Circuit Upholds HHS's Authority to Impose Private Consumer Interest Rates on State Debts

Date: Dec 5, 1996

Third Circuit Upholds HHS's Authority to Impose Private Consumer Interest Rates on State Debts Introduction The case of Commonwealth of Pennsylvania Department of Public Welfare v. United States...

Exemptions Under the Prison Litigation Reform Act: Insights from Madden v. Myers

Date: Dec 4, 1996

Exemptions Under the Prison Litigation Reform Act: Insights from Madden v. Myers Introduction The case of Ronald Madden v. Kevin Myers, adjudicated by the United States Court of Appeals for the Third...

Security Clearance Revocation and Standing: Insights from Stehney v. Perry

Date: Dec 4, 1996

Security Clearance Revocation and Standing: Insights from Stehney v. Perry Introduction Stehney v. Perry is a pivotal case adjudicated by the United States Court of Appeals for the Third Circuit in...

Berryman v. Morton: Defining Effective Assistance of Counsel under Strickland and AEDPA Amendments

Date: Nov 15, 1996

Berryman v. Morton: Defining Effective Assistance of Counsel under Strickland and AEDPA Amendments Introduction In the landmark case of EarL Berryman v. Willis Morton, the United States Court of...

Clarifying Pretext and Burden-Shifting in Employment Discrimination: Sheridan v. DuPont

Date: Nov 15, 1996

Clarifying Pretext and Burden-Shifting in Employment Discrimination: Sheridan v. DuPont Introduction Sheridan v. E.I. DuPont de Nemours & Company is a pivotal case in employment discrimination law,...

Attorney's Fees Post-Remand under 28 U.S.C. §1447(c): Mint v. Educational Testing Service

Date: Nov 15, 1996

Attorney's Fees Post-Remand under 28 U.S.C. §1447(c): Mint v. Educational Testing Service Introduction In the case of Jeffrey A. Mints v. Educational Testing Service (ETS), decided on November 14,...

Proper Issuance of Summons Essential for Personal Jurisdiction: Ayres v. Jacobs Crumplar

Date: Nov 2, 1996

Proper Issuance of Summons Essential for Personal Jurisdiction: Ayres v. Jacobs Crumplar Introduction Caroline P. Ayres v. Jacobs Crumplar, P.A., decided by the United States Court of Appeals for the...

Apportioned Liability and Set-Off for Settling Insurers in Excess Liability Claims: Koppers Co. v. Jackson and Companies

Date: Oct 29, 1996

Apportioned Liability and Set-Off for Settling Insurers in Excess Liability Claims: Koppers Company, Inc. v. Jackson and Companies Introduction Koppers Company, Inc. v. Jackson and Companies, decided...

Strict Enforcement of Procedural Default in Habeas Corpus Petitions: Moscato v. Federal Bureau of Prisons

Date: Oct 23, 1996

Strict Enforcement of Procedural Default in Habeas Corpus Petitions: Moscato v. Federal Bureau of Prisons Introduction Moscato v. Federal Bureau of Prisons is a seminal case adjudicated by the United...

Admissibility of Sexual Assault Evidence as Motive in Kidnapping: United States v. Nopporn Sriyuth

Date: Oct 19, 1996

Admissibility of Sexual Assault Evidence as Motive in Kidnapping: United States v. Nopporn Sriyuth Introduction United States of America v. Nopporn Sriyuth (98 F.3d 739), adjudicated by the United...

Santana v. United States: Clarifying PLRA Applicability to Habeas Corpus Petitions

Date: Oct 19, 1996

Santana v. United States: Clarifying PLRA Applicability to Habeas Corpus Petitions Introduction Ernesto Santana v. United States of America, 98 F.3d 752 (3d Cir. 1996), is a pivotal case that...

Refining Qualified Immunity: Individualized Analysis and Consideration of Motives in Civil Rights Litigation

Date: Oct 19, 1996

Refining Qualified Immunity: Individualized Analysis and Consideration of Motives in Civil Rights Litigation Introduction The case of Grant v. City of Pittsburgh, adjudicated by the United States...

Employment Discrimination: Lawrence v. National Westminster Bank Establishes Nuanced Burden-Shifting Framework

Date: Oct 16, 1996

Employment Discrimination: Lawrence v. National Westminster Bank Establishes Nuanced Burden-Shifting Framework Introduction Albert L. Lawrence filed a lawsuit against National Westminster Bank New...

Third Circuit Affirms Asset Freeze Without Hearing in Family Litigation but Reverses Bond Waiver

Date: Oct 10, 1996

Third Circuit Affirms Asset Freeze Without Hearing in Family Litigation but Reverses Bond Waiver Introduction The appellate case Constance K. Elliott et al. v. William B. Kiesewetter, Jr. and Jayne...

Kurz v. Philadelphia Electric Company: Defining Serious Consideration and Statutory Limitations under ERISA

Date: Oct 2, 1996

Kurz v. Philadelphia Electric Company: Defining Serious Consideration and Statutory Limitations under ERISA Introduction Kurz v. Philadelphia Electric Company is a seminal case adjudicated by the...

Futility of Habeas Corpus Without Exhaustion of State Remedies: Insights from Doctor v. Walters

Date: Sep 25, 1996

Futility of Habeas Corpus Without Exhaustion of State Remedies: Insights from Doctor v. Walters Introduction The case of Gary Lee Doctor v. Gilbert A. Walters, 96 F.3d 675 (3d Cir. 1996), presents a...