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  • Commentaries
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3d Circuit Case Commentaries

Third Circuit Clarifies Fiduciary Status Under ERISA: Service Providers Without Discretionary Control Not Fiduciaries

Third Circuit Clarifies Fiduciary Status Under ERISA: Service Providers Without Discretionary Control Not Fiduciaries

Date: Sep 27, 2014
Third Circuit Clarifies Fiduciary Status Under ERISA: Service Providers Without Discretionary Control Not Fiduciaries Introduction In the case of Danielle Santomenno et al. v. John Hancock Life...
Comprehensive Analysis of Barnes v. Lower Merion School District: Establishing Discrimination in Special Education

Comprehensive Analysis of Barnes v. Lower Merion School District: Establishing Discrimination in Special Education

Date: Sep 13, 2014
Comprehensive Analysis of Barnes v. Lower Merion School District: Establishing Discrimination in Special Education Introduction In the case of Barnes v. Lower Merion School District, the United...
Intentional Discrimination Requirement for §504 Compensatory Damages: Shadie v. Hazleton Area School District

Intentional Discrimination Requirement for §504 Compensatory Damages: Shadie v. Hazleton Area School District

Date: Sep 11, 2014
Intentional Discrimination Requirement for §504 Compensatory Damages: Shadie v. Hazleton Area School District Introduction The case of Alex Shadie v. Hazleton Area School District; Gloria Forte (580...
Limits to Absolute Judicial Immunity: Third Circuit Upholds Claims Against Municipal Judge and City

Limits to Absolute Judicial Immunity: Third Circuit Upholds Claims Against Municipal Judge and City

Date: Sep 11, 2014
Limits to Absolute Judicial Immunity: Third Circuit Upholds Claims Against Municipal Judge and City Introduction The case of Wendell Kirkland and Anthony Kirkland v. Louis M.J. DiLeo and City of...
Supervisory Liability Under the Eighth Amendment: Barkes v. First Correctional Medical, Inc.

Supervisory Liability Under the Eighth Amendment: Barkes v. First Correctional Medical, Inc.

Date: Sep 6, 2014
Supervisory Liability Under the Eighth Amendment: Barkes v. First Correctional Medical, Inc. Introduction Barkes v. First Correctional Medical, Inc.; Stanley Taylor; Raphael Williams is a landmark...
Reinterpreting 'Exceptionality' under § 35(a) of the Lanham Act: Insights from Fair Wind Sailing, Inc. v. Dempster

Reinterpreting 'Exceptionality' under § 35(a) of the Lanham Act: Insights from Fair Wind Sailing, Inc. v. Dempster

Date: Sep 5, 2014
Reinterpreting 'Exceptionality' under § 35(a) of the Lanham Act: Insights from Fair Wind Sailing, Inc. v. Dempster Introduction In the landmark case of Fair Wind Sailing, Inc. v. H. Scott Dempster,...
Clarifying 'Distribution' of Child Pornography: Third Circuit Sets New Precedent under 18 U.S.C. §2252(a)(2)

Clarifying 'Distribution' of Child Pornography: Third Circuit Sets New Precedent under 18 U.S.C. §2252(a)(2)

Date: Sep 4, 2014
Clarifying 'Distribution' of Child Pornography: Third Circuit Sets New Precedent under 18 U.S.C. §2252(a)(2) Introduction In the landmark case United States of America v. Husmann, the United States...
Fraudulent Concealment in Asbestos Litigation: Insights from Williams v. BASF Catalysts LLC

Fraudulent Concealment in Asbestos Litigation: Insights from Williams v. BASF Catalysts LLC

Date: Sep 4, 2014
Fraudulent Concealment in Asbestos Litigation: Insights from Williams v. BASF Catalysts LLC Introduction Williams v. BASF Catalysts LLC, 765 F.3d 306 (3rd Cir. 2014), establishes significant...
Enhanced Protection of Consumer Privacy under §1692f(8) FDCPA: Disclosure of Account Numbers Prohibited

Enhanced Protection of Consumer Privacy under §1692f(8) FDCPA: Disclosure of Account Numbers Prohibited

Date: Aug 29, 2014
Enhanced Protection of Consumer Privacy under §1692f(8) FDCPA: Disclosure of Account Numbers Prohibited Introduction The case of Courtney Douglass, on behalf of herself and all others similarly...
Third Circuit Sets Stricter Standards for Admissibility of Prior Bad Act Evidence under Rule 404(b) in Felon Firearm Possession Cases

Third Circuit Sets Stricter Standards for Admissibility of Prior Bad Act Evidence under Rule 404(b) in Felon Firearm Possession Cases

Date: Aug 28, 2014
Third Circuit Sets Stricter Standards for Admissibility of Prior Bad Act Evidence under Rule 404(b) in Felon Firearm Possession Cases Introduction In the landmark case of United States of America v....
Third Circuit Establishes Right to Enforce Favorable IDEA Decisions Without Further Administrative Exhaustion

Third Circuit Establishes Right to Enforce Favorable IDEA Decisions Without Further Administrative Exhaustion

Date: Aug 28, 2014
Third Circuit Establishes Right to Enforce Favorable IDEA Decisions Without Further Administrative Exhaustion Introduction The case of D.E., a minor, on his behalf, by his Parents; Maria English*;...
No Presumption of Irreparable Harm in Lanham Act Claims: Ferring v. Watson

No Presumption of Irreparable Harm in Lanham Act Claims: Ferring v. Watson

Date: Aug 27, 2014
No Presumption of Irreparable Harm in Lanham Act Claims: Ferring Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc. Introduction Ferring Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc., 765...
Affirmation of Dismissal in Iwanicki v. Pennsylvania Department of Corrections: Clarifying Scope of Section 1983 Claims

Affirmation of Dismissal in Iwanicki v. Pennsylvania Department of Corrections: Clarifying Scope of Section 1983 Claims

Date: Aug 27, 2014
Affirmation of Dismissal in Iwanicki v. Pennsylvania Department of Corrections: Clarifying Scope of Section 1983 Claims Introduction In the case of Christopher Iwanicki v. Pennsylvania Department of...
Expansion of the Automobile Exception: Third Circuit Upholds Warrantless Vehicle Searches in Fugitive Cases

Expansion of the Automobile Exception: Third Circuit Upholds Warrantless Vehicle Searches in Fugitive Cases

Date: Aug 23, 2014
Expansion of the Automobile Exception: Third Circuit Upholds Warrantless Vehicle Searches in Fugitive Cases Introduction The case of United States of America v. Joseph P. Donahue, adjudicated by the...
Affirmation of Conspiracy Conviction: The United States v. Claxton Decision on Speedy Trial and Jury Impartiality

Affirmation of Conspiracy Conviction: The United States v. Claxton Decision on Speedy Trial and Jury Impartiality

Date: Aug 19, 2014
Affirmation of Conspiracy Conviction: The United States v. Claxton Decision on Speedy Trial and Jury Impartiality Introduction In the case of United States of America v. Craig Claxton, the United...
Procedural Due Process in Inmate Account Deductions: Montañez and Hale v. Secretary, Pennsylvania Department of Corrections

Procedural Due Process in Inmate Account Deductions: Montañez and Hale v. Secretary, Pennsylvania Department of Corrections

Date: Aug 16, 2014
Procedural Due Process in Inmate Account Deductions: Montañez and Hale v. Secretary, Pennsylvania Department of Corrections Introduction Montañez and Hale v. Secretary, Pennsylvania Department of...
Third Circuit Establishes Requirement for Pre-Deprivation Process in Inmate Account Deductions under Due Process

Third Circuit Establishes Requirement for Pre-Deprivation Process in Inmate Account Deductions under Due Process

Date: Aug 16, 2014
Third Circuit Establishes Requirement for Pre-Deprivation Process in Inmate Account Deductions under Due Process Introduction In the case of Domingo Colon Montañez; Timothy A. Hale v. Secretary...
Martinez Exception to Procedural Default in Habeas Corpus: COX v. HORN Analysis

Martinez Exception to Procedural Default in Habeas Corpus: COX v. HORN Analysis

Date: Aug 8, 2014
Martinez Exception to Procedural Default in Habeas Corpus: COX v. HORN Analysis Introduction In COX v. HORN, 757 F.3d 113 (3rd Cir. 2014), the United States Court of Appeals for the Third Circuit...
ERISA's Comprehensive Preemption Enforced for Supplementary Insurance within Single Benefits Plan: Third Circuit Decision

ERISA's Comprehensive Preemption Enforced for Supplementary Insurance within Single Benefits Plan: Third Circuit Decision

Date: Aug 7, 2014
ERISA's Comprehensive Preemption Enforced for Supplementary Insurance within Single Benefits Plan: Third Circuit Decision Introduction In the landmark case of Alexander L. Menkes; Stephen Wolfe v....
Third Circuit Clarifies Application of the Mailbox Rule in FMLA Notice Requirements

Third Circuit Clarifies Application of the Mailbox Rule in FMLA Notice Requirements

Date: Aug 6, 2014
Third Circuit Clarifies Application of the Mailbox Rule in FMLA Notice Requirements Introduction In the landmark case Lisa M. Lupyan v. Corinthian Colleges, Inc., 761 F.3d 314 (3d Cir. 2014), the...
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