3d Circuit Case Commentaries

Third Circuit Upholds Sentencing Commission's Restriction on Below-Guidelines Reductions

Date: Sep 12, 2012

Third Circuit Upholds Sentencing Commission's Restriction on Below-Guidelines Reductions Introduction In United States v. Joel Berberena, [694 F.3d 514 (3d Cir. 2012)], the United States Court of...

Establishing the Precedence of Equitable Tolling in Brady Violations: Da v. Joseph Munchinski

Date: Sep 12, 2012

Establishing the Precedence of Equitable Tolling in Brady Violations: Da v. Joseph Munchinski Introduction Da v. Joseph Munchinski (694 F.3d 308, 3rd Cir., 2012) is a landmark case decided by the...

Enforceability of Express Condition Precedent DSOL Provisions in Reinsurance Contracts: Pacific Employers Insurance Co. v. Global Reinsurance Corporation of America

Date: Sep 8, 2012

Enforceability of Express Condition Precedent DSOL Provisions in Reinsurance Contracts: Pacific Employers Insurance Co. v. Global Reinsurance Corporation of America Introduction In the landmark case...

Strict Application of Relation Back Doctrine and Narrow FCEUA Definitions in Glover v. Udren

Date: Sep 6, 2012

Strict Application of Relation Back Doctrine and Narrow FCEUA Definitions in Glover v. Udren Introduction In Mary E. Glover, indi v. Dually and on behalf of other similarly situated former and...

Third Circuit Emphasizes Strict Compliance with New Jersey's Affidavit of Merit Statute in Federal Bankruptcy-Related Litigation

Date: Aug 17, 2012

Third Circuit Emphasizes Strict Compliance with New Jersey's Affidavit of Merit Statute in Federal Bankruptcy-Related Litigation Introduction In the appellate case of Nuveen Municipal Trust, on...

Clarifying the Scope of Quality Assurance Records and Non-Discriminatory Enforcement in Medicare Compliance: Insights from Jewish Home of Eastern PA v. CMS

Date: Aug 15, 2012

Clarifying the Scope of Quality Assurance Records and Non-Discriminatory Enforcement in Medicare Compliance: Insights from Jewish Home of Eastern PA v. CMS Introduction The case of Jewish Home of...

Ripening of Premature Petitions in Immigration Appeals: The 3rd Circuit's Application of Cape May Greene Doctrine

Date: Aug 15, 2012

Ripening of Premature Petitions in Immigration Appeals: The 3rd Circuit's Application of Cape May Greene Doctrine Introduction In the case of Mohammed Shuaib Khan; Faras Shuaib Khan v. Attorney...

Zavala v. Wal-Mart: Establishing Standards for FLSA Class Certification and Dismissing RICO Claims

Date: Aug 10, 2012

Zavala v. Wal-Mart: Establishing Standards for FLSA Class Certification and Dismissing RICO Claims Introduction In the case of Victor Zavala et al. v. Wal-Mart Stores Inc., adjudicated by the United...

Third Circuit Sets Firm Limits on Class Certification in Consumer Fraud Under NJCFA: Marcus v. BMW and Bridgestone

Date: Aug 8, 2012

Third Circuit Sets Firm Limits on Class Certification in Consumer Fraud Under NJCFA: Marcus v. BMW and Bridgestone Introduction The case of Jeffrey Marcus, Individually and On Behalf of All Others...

Enhanced Standards for FMLA Notice and Retaliation: Insights from Lichtenstein v. UPMC

Date: Aug 4, 2012

Enhanced Standards for FMLA Notice and Retaliation: Insights from Lichtenstein v. UPMC Introduction In the landmark case of Jamie LICHTENSTEIN v. UNIVERSITY OF PITTSBURGH MEDICAL CENTER (UPMC), the...

Affirmation of AEDPA Deference in Effective Assistance of Counsel Claims: McBride v. Superintendent SCI Houtzdale

Date: Aug 2, 2012

Affirmation of AEDPA Deference in Effective Assistance of Counsel Claims: McBride v. Superintendent SCI Houtzdale Introduction McBride v. Superintendent, SCI Houtzdale is a significant judicial...

Clarifying Insurance Coverage for Sanctions Proceedings in Legal Malpractice Claims: Insights from Post v. Travelers

Date: Aug 1, 2012

Clarifying Insurance Coverage for Sanctions Proceedings in Legal Malpractice Claims: Insights from Post v. Travelers Introduction The case of Benjamin A. Post, Esquire v. St. Paul Travelers Insurance...

Third Circuit Reinforces Statute of Limitations and Personal Liability in §1983 Prison Claims: Mitchell v. Beard

Date: Jul 20, 2012

Third Circuit Reinforces Statute of Limitations and Personal Liability in §1983 Prison Claims: Mitchell v. Beard Introduction Isaac Mitchell, a capital inmate at the State Correctional Institution at...

Affirmation of Denial for Counsel Appointment and Summary Judgment in Carson v. Mulvihill

Date: Jul 17, 2012

Affirmation of Denial for Counsel Appointment and Summary Judgment in Carson v. Mulvihill Introduction Randolph Carson, the appellant, challenged the decision of the United States District Court for...

Intentional Misrepresentation Necessary to Toll IDEA’s Statute of Limitations: Third Circuit Decision

Date: Jul 10, 2012

Intentional Misrepresentation Necessary to Toll IDEA’s Statute of Limitations: Third Circuit Decision Introduction The case of D.K. et al. v. Abington School District examines critical aspects of the...

Enterprise Holdings v. Assistant Managers: Defining Joint Employer Status under the FLSA

Date: Jun 29, 2012

Enterprise Holdings v. Assistant Managers: Defining Joint Employer Status under the FLSA Introduction The case of In re Enterprise Rent–A–Car Wage & Hour Employment Practices Litigation (Nickolas...

Federal Preemption and Sovereign Immunity in State Claims Over U.S. Savings Bonds: TREASURER OF NJ et al. v. U.S. Department of the Treasury

Date: Jun 28, 2012

Federal Preemption and Sovereign Immunity in State Claims Over U.S. Savings Bonds Introduction In the case of Treasurer of the State of New Jersey et al. v. United States Department of the Treasury,...

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