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  • Commentaries
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3d Circuit Case Commentaries

Express Determination under FRCP 54(b): Insights from Elliott v. Archdiocese of New York

Express Determination under FRCP 54(b): Insights from Elliott v. Archdiocese of New York

Date: Jun 13, 2012
Express Determination under FRCP 54(b): Insights from Elliott v. Archdiocese of New York Introduction In Brian Elliott v. Archdiocese of New York, the United States Court of Appeals for the Third...
Affirmation of Honest Services Fraud Conviction Post-Skilling in United States v. Andrews

Affirmation of Honest Services Fraud Conviction Post-Skilling in United States v. Andrews

Date: Jun 5, 2012
Affirmation of Honest Services Fraud Conviction Post-Skilling in United States v. Andrews Introduction The case of United States of America v. Ashley Andrews, 681 F.3d 509 (3d Cir. 2012), presents a...
Enhanced Standards for Class Representation under Fed. R. Civ. P. 23(a)(4): Insights from Dewev v. Volkswagen

Enhanced Standards for Class Representation under Fed. R. Civ. P. 23(a)(4): Insights from Dewev v. Volkswagen

Date: Jun 1, 2012
Enhanced Standards for Class Representation under Fed. R. Civ. P. 23(a)(4): Insights from Dewev v. Volkswagen Introduction The case of John M. Dewey et al. v. Volkswagen Aktiengesellschaft et al.,...
Third Circuit Refines 'Claims' Definition in Bankruptcy Proceedings: Balancing Debtor's Fresh Start and Claimant's Due Process

Third Circuit Refines 'Claims' Definition in Bankruptcy Proceedings: Balancing Debtor's Fresh Start and Claimant's Due Process

Date: May 19, 2012
Third Circuit Refines 'Claims' Definition in Bankruptcy Proceedings: Balancing Debtor's Fresh Start and Claimant's Due Process Introduction The case of Patricia Wright; Kevin West v. Owens Corning,...
Deferential Review in ERISA Claims: Interpreting Group Insurance Coverage

Deferential Review in ERISA Claims: Interpreting Group Insurance Coverage

Date: May 18, 2012
Deferential Review in ERISA Claims: Interpreting Group Insurance Coverage Introduction In the case of Robert Fleisher, D.M.D. v. Standard Insurance Company, the United States Court of Appeals for the...
Third Circuit Clarifies Burden of Persuasion and IEP Requirements under IDEA: Ridley School District v. M.R.; J.R.

Third Circuit Clarifies Burden of Persuasion and IEP Requirements under IDEA: Ridley School District v. M.R.; J.R.

Date: May 18, 2012
Third Circuit Clarifies Burden of Persuasion and IEP Requirements under IDEA: Ridley School District v. M.R.; J.R. Introduction In the case of Ridley School District v. M.R.; J.R., Parents of Minor...
AEDPA Deference and Procedural Default in Habeas Corpus: The Rolan v. Coleman Decision

AEDPA Deference and Procedural Default in Habeas Corpus: The Rolan v. Coleman Decision

Date: May 18, 2012
AEDPA Deference and Procedural Default in Habeas Corpus: The Rolan v. Coleman Decision Introduction The case of Florencio Rolan v. Brian V. Coleman et al. (680 F.3d 311) adjudicated by the United...
Establishing Standing in RICO Claims for Off-Label Drug Marketing: Insights from In re Schering-Plough Corp. Judgment

Establishing Standing in RICO Claims for Off-Label Drug Marketing: Insights from In re Schering-Plough Corp. Judgment

Date: May 17, 2012
Establishing Standing in RICO Claims for Off-Label Drug Marketing: Insights from In re Schering-Plough Corp. Judgment Introduction The case of In re Schering-Plough Corp. Intron/Temodar Consumer...
Barton Doctrine Reaffirmed: Restrictions on Suing Bankruptcy Trustees Without Court Approval

Barton Doctrine Reaffirmed: Restrictions on Suing Bankruptcy Trustees Without Court Approval

Date: May 5, 2012
Barton Doctrine Reaffirmed: Restrictions on Suing Bankruptcy Trustees Without Court Approval Introduction The case of In re VISTACARE GROUP, LLC, et al., Debtors. William G. Schwab, Trustee,...
No Hybrid Representation: Third Circuit's Interpretation of Local Appellate Rule 31.3 in United States v. Turner

No Hybrid Representation: Third Circuit's Interpretation of Local Appellate Rule 31.3 in United States v. Turner

Date: Apr 20, 2012
No Hybrid Representation: Third Circuit's Interpretation of Local Appellate Rule 31.3 in United States v. Turner Introduction In United States v. James Turner, 677 F.3d 570 (3d Cir. 2012), the United...
Constitutional Scrutiny of 18 U.S.C. §§ 2257 and 2257A: An Analysis of Free Speech Coalition v. Attorney General of the United States

Constitutional Scrutiny of 18 U.S.C. §§ 2257 and 2257A: An Analysis of Free Speech Coalition v. Attorney General of the United States

Date: Apr 17, 2012
Constitutional Scrutiny of 18 U.S.C. §§ 2257 and 2257A: An Analysis of Free Speech Coalition v. Attorney General of the United States Introduction In the landmark case Free Speech Coalition, Inc. et...
Discretionary Function Exception Affirmed in FTCA Case Involving National Park Service

Discretionary Function Exception Affirmed in FTCA Case Involving National Park Service

Date: Apr 11, 2012
Discretionary Function Exception Affirmed in FTCA Case Involving National Park Service Introduction The case of S.R.P. (a minor), by and through Maria Ri v. ra ABUNABBA (as mother and next of kin)...
Third Circuit Affirms Admissibility of Title III Evidence and Consecutive Sentencing in Government of Virgin Islands v. Berrios

Third Circuit Affirms Admissibility of Title III Evidence and Consecutive Sentencing in Government of Virgin Islands v. Berrios

Date: Apr 11, 2012
Third Circuit Affirms Admissibility of Title III Evidence and Consecutive Sentencing in Government of Virgin Islands v. Berrios Introduction Government of The Virgin Islands v. Reinaldo Berrios (676...
SUTTER v. OXFORD HEALTH PLANS: Expanding the Scope of Arbitration Clauses to Include Class Arbitration

SUTTER v. OXFORD HEALTH PLANS: Expanding the Scope of Arbitration Clauses to Include Class Arbitration

Date: Apr 5, 2012
SUTTER v. OXFORD HEALTH PLANS: Expanding the Scope of Arbitration Clauses to Include Class Arbitration Introduction The case of John I. Sutter, M.D. v. Oxford Health Plans LLC (675 F.3d 215)...
Ke v. Powell: Clarifying District Courts' Obligations to Assess Litigant Competency Under Fed. R. Civ. P. 17(c)(2)

Ke v. Powell: Clarifying District Courts' Obligations to Assess Litigant Competency Under Fed. R. Civ. P. 17(c)(2)

Date: Mar 31, 2012
Ke v. Powell: Clarifying District Courts' Obligations to Assess Litigant Competency Under Fed. R. Civ. P. 17(c)(2) Introduction Ke v. Powell, Appellant (680 F.3d 301), adjudicated by the United...
Judicial Estoppel in FMLA Claims: Insights from Macfarlan v. Ivy Hill SNF, LLC

Judicial Estoppel in FMLA Claims: Insights from Macfarlan v. Ivy Hill SNF, LLC

Date: Mar 30, 2012
Judicial Estoppel in FMLA Claims: Insights from Macfarlan v. Ivy Hill SNF, LLC Introduction The legal landscape surrounding employee rights under the Family and Medical Leave Act (FMLA) is...
Third Circuit Rejects Inherent Incompatibility, Upholding Parallel State Law Class Actions with FLSA Opt-In Actions

Third Circuit Rejects Inherent Incompatibility, Upholding Parallel State Law Class Actions with FLSA Opt-In Actions

Date: Mar 28, 2012
Third Circuit Rejects Inherent Incompatibility, Upholding Parallel State Law Class Actions with FLSA Opt-In Actions Introduction In the landmark case Daniel Knepper and James FISHER v. RITE AID...
Appellate Mandate Compliance and Multiplicity of Charges: Insights from United States v. Kennedy

Appellate Mandate Compliance and Multiplicity of Charges: Insights from United States v. Kennedy

Date: Mar 23, 2012
Appellate Mandate Compliance and Multiplicity of Charges: Insights from United States v. Kennedy Introduction United States v. Douglas Kennedy, 682 F.3d 244 (3rd Cir. 2012), addresses critical issues...
Sistrunk v. Rozum: Strict Interpretation of AEDPA’s Timeliness and Tolling Provisions Affirmed

Sistrunk v. Rozum: Strict Interpretation of AEDPA’s Timeliness and Tolling Provisions Affirmed

Date: Mar 21, 2012
Sistrunk v. Rozum: Strict Interpretation of AEDPA’s Timeliness and Tolling Provisions Affirmed Introduction In the case of Edward Sistrunk v. Gerald Rozum, decided on March 20, 2012, the United...
Third Circuit Affirms Jurisdiction for Review of Naturalization Denials Amidst Removal Proceedings

Third Circuit Affirms Jurisdiction for Review of Naturalization Denials Amidst Removal Proceedings

Date: Mar 20, 2012
Third Circuit Affirms Jurisdiction for Review of Naturalization Denials Amidst Removal Proceedings Introduction In the landmark case of Jose Gonzalez v. Secretary of Dept. of Homeland Security, the...
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