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  • Commentaries
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3d Circuit Case Commentaries

Third Circuit Affirms Strict Interpretation of Police Power Exception to Automatic Stay in Foreign Pension Proceedings

Third Circuit Affirms Strict Interpretation of Police Power Exception to Automatic Stay in Foreign Pension Proceedings

Date: Dec 30, 2011
Third Circuit Affirms Strict Interpretation of Police Power Exception to Automatic Stay in Foreign Pension Proceedings Introduction The case In re Nortel Networks, Inc., et al., Debtors.Trustee of...
Rule 59(e) Habeas Corpus Motions Not Considered Second or Successive Petitions Under AEDPA: Insights from Blystone v. Horn

Rule 59(e) Habeas Corpus Motions Not Considered Second or Successive Petitions Under AEDPA: Insights from Blystone v. Horn

Date: Dec 23, 2011
Rule 59(e) Habeas Corpus Motions Not Considered Second or Successive Petitions Under AEDPA: Insights from Blystone v. Horn Introduction Blystone v. Horn, 664 F.3d 397 (3d Cir. 2011), is a seminal...
Third Circuit Establishes Precedent on Multi-State Class Certification in Antitrust Settlements

Third Circuit Establishes Precedent on Multi-State Class Certification in Antitrust Settlements

Date: Dec 21, 2011
Third Circuit Establishes Precedent on Multi-State Class Certification in Antitrust Settlements Introduction The United States Court of Appeals for the Third Circuit, in the case of Shawn Sullivan;...
Affirmation of Money Laundering and Controlled Substance Distribution Convictions in the Digital Age

Affirmation of Money Laundering and Controlled Substance Distribution Convictions in the Digital Age

Date: Dec 15, 2011
Affirmation of Money Laundering and Controlled Substance Distribution Convictions in the Digital Age Introduction In the landmark case of United States of America v. Akhil Bansal and Frederick...
Affirmation of NAACP's Disparate-Impact Claim Against Residency Requirements in Firefighter Hiring

Affirmation of NAACP's Disparate-Impact Claim Against Residency Requirements in Firefighter Hiring

Date: Dec 13, 2011
Affirmation of NAACP's Disparate-Impact Claim Against Residency Requirements in Firefighter Hiring Introduction The case of THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE "NAACP" et...
Standing Requirements in Data Breach Litigation: Reilly v. Ceridian Affirmed

Standing Requirements in Data Breach Litigation: Reilly v. Ceridian Affirmed

Date: Dec 13, 2011
Standing Requirements in Data Breach Litigation: Reilly v. Ceridian Affirmed Introduction In the landmark case of Kathy Reilly and Patricia Pluemacher, individually and on behalf of all others...
Strict Standards Affirm Summary Judgment in Malicious and Selective Prosecution Claims: Morris v. Verniero

Strict Standards Affirm Summary Judgment in Malicious and Selective Prosecution Claims: Morris v. Verniero

Date: Dec 7, 2011
Strict Standards Affirm Summary Judgment in Malicious and Selective Prosecution Claims: Morris v. Verniero Introduction The case of Christopher Morris v. Attorney General Verniero et al. serves as a...
Deliberate Indifference and Constitutional Immunity in Prison Medical Care: Analysis of Dickerson v. Defendants

Deliberate Indifference and Constitutional Immunity in Prison Medical Care: Analysis of Dickerson v. Defendants

Date: Dec 2, 2011
Deliberate Indifference and Constitutional Immunity in Prison Medical Care: Analysis of Dickerson v. Defendants Introduction In the case of Eric Dickerson v. SCI Graterford et al., the appellant,...
Standard for Evaluating Motions to Compel Arbitration Under Rule 12(b)(6)

Standard for Evaluating Motions to Compel Arbitration Under Rule 12(b)(6)

Date: Nov 16, 2011
Standard for Evaluating Motions to Compel Arbitration Under Rule 12(b)(6) Introduction In the case of SOMERSET CONSULTING, LLC, et al. v. UNITED CAPITAL LENDERS, LLC, et al. (832 F. Supp. 2d 474),...
Challenging 'Social Visibility' in 'Particular Social Group' Asylum Claims: Valdiviezo-Galdamez v. AG of USA

Challenging 'Social Visibility' in 'Particular Social Group' Asylum Claims: Valdiviezo-Galdamez v. AG of USA

Date: Nov 9, 2011
Challenging 'Social Visibility' in 'Particular Social Group' Asylum Claims: Valdiviezo-Galdamez v. Attorney General of the United States Introduction The case of Mauricio Valdiviezo-Galdamez v....
Expanded Federal Jurisdiction over Wetlands: Donovan v. United States Third Circuit Decision

Expanded Federal Jurisdiction over Wetlands: Donovan v. United States Third Circuit Decision

Date: Nov 1, 2011
Expanded Federal Jurisdiction over Wetlands: Donovan v. United States Third Circuit Decision Introduction In the landmark case of United States of America v. David H. Donovan, the United States Court...
Affirmation of Qualified Immunity in False Arrest Case: ADAMS v. SELHORST

Affirmation of Qualified Immunity in False Arrest Case: ADAMS v. SELHORST

Date: Oct 27, 2011
Affirmation of Qualified Immunity in False Arrest Case: ADAMS v. SELHORST Introduction The case of Ashley Adams v. Officer Eric Selhorst revolves around Adams' civil rights claims following her...
Affirmation of Dismissal in Sherman Act Section 1 Claims: Burtch v. Milberg Factors and Others

Affirmation of Dismissal in Sherman Act Section 1 Claims: Burtch v. Milberg Factors and Others

Date: Oct 25, 2011
Affirmation of Dismissal in Sherman Act Section 1 Claims: Burtch v. Milberg Factors and Others Introduction In the case of Jeoffrey L. Burtch, Chapter 7 Trustee, Factory 2-U Stores, Inc., et al....
Enhancing Employee Privacy Protections under the Fourteenth Amendment: Jane Doe v. Luzerne County

Enhancing Employee Privacy Protections under the Fourteenth Amendment: Jane Doe v. Luzerne County

Date: Oct 13, 2011
Enhancing Employee Privacy Protections under the Fourteenth Amendment: Jane Doe v. Luzerne County Introduction Jane Doe v. Luzerne County, Ryan Foy, and Barry Stankus is a pivotal case adjudicated by...
Third Circuit Upholds Pennsylvania Rule 1042.3 as Substantive Law in Legal Malpractice Cases

Third Circuit Upholds Pennsylvania Rule 1042.3 as Substantive Law in Legal Malpractice Cases

Date: Oct 5, 2011
Third Circuit Upholds Pennsylvania Rule 1042.3 as Substantive Law in Legal Malpractice Cases Introduction In the case of Elizabeth Liggon–Redding v. The Estate of Robert Sugarman, decided on October...
Emphasis on Correct Procedural Steps in Sentencing: United States v. Friedman

Emphasis on Correct Procedural Steps in Sentencing: United States v. Friedman

Date: Sep 29, 2011
Emphasis on Correct Procedural Steps in Sentencing: United States v. Friedman Introduction United States of America v. Herman Friedman is a pivotal case decided by the United States Court of Appeals...
Third Circuit Vacates Summary Judgment in Lemington Home Case, Clarifying Fiduciary Duty and Deepening Insolvency Claims

Third Circuit Vacates Summary Judgment in Lemington Home Case, Clarifying Fiduciary Duty and Deepening Insolvency Claims

Date: Sep 22, 2011
Third Circuit Vacates Summary Judgment in Lemington Home Case, Clarifying Fiduciary Duty and Deepening Insolvency Claims Introduction The case of In re Lemington Home for the Aged. Official Committee...
Third Circuit Upholds Preliminary Injunction Limiting U.S. Forest Service's Authority Over Mineral Rights in Allegheny National Forest

Third Circuit Upholds Preliminary Injunction Limiting U.S. Forest Service's Authority Over Mineral Rights in Allegheny National Forest

Date: Sep 21, 2011
Third Circuit Upholds Preliminary Injunction Limiting U.S. Forest Service's Authority Over Mineral Rights in Allegheny National Forest Introduction The case of Minard Run Oil Company et al. v. United...
Third Circuit Reaffirms Liberal Construction of Appeals for Pro Se Litigants in Immigration Removal Proceedings

Third Circuit Reaffirms Liberal Construction of Appeals for Pro Se Litigants in Immigration Removal Proceedings

Date: Sep 20, 2011
Third Circuit Reaffirms Liberal Construction of Appeals for Pro Se Litigants in Immigration Removal Proceedings Introduction The case of Carlen Uriel Higgs v. Attorney General of the United States...
Third Circuit Establishes Critical Guidelines for Sentencing Procedural Compliance

Third Circuit Establishes Critical Guidelines for Sentencing Procedural Compliance

Date: Sep 16, 2011
Third Circuit Establishes Critical Guidelines for Sentencing Procedural Compliance Introduction In the landmark case of United States of America v. Vincent J. Fumo, the United States Court of Appeals...
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