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  • Commentaries
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3d Circuit Case Commentaries

Limits of Fourteenth Amendment Privacy in Section 1983 Claims: Malleus v. George

Limits of Fourteenth Amendment Privacy in Section 1983 Claims: Malleus v. George

Date: May 27, 2011
Limits of Fourteenth Amendment Privacy in Section 1983 Claims: Malleus v. George Introduction The case of Dr. Karen Malleus v. Dr. John J. George et al., decided by the United States Court of Appeals...
Exclusive Jurisdiction Clauses: State of New Jersey v. Merrill Lynch Co., Inc. Establishes Precedent for Remand to State Courts

Exclusive Jurisdiction Clauses: State of New Jersey v. Merrill Lynch Co., Inc. Establishes Precedent for Remand to State Courts

Date: May 19, 2011
Exclusive Jurisdiction Clauses: State of New Jersey v. Merrill Lynch Co., Inc. Establishes Precedent for Remand to State Courts Introduction In the appellate case titled State of NEW JERSEY,...
Clarifying the Discovery Rule and Prejudgment Interest in Copyright Infringement Cases

Clarifying the Discovery Rule and Prejudgment Interest in Copyright Infringement Cases

Date: May 17, 2011
Clarifying the Discovery Rule and Prejudgment Interest in Copyright Infringement Cases Introduction In the case of William A. Graham Company, d/b/a The Graham Company v. Thomas P. Haughey; USI...
Due Process Does Not Protect Miscalculation of Prison Release Date: Evans v. Commonwealth

Due Process Does Not Protect Miscalculation of Prison Release Date: Evans v. Commonwealth

Date: May 17, 2011
Due Process Does Not Protect Miscalculation of Prison Release Date: Evans v. Commonwealth Introduction In the case of William Evans v. Secretary Pennsylvania Department of Corrections; Attorney...
Affirmation of Rountree v. Balicki Upholds AEDPA Standards in Sixth Amendment Right to Counsel Cases

Affirmation of Rountree v. Balicki Upholds AEDPA Standards in Sixth Amendment Right to Counsel Cases

Date: May 14, 2011
Affirmation of Rountree v. Balicki Upholds AEDPA Standards in Sixth Amendment Right to Counsel Cases Introduction In Marshall Rountree, a/k/a Mark Hawkins, Appellant v. Karen Balicki, Administrator...
Enhancing Prisoners' Rights: Mack v. Yost Establishes Critical Precedents in Retaliation and Religious Discrimination Claims

Enhancing Prisoners' Rights: Mack v. Yost Establishes Critical Precedents in Retaliation and Religious Discrimination Claims

Date: May 7, 2011
Enhancing Prisoners' Rights: Mack v. Yost Establishes Critical Precedents in Retaliation and Religious Discrimination Claims Introduction Charles MACK, Appellant v. John YOST, Warden; Tim Kuhn,...
Balancing Public Safety and Individual Rights: A New Precedent on Supervised Release Conditions for Child Pornography Offenders

Balancing Public Safety and Individual Rights: A New Precedent on Supervised Release Conditions for Child Pornography Offenders

Date: May 5, 2011
Balancing Public Safety and Individual Rights: A New Precedent on Supervised Release Conditions for Child Pornography Offenders Introduction The case of United States of America v. Randy A. Albertson...
Third Circuit Establishes Expanded Standing for Insurers in Bankruptcy Reorganization Cases

Third Circuit Establishes Expanded Standing for Insurers in Bankruptcy Reorganization Cases

Date: May 5, 2011
Third Circuit Establishes Expanded Standing for Insurers in Bankruptcy Reorganization Cases Introduction The United States Court of Appeals for the Third Circuit, in the case In re GLOBAL INDUSTRIAL...
Affirmation of Judicial Immunity and Limitations on §1983 Claims: Keisling v. Renn et al.

Affirmation of Judicial Immunity and Limitations on §1983 Claims: Keisling v. Renn et al.

Date: May 3, 2011
Affirmation of Judicial Immunity and Limitations on §1983 Claims: Keisling v. Renn et al. Introduction In the landmark case William Keisling v. Judge Richard K. Renn et al., adjudicated by the United...
Affirmation of Asylum Denial Standards under the REAL ID Act: Yuan v. Attorney General of the United States

Affirmation of Asylum Denial Standards under the REAL ID Act: Yuan v. Attorney General of the United States

Date: Apr 23, 2011
Affirmation of Asylum Denial Standards under the REAL ID Act: Yuan v. Attorney General of the United States Introduction In the landmark case of Yuan v. Attorney General of the United States, decided...
Due Process in Prison Disciplinary Hearings: Requirement to Independently Assess Documentary Evidence

Due Process in Prison Disciplinary Hearings: Requirement to Independently Assess Documentary Evidence

Date: Apr 21, 2011
Due Process in Prison Disciplinary Hearings: Requirement to Independently Assess Documentary Evidence Introduction In the case of Rodney Burns v. Pennsylvania Department of Corrections, the United...
Clarifying Rule 60(b) Relief Standards: Floorgraphics Inc. v. News America Marketing In-Store Services, Inc.

Clarifying Rule 60(b) Relief Standards: Floorgraphics Inc. v. News America Marketing In-Store Services, Inc.

Date: Apr 21, 2011
Clarifying Rule 60(b) Relief Standards: Floorgraphics Inc. v. News America Marketing In-Store Services, Inc. Introduction The case of Floorgraphics Inc. v. News America Marketing In-Store Services,...
Standing and Contract Enforcement: Insights from Antoine v. Valley Forge Insurance

Standing and Contract Enforcement: Insights from Antoine v. Valley Forge Insurance

Date: Apr 21, 2011
Standing and Contract Enforcement: Insights from Antoine v. Valley Forge Insurance Introduction The case of American Corporate Society; Dr. Max Antoine v. Valley Forge Insurance Company;...
Materiality of Brady Violations in Robbery Convictions: The Breakiron Case

Materiality of Brady Violations in Robbery Convictions: The Breakiron Case

Date: Apr 19, 2011
Materiality of Brady Violations in Robbery Convictions: The Breakiron Case Introduction The case of Mark Breakiron v. Commissioner Martin Horn serves as a pivotal illustration of how Brady violations...
Clarifying Appellate Jurisdiction for Rule 59(e) Motions: Da v. d Pepe Wilson

Clarifying Appellate Jurisdiction for Rule 59(e) Motions: Da v. d Pepe Wilson

Date: Apr 15, 2011
Clarifying Appellate Jurisdiction for Rule 59(e) Motions: Da v. d Pepe Wilson Introduction The case of Da v. d Pepe Wilson addresses significant questions regarding the appellate jurisdiction of the...
Third Circuit Applies Discovery Rule in Legal Malpractice Case: Knopick v. Connelly Defendants

Third Circuit Applies Discovery Rule in Legal Malpractice Case: Knopick v. Connelly Defendants

Date: Apr 14, 2011
Third Circuit Applies Discovery Rule in Legal Malpractice Case: Knopick v. Connelly Defendants Introduction Nicholas Knopick, a commercial pilot, initiated a legal malpractice and contract claim...
Affirmation of Time, Place, and Manner Restrictions in Limited Public Forums: Galena v. Erie County Council

Affirmation of Time, Place, and Manner Restrictions in Limited Public Forums: Galena v. Erie County Council

Date: Apr 14, 2011
Affirmation of Time, Place, and Manner Restrictions in Limited Public Forums: Galena v. Erie County Council 1. Introduction In Daniel T. Galena v. Fiore Leone et al., 638 F.3d 186 (3d Cir. 2011), the...
Affirmation of Dismissal in Land Use Litigation: An In-Depth Analysis of Perano v. Township of Tilden

Affirmation of Dismissal in Land Use Litigation: An In-Depth Analysis of Perano v. Township of Tilden

Date: Apr 14, 2011
Affirmation of Dismissal in Land Use Litigation: An In-Depth Analysis of Perano v. Township of Tilden Introduction The case of Frank T. Perano d/b/a GSP Management Co. v. Township of Tilden (423 F....
Defining RICO Enterprise and Pattern: Insights from United States v. Bergrin

Defining RICO Enterprise and Pattern: Insights from United States v. Bergrin

Date: Apr 13, 2011
Defining RICO Enterprise and Pattern: Insights from United States v. Bergrin Introduction The case of United States of America v. Paul W. Bergrin et al., adjudicated by the United States Court of...
Affirmation of Dismissal in Time-Barred Debt Collection Claims: Huertas v. Galaxy Asset Management

Affirmation of Dismissal in Time-Barred Debt Collection Claims: Huertas v. Galaxy Asset Management

Date: Apr 12, 2011
Affirmation of Dismissal in Time-Barred Debt Collection Claims: Huertas v. Galaxy Asset Management Introduction In the case of Hector L. Huertas v. Galaxy Asset Management, the United States Court of...
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