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  • Commentaries
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3d Circuit Case Commentaries

Federal Preemption of State Law Claims on RF Emissions: Commentary on Farina v. Dually

Federal Preemption of State Law Claims on RF Emissions: Commentary on Farina v. Dually

Date: Oct 23, 2010
Federal Preemption of State Law Claims on RF Emissions: Commentary on Farina v. Dually Introduction In the landmark case of Francis J. Farina v. Dually and on Behalf of All Those Similarly Situated,...
Shipper's Duty of Care in Cargo Securement: Charles Spence v. The ESAB Group, Inc.

Shipper's Duty of Care in Cargo Securement: Charles Spence v. The ESAB Group, Inc.

Date: Oct 19, 2010
Shipper's Duty of Care in Cargo Securement: Charles Spence v. The ESAB Group, Inc. Introduction The case Charles Spence v. The ESAB Group, Inc. (623 F.3d 212) adjudicated by the United States Court...
Third Circuit Clarifies Personal Jurisdiction and Forum Non Conveniens in EUROFINS vs. BioAlliance

Third Circuit Clarifies Personal Jurisdiction and Forum Non Conveniens in EUROFINS vs. BioAlliance

Date: Oct 13, 2010
Third Circuit Clarifies Personal Jurisdiction and Forum Non Conveniens in EUROFINS vs. BioAlliance Introduction The case of Eurofins Pharma US Holdings; Viralliance Inc. v. BioAlliance Pharma SA;...
Protecting Incarcerated Individuals: Due Process Before Sex Offender Classification

Protecting Incarcerated Individuals: Due Process Before Sex Offender Classification

Date: Oct 5, 2010
Protecting Incarcerated Individuals: Due Process Before Sex Offender Classification Introduction In the landmark case Charles S. Renchenski v. Thomas Williams et al. (622 F.3d 315, 3rd Cir. 2010),...
Qualified Immunity and the Right to Record Police: Analysis of Kelly v. Borough of Carlisle

Qualified Immunity and the Right to Record Police: Analysis of Kelly v. Borough of Carlisle

Date: Oct 5, 2010
Qualified Immunity and the Right to Record Police: Analysis of Kelly v. Borough of Carlisle Introduction In the case of Brian D. Kelly v. Borough of Carlisle, the United States Court of Appeals for...
Third Circuit Upholds Summary Judgment in Noel v. Boeing: FPA Does Not Extend to Failure-to-Promote Claims

Third Circuit Upholds Summary Judgment in Noel v. Boeing: FPA Does Not Extend to Failure-to-Promote Claims

Date: Oct 2, 2010
Third Circuit Upholds Summary Judgment in Noel v. Boeing: FPA Does Not Extend to Failure-to-Promote Claims Introduction The case of Emmanuel Noel v. The Boeing Company was adjudicated in the United...
Twombly/Iqbal Plausibility Standard Applied to Bad Faith Insurance Claims: Atiyeh v. National Fire Insurance (2010)

Twombly/Iqbal Plausibility Standard Applied to Bad Faith Insurance Claims: Atiyeh v. National Fire Insurance (2010)

Date: Sep 28, 2010
Twombly/Iqbal Plausibility Standard Applied to Bad Faith Insurance Claims: Atiyeh v. National Fire Insurance (2010) Introduction In the case of Arif Atiyeh, trading as WOW Outlet v. National Fire...
Third Circuit Vacates Class Certification in Community Bank of Northern Virginia Second Mortgage Litigation Due to Inadequate Representation

Third Circuit Vacates Class Certification in Community Bank of Northern Virginia Second Mortgage Litigation Due to Inadequate Representation

Date: Sep 23, 2010
Third Circuit Vacates Class Certification in Community Bank of Northern Virginia Second Mortgage Litigation Due to Inadequate Representation Introduction The case at hand involves a complex...
Federal Preemption Under CFAA and Copyright Act: Insights from Océ North America, Inc. v. MCS Services, Inc.

Federal Preemption Under CFAA and Copyright Act: Insights from Océ North America, Inc. v. MCS Services, Inc.

Date: Sep 17, 2010
Federal Preemption Under CFAA and Copyright Act: Insights from Océ North America, Inc. v. MCS Services, Inc. Introduction The case of Océ North America, Inc. v. MCS Services, Inc. serves as a pivotal...
Reopening Time to Appeal Under Fed.R.App.P. 4(a)(6): Insights from United States v. Russell Christie

Reopening Time to Appeal Under Fed.R.App.P. 4(a)(6): Insights from United States v. Russell Christie

Date: Sep 16, 2010
Reopening Time to Appeal Under Fed.R.App.P. 4(a)(6): Insights from United States v. Russell Christie Introduction The case of United States v. Russell Christie, adjudicated in 2010 by the United...
Res Judicata and Enhanced Grounds for Removal: Comprehensive Analysis of Duhaney v. Attorney General

Res Judicata and Enhanced Grounds for Removal: Comprehensive Analysis of Duhaney v. Attorney General

Date: Sep 15, 2010
Res Judicata and Enhanced Grounds for Removal: Comprehensive Analysis of Duhaney v. Attorney General Introduction Maurice R. Duhaney v. The Attorney General of the United States (621 F.3d 340),...
Third Circuit Clarifies Eleventh Amendment Immunity and More-Specific-Provision Rule in BETTS v. NEW CASTLE YOUTH DEVELOPMENT CENTER

Third Circuit Clarifies Eleventh Amendment Immunity and More-Specific-Provision Rule in BETTS v. NEW CASTLE YOUTH DEVELOPMENT CENTER

Date: Sep 14, 2010
Third Circuit Clarifies Eleventh Amendment Immunity and More-Specific-Provision Rule in BETTS v. NEW CASTLE YOUTH DEVELOPMENT CENTER Introduction In BETTS v. NEW CASTLE YOUTH DEVELOPMENT CENTER, the...
Defining Prima Facie Criteria for §1981 Lending Discrimination: Insights from ANDERSON v. WACHOVIA MORTGAGE CORPORATION

Defining Prima Facie Criteria for §1981 Lending Discrimination: Insights from ANDERSON v. WACHOVIA MORTGAGE CORPORATION

Date: Sep 14, 2010
Defining Prima Facie Criteria for §1981 Lending Discrimination: Insights from ANDERSON v. WACHOVIA MORTGAGE CORPORATION Introduction The case of Tolano Anderson et al. v. Wachovia Mortgage...
Clarification of V.I. §1052(b): Defining Kidnapping Intents in Sexual Offenses

Clarification of V.I. §1052(b): Defining Kidnapping Intents in Sexual Offenses

Date: Sep 9, 2010
Clarification of V.I. §1052(b): Defining Kidnapping Intents in Sexual Offenses Introduction The case of Martinez v. Government of the Virgin Islands (620 F.3d 321) adjudicated by the United States...
Clarifying Standards of Review in Asylum Cases: En Hui Huang v. Attorney General of the United States

Clarifying Standards of Review in Asylum Cases: En Hui Huang v. Attorney General of the United States

Date: Sep 9, 2010
Clarifying Standards of Review in Asylum Cases: En Hui Huang v. Attorney General of the United States Introduction The case of En Hui Huang, Petitioner v. Attorney General of the United States (620...
Stored Communications Act Interpretation: CSLI Disclosure Standards Established in United States v. USA (Third Circuit)

Stored Communications Act Interpretation: CSLI Disclosure Standards Established in United States v. USA (Third Circuit)

Date: Sep 8, 2010
Stored Communications Act Interpretation: CSLI Disclosure Standards Established in United States v. USA (Third Circuit) Introduction The case of United States v. United States of America, decided by...
Third Circuit Affirms Abuse of Discretion in Denying ERISA Displacement Benefits: Howley v. Mellon Financial Corporation

Third Circuit Affirms Abuse of Discretion in Denying ERISA Displacement Benefits: Howley v. Mellon Financial Corporation

Date: Sep 1, 2010
Third Circuit Affirms Abuse of Discretion in Denying ERISA Displacement Benefits: Howley v. Mellon Financial Corporation Introduction The case of Robert M. Howley v. Mellon Financial Corporation...
Affirmation of §1983 Standing and Overbreadth of Student Conduct Regulations in McCauley v. University of the Virgin Islands

Affirmation of §1983 Standing and Overbreadth of Student Conduct Regulations in McCauley v. University of the Virgin Islands

Date: Aug 19, 2010
Affirmation of §1983 Standing and Overbreadth of Student Conduct Regulations in McCauley v. University of the Virgin Islands Introduction In the case of Stephen McCauley v. University of the Virgin...
FAA vs. PUAA: Defining Vacatur Standards in Arbitration Awards

FAA vs. PUAA: Defining Vacatur Standards in Arbitration Awards

Date: Aug 19, 2010
FAA vs. PUAA: Defining Vacatur Standards in Arbitration Awards Introduction The case of Mary Gurlen et al. v. Henry Management, Inc. (CA09-1380), adjudicated by the Court of Appeals of Arkansas on...
Affirmation of Sham Affidavit Doctrine and Strict Adherence to Summary Judgment Standards in State Steel Supply, Inc. v. Clark Building Systems, Inc.

Affirmation of Sham Affidavit Doctrine and Strict Adherence to Summary Judgment Standards in State Steel Supply, Inc. v. Clark Building Systems, Inc.

Date: Aug 19, 2010
Affirmation of Sham Affidavit Doctrine and Strict Adherence to Summary Judgment Standards in State Steel Supply, Inc. v. Clark Building Systems, Inc. Introduction The case of State Steel Supply, Inc....
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