3d Circuit Case Commentaries

Content-Based Restrictions in Traditional Public Fora: Analysis of United States v. Marcavage

Date: Jun 17, 2010

Content-Based Restrictions in Traditional Public Fora: Analysis of United States v. Marcavage Introduction The case of United States of America v. Michael Anthony Marcavage, adjudicated by the United...

Unconscionable Arbitration Agreements and Waiver through Litigation Conduct: Insights from Rajae Nino v. The Jewelry Exchange, Inc.

Date: Jun 16, 2010

Unconscionable Arbitration Agreements and Waiver through Litigation Conduct Insights from Rajae Nino v. The Jewelry Exchange, Inc. Introduction Rajae Nino v. The Jewelry Exchange, Inc.; Wendy...

Third Circuit Reinforces Finality of Class Action Settlements Under Rule 23(e) Despite Legislative Changes

Date: Jun 16, 2010

Third Circuit Reinforces Finality of Class Action Settlements Under Rule 23(e) Despite Legislative Changes Introduction The case of Nicole Ehrheart; John J. Garland, Individually versus Verizon...

Interpreting 'Occurrence' in Commercial General Liability Policies: Insights from Specialty Surfaces International Inc. v. Continental Casualty Co.

Date: Jun 9, 2010

Interpreting 'Occurrence' in Commercial General Liability Policies: Insights from Specialty Surfaces International Inc. v. Continental Casualty Co. Introduction The case of Specialty Surfaces...

Significantly Increased Risk of Chronic Beryllium Disease Without Sensitization: A Comprehensive Analysis of Sheridan and Zimmerman v. NGK Metals Corporation et al.

Date: Jun 8, 2010

Significantly Increased Risk of Chronic Beryllium Disease Without Sensitization: A Comprehensive Analysis of Sheridan and Zimmerman v. NGK Metals Corporation et al. Introduction The cases of Shirley...

Third Circuit Overrules Frenville: Redefining Claim Accrual in Bankruptcy Cases

Date: Jun 3, 2010

Third Circuit Overrules Frenville: Redefining Claim Accrual in Bankruptcy Cases Introduction The case of In re Grossman's Inc., et al., Debtors addressed a pivotal issue in bankruptcy law concerning...

Third Circuit Affirms Summary Judgment in Garcia v. Kimmell: Standards for Retaliation and Equal Protection in Prison Civil Rights Cases

Date: May 27, 2010

Third Circuit Affirms Summary Judgment in Garcia v. Kimmell: Standards for Retaliation and Equal Protection in Prison Civil Rights Cases Introduction In the landmark case Miguel Jose Garcia v. Janet...

Defining Loan Servicers Under RESPA in Mortgage Fraud Cases: Jones v. ABN AMRO Mortgage Group

Date: May 26, 2010

Defining Loan Servicers Under RESPA in Mortgage Fraud Cases: Jones v. ABN AMRO Mortgage Group Introduction In Jones v. ABN AMRO Mortgage Group, the United States Court of Appeals for the Third...

Procedural Violations Require Substantive Harm for Tuition Reimbursement Under IDEA – Hayes v. Cape Henlopen School District

Date: May 26, 2010

Procedural Violations Require Substantive Harm for Tuition Reimbursement Under IDEA – Hayes v. Cape Henlopen School District Introduction The case C.H. Hayes, Barbara Hayes v. Cape Henlopen School...

Affirmation of 'License' Approach in Sports Ticket Holder Litigation: Mayer v. Belichick et al.

Date: May 20, 2010

Affirmation of 'License' Approach in Sports Ticket Holder Litigation: Mayer v. Belichick et al. Introduction The case of Carl J. Mayer v. Bill Belichick; The New England Patriots; National Football...

Ensuring Procedural Compliance in PLRA Exhaustion Defense: Comprehensive Analysis of Drippe v. Gototweski

Date: May 18, 2010

Ensuring Procedural Compliance in PLRA Exhaustion Defense: Comprehensive Analysis of Drippe v. Gototweski Introduction The case of Jeffrey Allen Drippe v. Officer Tobelinski a/k/a "Ski"; Ralph...

Interpreting 18 U.S.C. § 371: Single Offense and Double Jeopardy in the Rigases Case

Date: May 13, 2010

Interpreting 18 U.S.C. § 371: Single Offense and Double Jeopardy in the Rigases Case Introduction In the landmark case of United States of America v. John J. Rigases; Timothy J. Rigases, decided on...

Third Circuit Upholds Judicial Authority in Determining Unconscionability of Class Action Waivers

Date: May 11, 2010

Third Circuit Upholds Judicial Authority in Determining Unconscionability of Class Action Waivers Introduction In Francis J. Puleo, Trish C. Puleo, on behalf of themselves and all other Pennsylvania...

Deferred Accrual in 14th Amendment Selective Enforcement Claims: DiQue v. New Jersey State Police

Date: May 7, 2010

Deferred Accrual in 14th Amendment Selective Enforcement Claims: DiQue v. New Jersey State Police Introduction DiQue v. New Jersey State Police is a pivotal case adjudicated by the United States...

Affirming Summary Judgment Standards for Retaliation under 42 U.S.C §1981 and the Constraints on Amending Complaints under Rule 15: Estate of Oliva, Jr., v. State of New Jersey

Date: May 5, 2010

Affirming Summary Judgment Standards for Retaliation under 42 U.S.C §1981 and the Constraints on Amending Complaints under Rule 15: Estate of Oliva, Jr., v. State of New Jersey Introduction The case...

Seizure of Shared Computer Hard Drives: Third Circuit Clarifies the Scope of GEORGIA v. RANDOLPH

Date: May 1, 2010

Seizure of Shared Computer Hard Drives: Third Circuit Clarifies the Scope of GEORGIA v. RANDOLPH Introduction In United States of America v. Richard D. King, Jr., 604 F.3d 125 (3d Cir. 2010), the...

Affirmation of Directed Verdict Under Rule 50: Statute of Limitations and Evidentiary Sufficiency in Mortgage Fraud Claims

Date: Apr 27, 2010

Affirmation of Directed Verdict Under Rule 50: Statute of Limitations and Evidentiary Sufficiency in Mortgage Fraud Claims Introduction The case of Patrice Harris v. Homecomings Financial Services,...

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