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  • Commentaries
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3d Circuit Case Commentaries

Merced v. United States: Upholding Procedural Compliance in Sentencing Career Offenders

Merced v. United States: Upholding Procedural Compliance in Sentencing Career Offenders

Date: Apr 21, 2010
Merced v. United States: Upholding Procedural Compliance in Sentencing Career Offenders Introduction In United States v. Hector Merced, 603 F.3d 203 (3d Cir. 2010), the United States Court of Appeals...
Establishing Probable Cause Through IP Address in Child Pornography Cases: United States v. Roderick S. Vosburgh

Establishing Probable Cause Through IP Address in Child Pornography Cases: United States v. Roderick S. Vosburgh

Date: Apr 21, 2010
Establishing Probable Cause Through IP Address in Child Pornography Cases: United States v. Roderick S. Vosburgh Introduction United States v. Roderick S. Vosburgh is a significant case adjudicated...
Reaffirming the Gist of the Action Doctrine: Third Circuit Remands for Reassessment of Tort Claims in Contractual Disputes

Reaffirming the Gist of the Action Doctrine: Third Circuit Remands for Reassessment of Tort Claims in Contractual Disputes

Date: Apr 21, 2010
Reaffirming the Gist of the Action Doctrine: Third Circuit Remands for Reassessment of Tort Claims in Contractual Disputes Introduction Pediatrix Screening, Inc.; Pediatrix Screening, L.P., Appellant...
Dentsply International Monopolization and Restraint of Trade: A Comprehensive Analysis

Dentsply International Monopolization and Restraint of Trade: A Comprehensive Analysis

Date: Apr 17, 2010
Dentsply International's Monopolistic Practices Affirmed: Implications for Antitrust Law Introduction In the appellate case Howard Hess Dental Laboratories, Inc. and Philip Guttierez d/b/a Dentures...
Affirmation of Discretion in Appointment of Counsel for Indigent Civil Litigants: Lasko v. Watts

Affirmation of Discretion in Appointment of Counsel for Indigent Civil Litigants: Lasko v. Watts

Date: Apr 13, 2010
Affirmation of Discretion in Appointment of Counsel for Indigent Civil Litigants: Lasko v. Watts Introduction In the case of Larry Lyle Lasko v. Harrell Watts, the United States Court of Appeals for...
Affirmation of ADA Limitations on Disability Claims Arising Solely from Medication Side Effects: Sulima v. Tobyhanna Army Depot

Affirmation of ADA Limitations on Disability Claims Arising Solely from Medication Side Effects: Sulima v. Tobyhanna Army Depot

Date: Apr 13, 2010
Affirmation of ADA Limitations on Disability Claims Arising Solely from Medication Side Effects: Sulima v. Tobyhanna Army Depot Introduction The case of Ed Sulima v. Tobyhanna Army Depot navigates...
Standard of Review in CAT Claims: Third Circuit Clarifies Clear Error Standard for Probability of Future Torture Findings

Standard of Review in CAT Claims: Third Circuit Clarifies Clear Error Standard for Probability of Future Torture Findings

Date: Apr 10, 2010
Standard of Review in CAT Claims: Third Circuit Clarifies Clear Error Standard for Probability of Future Torture Findings Introduction In the case of Vadim Kaplun v. Attorney General of the United...
Third Circuit Recognizes Shift Changes as Reasonable ADA Accommodation in Disability Discrimination Case

Third Circuit Recognizes Shift Changes as Reasonable ADA Accommodation in Disability Discrimination Case

Date: Apr 9, 2010
Third Circuit Recognizes Shift Changes as Reasonable ADA Accommodation in Disability Discrimination Case Introduction Jeanette Colwell, a former part-time retail clerk at Rite Aid Corporation in...
Court Affirms Narrow Scope of Rule 10b-5 Omission Liability: United States v. Schiff

Court Affirms Narrow Scope of Rule 10b-5 Omission Liability: United States v. Schiff

Date: Apr 8, 2010
Court Affirms Narrow Scope of Rule 10b-5 Omission Liability: United States v. Schiff Introduction In the landmark case of United States v. Frederick S. Schiff, decided on April 7, 2010, the United...
Apparent Authority and the Limitation of TILA Protections: Azur v. Chase Bank

Apparent Authority and the Limitation of TILA Protections: Azur v. Chase Bank

Date: Apr 2, 2010
Apparent Authority and the Limitation of TILA Protections: Azur v. Chase Bank Introduction In Francis H. Azur v. Chase Bank, USA, National Association, the United States Court of Appeals for the...
Affirmation of Dismissal in Emmett J. Mann v. City of York Establishes Strict Standards for Rule 12(b)(6) Motions

Affirmation of Dismissal in Emmett J. Mann v. City of York Establishes Strict Standards for Rule 12(b)(6) Motions

Date: Mar 31, 2010
Affirmation of Dismissal in Emmett J. Mann v. City of York Establishes Strict Standards for Rule 12(b)(6) Motions Introduction Emmett J. Mann v. John S. Brenner et al. is a pivotal case adjudicated...
Choice-of-Law Determination in Consumer Fraud Class Actions: Third Circuit Upholds Dismissal in Cooper v. Samsung

Choice-of-Law Determination in Consumer Fraud Class Actions: Third Circuit Upholds Dismissal in Cooper v. Samsung

Date: Mar 31, 2010
Choice-of-Law Determination in Consumer Fraud Class Actions: Third Circuit Upholds Dismissal in Cooper v. Samsung Introduction The case of Nathan Cooper v. Samsung Electronics America, Inc. revolves...
Costs Awards in Medical Malpractice Cases: Reger & Workman v. Nemours Foundation

Costs Awards in Medical Malpractice Cases: Reger & Workman v. Nemours Foundation

Date: Mar 27, 2010
Costs Awards in Medical Malpractice Cases: Reger & Workman v. Nemours Foundation Introduction The case of Reger & Workman v. The Nemours Foundation, Inc. involves tragic circumstances where both the...
Affirmation of Dismissal in Legal Malpractice and Conspiracy Claims: Thakar v. Tan et al.

Affirmation of Dismissal in Legal Malpractice and Conspiracy Claims: Thakar v. Tan et al.

Date: Mar 26, 2010
Affirmation of Dismissal in Legal Malpractice and Conspiracy Claims: Thakar v. Tan et al. Introduction In the case of Chetan Thakar v. Herbert J. Tan, Esq.; Mark Manta, Esq.; Gerald J. Resnick, Esq.;...
Strict Exhaustion Requirements Under PLRA Reinforced in Nifas v. Beard

Strict Exhaustion Requirements Under PLRA Reinforced in Nifas v. Beard

Date: Mar 26, 2010
Strict Exhaustion Requirements Under PLRA Reinforced in Nifas v. Beard Introduction Nifas v. Beard, 374 F. App'x 241 (3d Cir. 2010), is a pivotal case adjudicated by the United States Court of...
Interstate Firearm Transportation and Fourth Amendment Protections: Insights from Revell v. Port Authority

Interstate Firearm Transportation and Fourth Amendment Protections: Insights from Revell v. Port Authority

Date: Mar 23, 2010
Interstate Firearm Transportation and Fourth Amendment Protections: Insights from Revell v. Port Authority Introduction In Gregg C. Revell; Association of New Jersey Rifle Pistol Clubs Inc. v. Port...
Precedent on Retaliatory Prosecution for Exercising Constitutional Rights Established in Miller v. Mitchell

Precedent on Retaliatory Prosecution for Exercising Constitutional Rights Established in Miller v. Mitchell

Date: Mar 18, 2010
Precedent on Retaliatory Prosecution for Exercising Constitutional Rights Established in Miller v. Mitchell Introduction In Miller v. Mitchell, the United States Court of Appeals for the Third...
Third Circuit's Decision in Brown v. Nutrition Management Services Co. Reinforces Standards for New Trials and Front Pay Awards under FMLA

Third Circuit's Decision in Brown v. Nutrition Management Services Co. Reinforces Standards for New Trials and Front Pay Awards under FMLA

Date: Mar 18, 2010
Third Circuit's Decision in Brown v. Nutrition Management Services Co. Reinforces Standards for New Trials and Front Pay Awards under FMLA Introduction The case of Melissa Brown v. Nutrition...
Enforcement of Settlement Agreements in Franchise Disputes: California Sun Tanning USA, Inc. v. Electric Beach, Inc.

Enforcement of Settlement Agreements in Franchise Disputes: California Sun Tanning USA, Inc. v. Electric Beach, Inc.

Date: Mar 12, 2010
Enforcement of Settlement Agreements in Franchise Disputes: California Sun Tanning USA, Inc. v. Electric Beach, Inc. Introduction The case of California Sun Tanning USA, Inc. v. Electric Beach, Inc....
Third Circuit Upholds Good Faith Exception, Clarifies Fourth Amendment Standing in Drug-Related Searches

Third Circuit Upholds Good Faith Exception, Clarifies Fourth Amendment Standing in Drug-Related Searches

Date: Mar 10, 2010
Third Circuit Upholds Good Faith Exception, Clarifies Fourth Amendment Standing in Drug-Related Searches Introduction In the case of United States of America v. Edward Stearn, aka Extra, Joseph...
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