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  • Commentaries
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3d Circuit Case Commentaries

Affirmation of Summary Judgment in Robinson v. Matthews International Corporation: Clarifying the Burden of Proof in Age Discrimination Cases

Affirmation of Summary Judgment in Robinson v. Matthews International Corporation: Clarifying the Burden of Proof in Age Discrimination Cases

Date: Mar 9, 2010
Affirmation of Summary Judgment in Robinson v. Matthews International Corporation: Clarifying the Burden of Proof in Age Discrimination Cases Introduction In the case of Stephen W. Robinson v....
Exhaustion of Administrative Remedies in Bivens Actions: Mitchell v. Dodrill et al.

Exhaustion of Administrative Remedies in Bivens Actions: Mitchell v. Dodrill et al.

Date: Mar 6, 2010
Exhaustion of Administrative Remedies in Bivens Actions: Mitchell v. Dodrill et al. Introduction Mitchell v. Dodrill et al. is a significant case adjudicated in the United States District Court for...
Third Circuit Affirms Dismissal of IOAA and Sherman Act Claims Against Private Entities in IRS E-Filing Program

Third Circuit Affirms Dismissal of IOAA and Sherman Act Claims Against Private Entities in IRS E-Filing Program

Date: Mar 4, 2010
Third Circuit Affirms Dismissal of IOAA and Sherman Act Claims Against Private Entities in IRS E-Filing Program Introduction In the case of Stacie Byers and Deborah A. Seltzer, indi v. dually and on...
Affirmation of Ineffective Assistance of Counsel Standard in REAL v. SUPERINTENDENT SHANNON

Affirmation of Ineffective Assistance of Counsel Standard in REAL v. SUPERINTENDENT SHANNON

Date: Mar 4, 2010
Affirmation of Ineffective Assistance of Counsel Standard in REAL v. SUPERINTENDENT SHANNON Introduction In Torrey B. REAL v. Superintendent SHANNON; The Attorney General of the State of...
Balancing Affidavit Incorporation and Good Faith in Search Warrant Enforcement: Tracey v. United States

Balancing Affidavit Incorporation and Good Faith in Search Warrant Enforcement: Tracey v. United States

Date: Mar 2, 2010
Balancing Affidavit Incorporation and Good Faith in Search Warrant Enforcement: Tracey v. United States Introduction Tracey v. United States, 597 F.3d 140 (3d Cir. 2010), is a pivotal case in the...
United States v. Miller: Establishing Reasonable Limits on Lifetime Supervised Release and Internet Restrictions

United States v. Miller: Establishing Reasonable Limits on Lifetime Supervised Release and Internet Restrictions

Date: Feb 6, 2010
United States v. Miller: Establishing Reasonable Limits on Lifetime Supervised Release and Internet Restrictions Introduction In United States of America v. Donald R. Miller, 594 F.3d 172 (3d Cir....
Affirmation of the Economic Loss Doctrine in Insurance Indemnity Disputes: Travelers Indemnity Co. v. Dammann Co.

Affirmation of the Economic Loss Doctrine in Insurance Indemnity Disputes: Travelers Indemnity Co. v. Dammann Co.

Date: Feb 6, 2010
Affirmation of the Economic Loss Doctrine in Insurance Indemnity Disputes: Travelers Indemnity Co. v. Dammann Co. Introduction In the case of The Travelers Indemnity Company v. Dammann Co., Inc., the...
Equitable Tolling of Filing Deadlines for Attorney Fees under Rule 54(d)(2) in Social Security Appeals

Equitable Tolling of Filing Deadlines for Attorney Fees under Rule 54(d)(2) in Social Security Appeals

Date: Feb 3, 2010
Equitable Tolling of Filing Deadlines for Attorney Fees under Rule 54(d)(2) in Social Security Appeals Introduction The case of Lawrence Walker v. Michael J. Astrue, Commissioner of Social Security,...
US Third Circuit Upholds Delaware's Lethal Injection Protocol as Eighth Amendment-Compliant

US Third Circuit Upholds Delaware's Lethal Injection Protocol as Eighth Amendment-Compliant

Date: Feb 2, 2010
US Third Circuit Upholds Delaware's Lethal Injection Protocol as Eighth Amendment-Compliant Introduction The case of Robert W. Jackson, III v. Carl C. Danberg, Commissioner, Delaware Department of...
Affirming Rule 23 Commonality: Excluding Non-Viable Claims in Nationwide Class Action Settlements

Affirming Rule 23 Commonality: Excluding Non-Viable Claims in Nationwide Class Action Settlements

Date: Jan 29, 2010
Affirming Rule 23 Commonality: Excluding Non-Viable Claims in Nationwide Class Action Settlements Introduction The case of SULLIVAN v. DB INVESTMENTS, Inc.; De Beers S.A.; De Beers Consolidated...
Affirmation of Summary Judgment in Employment Discrimination Case: Standards for Hostile Work Environment and Retaliation

Affirmation of Summary Judgment in Employment Discrimination Case: Standards for Hostile Work Environment and Retaliation

Date: Jan 29, 2010
Affirmation of Summary Judgment in Employment Discrimination Case: Standards for Hostile Work Environment and Retaliation Introduction Hector Sanchez, a former Senior Software Specialist at SunGard...
Affirmation of Proximate Causation Standards in § 1983 Actions

Affirmation of Proximate Causation Standards in § 1983 Actions

Date: Jan 29, 2010
Affirmation of Proximate Causation Standards in § 1983 Actions Introduction The case of Donald J. Burnsworth, Jr. and Diana Burnsworth v. PC Laboratory; Pennsylvania State Police; Daniel Ekis,...
Non-Exemption of Helicopter Pilots under the Fair Labor Standards Act: Pignataro & Chase v. Port Authority of NY & NJ

Non-Exemption of Helicopter Pilots under the Fair Labor Standards Act: Pignataro & Chase v. Port Authority of NY & NJ

Date: Jan 28, 2010
Non-Exemption of Helicopter Pilots under the Fair Labor Standards Act: Pignataro & Chase v. Port Authority of NY & NJ Introduction In the landmark case of Michael G. Pignataro; Thompson R. Chase v....
Sum Certain Requirement as a Jurisdictional Threshold under the Federal Tort Claims Act: Analysis of White-Squire v. USPS

Sum Certain Requirement as a Jurisdictional Threshold under the Federal Tort Claims Act: Analysis of White-Squire v. USPS

Date: Jan 28, 2010
Sum Certain Requirement as a Jurisdictional Threshold under the Federal Tort Claims Act: Analysis of White-Squire v. USPS Introduction Monica WHITE-SQUIRE; John Squire, Appellants v. UNITED STATES...
Affirmation of Reasonable Suspicion in Vehicle Stops Based on 911 Tips: United States v. Johnson

Affirmation of Reasonable Suspicion in Vehicle Stops Based on 911 Tips: United States v. Johnson

Date: Jan 28, 2010
Affirmation of Reasonable Suspicion in Vehicle Stops Based on 911 Tips: United States v. Johnson Introduction In the case of United States v. Anthony Johnson, 592 F.3d 442 (3d Cir. 2010), the United...
Ineffective Assistance of Counsel: Proof of Prejudice Essential in Right-to-Testify Claims

Ineffective Assistance of Counsel: Proof of Prejudice Essential in Right-to-Testify Claims

Date: Jan 27, 2010
Ineffective Assistance of Counsel: Proof of Prejudice Essential in Right-to-Testify Claims Introduction Wali Palmer v. Roy L. Hendricks and Peter Harvey is a pivotal case decided by the United States...
Establishing Knowledge in Drug Conspiracy: Insights from United States v. Ruben Boria

Establishing Knowledge in Drug Conspiracy: Insights from United States v. Ruben Boria

Date: Jan 27, 2010
Establishing Knowledge in Drug Conspiracy: Insights from United States v. Ruben Boria Introduction The case of United States v. Ruben Boria (592 F.3d 476) represents a significant appellate decision...
Strict Enforcement of Administrative Exhaustion: Barzanty v. Verizon Establishes Limits on Hostile Work Environment Claims

Strict Enforcement of Administrative Exhaustion: Barzanty v. Verizon Establishes Limits on Hostile Work Environment Claims

Date: Jan 21, 2010
Strict Enforcement of Administrative Exhaustion: Barzanty v. Verizon Establishes Limits on Hostile Work Environment Claims Introduction The case of Audrey Barzanty v. Verizon Pennsylvania, Inc.;...
Enforcement of Non-Compete Agreements: Zambelli Fireworks v. Wood & Pyrotecnico

Enforcement of Non-Compete Agreements: Zambelli Fireworks v. Wood & Pyrotecnico

Date: Jan 16, 2010
Enforcement of Non-Compete Agreements: Zambelli Fireworks Manufacturing Co., Inc. d/b/a Zambelli Fireworks Internationale v. Matthew Wood; Pyrotecnico F/X LLC Introduction The case Zambelli Fireworks...
Affirmation of Dismissal in RICO Claims: Kolar v. Preferred Real Estate Investments

Affirmation of Dismissal in RICO Claims: Kolar v. Preferred Real Estate Investments

Date: Jan 13, 2010
Affirmation of Dismissal in RICO Claims: Kolar v. Preferred Real Estate Investments Introduction In the case of Erik E. Kolar v. Preferred Real Estate Investments, Inc., 361 F. App'x 354 (3d Cir....
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