3d Circuit Case Commentaries

Affirmation of State Custody Proceedings: Lazaridis v. Wehmer and Implications for UCCJEA Enforcement

Date: Jan 8, 2010

Affirmation of State Custody Proceedings: Lazaridis v. Wehmer and Implications for UCCJEA Enforcement Introduction The case of Emmanuel N. Lazaridis v. Lavina Tina Wehmer et al. (591 F.3d 666)...

Defining 'Related-To' Jurisdiction in Bankruptcy Injunctions: Insights from IN RE W.R. GRACE CO.

Date: Jan 1, 2010

Defining 'Related-To' Jurisdiction in Bankruptcy Injunctions: Insights from IN RE W.R. GRACE CO. Introduction The legal landscape surrounding bankruptcy proceedings is complex, especially when it...

Kach v. Hose: Affirmation of Statute of Limitations and State Actor Determination

Date: Dec 24, 2009

Kach v. Hose: Affirmation of Statute of Limitations and State Actor Determination Introduction The case of Tanya Nicole KACH a/k/a Nikki Diane Allen v. Thomas HOSE was adjudicated by the United...

Zachary Wilson v. Jeffrey Beard: Upholding Brady Obligations in Criminal Proceedings

Date: Dec 24, 2009

Zachary Wilson v. Jeffrey Beard: Upholding Brady Obligations in Criminal Proceedings Introduction Zachary Wilson v. Jeffrey Beard, 589 F.3d 651 (3d Cir. 2009), is a pivotal case addressing the...

Third Circuit Reinforces McDonnell Douglas Framework for ADEA Claims Amidst Gross Decision in Smith v. City of Allentown

Date: Dec 23, 2009

Third Circuit Reinforces McDonnell Douglas Framework for ADEA Claims Amidst Gross Decision in Smith v. City of Allentown Introduction In the case of Thomas A. Smith v. City of Allentown; Ed...

Preemption of State Sovereign Immunity in Rail Passenger Indemnity Contracts

Date: Dec 23, 2009

Preemption of State Sovereign Immunity in Rail Passenger Indemnity Contracts Introduction The case Richard DEWEESE v. National Railroad Passenger Corporation (Amtrak), decided by the United States...

Third Circuit Establishes Framework for Evaluating Class Representative Releases in ERISA §502(a)(2) Actions

Date: Dec 22, 2009

Third Circuit Establishes Framework for Evaluating Class Representative Releases in ERISA §502(a)(2) Actions Introduction The case In re SCHERING PLOUGH CORPORATION ERISA LITIGATION addressed pivotal...

Intoxication Does Not Render Intentional Conduct Accidental Under Homeowners and Umbrella Policies

Date: Dec 17, 2009

Intoxication Does Not Render Intentional Conduct Accidental Under Homeowners and Umbrella Policies Introduction The case of State Farm Fire Casualty Co. v. Estate of Thomas W. Mehlman (589 F.3d 105,...

Right to a Speedy Trial: United States v. Germaine Battis

Date: Dec 15, 2009

Right to a Speedy Trial: United States v. Germaine Battis Introduction United States v. Germaine Battis, 589 F.3d 673 (3d Cir. 2009), is a pivotal case addressing the Sixth Amendment's guarantee of a...

Affirmation of Qualified Immunity in Affidavit Misrepresentation: BARTON v. CURTIS

Date: Dec 9, 2009

Affirmation of Qualified Immunity in Affidavit Misrepresentation: BARTON v. CURTIS Introduction BARTON v. CURTIS is a pivotal case adjudicated by the United States Court of Appeals for the Third...

Onset Date of Disability Determination in Combined Physical and Mental Impairments: Bailey v. Commissioner of Social Security

Date: Dec 4, 2009

Onset Date of Disability Determination in Combined Physical and Mental Impairments: Bailey v. Commissioner of Social Security Introduction Craig T. Bailey appealed a decision by the Commissioner of...

Affirmation of Judicial Immunity and Strict Pleading Standards in Civil Rights Litigation

Date: Nov 28, 2009

Affirmation of Judicial Immunity and Strict Pleading Standards in Civil Rights Litigation Introduction In the case of Eleanor Capogrosso v. The Supreme Court of the State of New Jersey, the United...

Enforceability of Arbitration Clauses in Usurious Lending Contracts: Kaneff v. Delaware Title Loans

Date: Nov 25, 2009

Enforceability of Arbitration Clauses in Usurious Lending Contracts: Kaneff v. Delaware Title Loans Introduction The case of Tia L. Kaneff v. Delaware Title Loans, Inc., adjudicated by the United...

Third Circuit Clarifies Guardians’ Standing under IDEA and Enforces Waiver of ADA and RA Claims in School District Litigation

Date: Nov 21, 2009

Third Circuit Clarifies Guardians’ Standing under IDEA and Enforces Waiver of ADA and RA Claims in School District Litigation Introduction In the case of Ronald E. Chambers and Leslie A. Chambers, as...

Redefining 'Crime of Violence' Under Sentencing Guidelines: Insights from United States v. James Henry Johnson

Date: Nov 19, 2009

Redefining 'Crime of Violence' Under Sentencing Guidelines: Insights from United States v. James Henry Johnson Introduction The case of United States of America v. James Henry Johnson, 587 F.3d 203...

Reaffirmation of the 'Stigma-Plus' Test: Emotional Distress Insufficient for Due Process Claims in Good v. City of Sunbury

Date: Nov 17, 2009

Reaffirmation of the 'Stigma-Plus' Test: Emotional Distress Insufficient for Due Process Claims in Good v. City of Sunbury Introduction In the case of Charlene J. Good and Richard C. Good v. City of...

Rooker-Feldman Doctrine Reinforced and TILA Disclosure Clarified: Analysis of In re Deborah A. Madera

Date: Nov 13, 2009

Rooker-Feldman Doctrine Reinforced and TILA Disclosure Clarified: Analysis of In re Deborah A. Madera Introduction The case of In re Deborah A. Madera, Debtor, heard by the United States Court of...

Affirmation of Summary Judgment in Gilroy v. Astrue: Clarifying the Role of GAF Scores in Social Security Disability Evaluations

Date: Nov 10, 2009

Affirmation of Summary Judgment in Gilroy v. Astrue: Clarifying the Role of GAF Scores in Social Security Disability Evaluations Introduction In the case of Billie Jo Gilroy v. Michael J. Astrue,...

Extending IDEA’s Two-Year Statute of Limitations to §504 Educational Claims: Third Circuit Ruling

Date: Nov 3, 2009

Extending IDEA’s Two-Year Statute of Limitations to §504 Educational Claims: Third Circuit Ruling Introduction In the case of P.P., A Minor by and through his Parents, MICHAEL P. and Rita P.; Michael...

Third Circuit Establishes Precedent on Free Speech and Safety: Limits on Combined Buffer and Bubble Zones

Date: Oct 31, 2009

Third Circuit Establishes Precedent on Free Speech and Safety: Limits on Combined Buffer and Bubble Zones Introduction In the case of Mary Kathryn BROWN v. CITY OF PITTSBURGH, the United States Court...

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