3d Circuit Case Commentaries

Establishing RESPA Section 8(d)(2) Private Right of Action Without Overcharge Requirement

Date: Oct 29, 2009

Establishing RESPA Section 8(d)(2) Private Right of Action Without Overcharge Requirement Introduction In the landmark case of Mary Alston, individually and on behalf of all others similarly...

Proximate Cause in Misrepresentation Claims: BOURIEZ v. CARNEGIE MELLON UNIVERSITY

Date: Oct 27, 2009

Proximate Cause in Misrepresentation Claims: BOURIEZ v. CARNEGIE MELLON UNIVERSITY Introduction The case of Christian Bouriez and Montanelle Beheer, B.V. v. Carnegie Mellon University (585 F.3d 765)...

Third Circuit Establishes Robust Framework for Arbitration in Reinsurance Retrocession Agreements

Date: Oct 16, 2009

Third Circuit Establishes Robust Framework for Arbitration in Reinsurance Retrocession Agreements Introduction Century Indemnity Company v. Certain Underwriters at Lloyd's, London was a pivotal case...

Affirmation of Attorneys' Fees Allocation in Complex MDL: Upholding Percentage-of-Recovery and Common Benefit Doctrine in IN RE DIET DRUGS Litigation

Date: Oct 9, 2009

Affirmation of Attorneys' Fees Allocation in Complex MDL: Upholding Percentage-of-Recovery and Common Benefit Doctrine in IN RE DIET DRUGS Litigation Introduction The case of IN RE DIET DRUGS...

Third Circuit Upholds Categorical Approach in Determining CIMT: Simple Assault on Child Not a CIMT under INA

Date: Oct 7, 2009

Third Circuit Upholds Categorical Approach in Determining CIMT: Simple Assault on Child Not a CIMT under INA Introduction The case of Lyonel Jean-Louis v. Attorney General of the United States of...

Res Judicata and Successive Discrimination Claims: Elkadrawy v. Vanguard Group

Date: Oct 7, 2009

Res Judicata and Successive Discrimination Claims: Elkadrawy v. Vanguard Group Introduction The case of Emad Elkadrawy v. The Vanguard Group, Inc., decided by the United States Court of Appeals for...

Firm Offers Under the Fair Credit Reporting Act: Insights from Gelman v. State Farm

Date: Oct 6, 2009

Firm Offers Under the Fair Credit Reporting Act: Insights from Gelman v. State Farm Introduction In Gelman v. State Farm Mutual Automobile Insurance Company, the United States Court of Appeals for...

Affirmation of Attorneys' Fee Award in McKenna v. City of Philadelphia

Date: Oct 3, 2009

Affirmation of Attorneys' Fee Award in McKenna v. City of Philadelphia Introduction The case of Michael McKenna; Beth McKenna; Timothy McKenna; Patricia Sulli v. City of Philadelphia (582 F.3d 447)...

Law of the Case Doctrine Upholding Arbitration in MDL: Bellevue v. AdvancePCS

Date: Sep 25, 2009

Law of the Case Doctrine Upholding Arbitration in MDL: Bellevue v. AdvancePCS Introduction The case In re Pharmacy Benefit Managers Antitrust Litigation (MDL 1782) Bellevue Drug Co.; Robert...

Affirmation of Clean Air Act Operator Liability and Interpretation of 'Knowingly and Willfully' under 18 U.S.C. §1001(a): United States v. Starnes and George

Date: Sep 25, 2009

Affirmation of Clean Air Act Operator Liability and Interpretation of 'Knowingly and Willfully' under 18 U.S.C. §1001(a): United States v. Starnes and George Introduction In the appellate case United...

Constructive Knowledge and FMLA Eligibility: Insights from Erdman v. Nationwide Insurance

Date: Sep 24, 2009

Constructive Knowledge and FMLA Eligibility: Insights from Erdman v. Nationwide Insurance Company Introduction The case of Brenda L. Erdman v. Nationwide Insurance Company (582 F.3d 500, Third...

Limits of Property Interest in At-Will Employment under § 1983: El-Hewie v. Bergen County Board of Education

Date: Sep 18, 2009

Limits of Property Interest in At-Will Employment under § 1983: El-Hewie v. Bergen County Board of Education Introduction The case of Mohamed F. El-Hewie v. Bergen County Board of Education of the...

Preservation of Batson Claims and Effective Assistance of Counsel under AEDPA: A Comprehensive Review of Lewis v. Horn

Date: Sep 15, 2009

Preservation of Batson Claims and Effective Assistance of Counsel under AEDPA: A Comprehensive Review of Lewis v. Horn Introduction The case of Reginald S. Lewis v. Commissioner Martin Horn, 581 F.3d...

Expansion of Stay-and-Abeyance Procedure in Habeas Corpus Petitions: Heleva v. Brooks

Date: Sep 15, 2009

Expansion of Stay-and-Abeyance Procedure in Habeas Corpus Petitions: Heleva v. Brooks Introduction Daniel Arthur HELEVA, Appellant v. Warden Mrs. M. BROOKS; PA State Attorney General; Monroe County...

Cumulative Brady Violations Undermining Verdict Confidence: Analysis of Ernest Simmons v. Jeffrey Beard

Date: Sep 12, 2009

Cumulative Brady Violations Undermining Verdict Confidence: Analysis of Ernest Simmons v. Jeffrey Beard Introduction Ernest Simmons v. Jeffrey Beard, 581 F.3d 158 (3d Cir. 2009), is a pivotal case...

Enforceability of Informal Contracts and Ambiguity in Trademark Coexistence Agreements: Insights from American Eagle v. Lyle Scott