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  • Commentaries
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3d Circuit Case Commentaries

Indemnification Agreements Under ERISA Upheld: Insights from Pittsburgh Mack Sales Service, Inc. v. International Union of Operating Engineers, Local Union No. 66

Indemnification Agreements Under ERISA Upheld: Insights from Pittsburgh Mack Sales Service, Inc. v. International Union of Operating Engineers, Local Union No. 66

Date: Sep 5, 2009
Indemnification Agreements Under ERISA Upheld: Insights from Pittsburgh Mack Sales Service, Inc. v. International Union of Operating Engineers, Local Union No. 66 Introduction The case of Pittsburgh...
Clarifying EMTALA's Scope: Outpatient Presentations Do Not Trigger EMTALA Obligations

Clarifying EMTALA's Scope: Outpatient Presentations Do Not Trigger EMTALA Obligations

Date: Sep 3, 2009
Clarifying EMTALA's Scope: Outpatient Presentations Do Not Trigger EMTALA Obligations Introduction The case of Christopher Torretti; Honey Torretti, as parents natural guardians of Christopher J....
GRIDER v. KEYSTONE HEALTH PLAN: Third Circuit Sets New Standards for Discovery Sanctions

GRIDER v. KEYSTONE HEALTH PLAN: Third Circuit Sets New Standards for Discovery Sanctions

Date: Sep 2, 2009
GRIDER v. KEYSTONE HEALTH PLAN: Third Circuit Sets New Standards for Discovery Sanctions Introduction In the case of Natalie M. Grider, M.D.; Kutztown Family Medicine, P.C. v. Keystone Health Plan...
Gender Stereotyping Discrimination Recognized Under Title VII in Prowel v. Wise Business Forms, Inc.

Gender Stereotyping Discrimination Recognized Under Title VII in Prowel v. Wise Business Forms, Inc.

Date: Aug 29, 2009
Gender Stereotyping Discrimination Recognized Under Title VII in Prowel v. Wise Business Forms, Inc. Introduction In Brian D. Prowel v. Wise Business Forms, Inc., 579 F.3d 285 (3d Cir. 2009), the...
Affirmation of Nonpublic Forum Status for Handicapped Ramps in Planned Parenthood Protests

Affirmation of Nonpublic Forum Status for Handicapped Ramps in Planned Parenthood Protests

Date: Aug 25, 2009
Affirmation of Nonpublic Forum Status for Handicapped Ramps in Planned Parenthood Protests Introduction The appellate case of McTERNAN et al. v. City of York et al. addresses the balance between...
Four-Year Statute of Limitations for Failure-to-Transfer Claims under the Rehabilitation Act Established in Fowler v. UPMC Shadyside Hospital

Four-Year Statute of Limitations for Failure-to-Transfer Claims under the Rehabilitation Act Established in Fowler v. UPMC Shadyside Hospital

Date: Aug 19, 2009
Four-Year Statute of Limitations for Failure-to-Transfer Claims under the Rehabilitation Act Established in Fowler v. UPMC Shadyside Hospital Introduction Fowler v. UPMC Shadyside Hospital, 578 F.3d...
Qualified Immunity Affirmed for Social Workers in Procedural Due Process Claims: Bayer v. Monroe County CYS

Qualified Immunity Affirmed for Social Workers in Procedural Due Process Claims: Bayer v. Monroe County CYS

Date: Aug 15, 2009
Qualified Immunity Affirmed for Social Workers in Procedural Due Process Claims: Bayer v. Monroe County CYS Introduction In the landmark case of Bayer v. Monroe County Children and Youth Services,...
Holk v. Snapple: Reaffirming the Limits of Federal Preemption in Food Labeling

Holk v. Snapple: Reaffirming the Limits of Federal Preemption in Food Labeling

Date: Aug 13, 2009
Holk v. Snapple: Reaffirming the Limits of Federal Preemption in Food Labeling Introduction In the landmark appellate decision Holk v. Snapple Beverage Corporation, 575 F.3d 329 (3d Cir. 2009), the...
Comprehensive Commentary on Diaz v. Commissioner of Social Security: Considering Obesity in Disability Determinations

Comprehensive Commentary on Diaz v. Commissioner of Social Security: Considering Obesity in Disability Determinations

Date: Aug 13, 2009
Diaz v. Commissioner of Social Security: Implications for Obesity in Disability Assessments Introduction Maria M. Diaz appealed the decision of the Administrative Law Judge (ALJ) denying her Social...
Enhanced Supervision Conditions in Child Pornography Cases: Analysis of United States v. Thielemann

Enhanced Supervision Conditions in Child Pornography Cases: Analysis of United States v. Thielemann

Date: Aug 4, 2009
Enhanced Supervision Conditions in Child Pornography Cases: Analysis of United States v. Thielemann Introduction United States of America v. Paul R. Thielemann is a pivotal case adjudicated by the...
Fraudulent Joinder and Bankruptcy Do Not Preclude Removal of Class Actions Under CAFA

Fraudulent Joinder and Bankruptcy Do Not Preclude Removal of Class Actions Under CAFA

Date: Aug 1, 2009
Fraudulent Joinder and Bankruptcy Do Not Preclude Removal of Class Actions Under CAFA Introduction William J. Brown et al. v. Sun Capital Partners Inc. et al., 575 F.3d 322 (3d Cir. 2009), presents a...
Defining Special Education Placements Under IDEA: Insights from Courtney v. School District of Philadelphia

Defining Special Education Placements Under IDEA: Insights from Courtney v. School District of Philadelphia

Date: Aug 1, 2009
Defining Special Education Placements Under IDEA: Insights from Courtney v. School District of Philadelphia Introduction The case of Mary Courtney T.; Bruce T.; Letty T. v. School District of...
Clarifying AEDPA Standards in Habeas Claims: The Third Circuit's Decision in Christopher Boyd v. SCI Waymart et al.

Clarifying AEDPA Standards in Habeas Claims: The Third Circuit's Decision in Christopher Boyd v. SCI Waymart et al.

Date: Aug 1, 2009
Clarifying AEDPA Standards in Habeas Claims: The Third Circuit's Decision in Christopher Boyd v. SCI Waymart et al. Introduction The case of Christopher Boyd v. Warden, SCI Waymart; District Attorney...
Establishing the Boundaries of "Advice" in Pre-Existing Condition Exclusions under ERISA: Doroshow v. Hartford Life and Accident Insurance Company

Establishing the Boundaries of "Advice" in Pre-Existing Condition Exclusions under ERISA: Doroshow v. Hartford Life and Accident Insurance Company

Date: Jul 31, 2009
Establishing the Boundaries of "Advice" in Pre-Existing Condition Exclusions under ERISA: Doroshow v. Hartford Life and Accident Insurance Company Introduction The case of Jay Doroshow v. Hartford...
Procedural Due Process in At-Will Employment: Biliski v. Red Clay Consolidated School District

Procedural Due Process in At-Will Employment: Biliski v. Red Clay Consolidated School District

Date: Jul 30, 2009
Procedural Due Process in At-Will Employment: Biliski v. Red Clay Consolidated School District Introduction The case of Edward A. Biliski v. Red Clay Consolidated School District Board of Education...
Third Circuit Limits Class Certification in ADA Pattern-Or-Practice Claims

Third Circuit Limits Class Certification in ADA Pattern-Or-Practice Claims

Date: Jul 24, 2009
Third Circuit Limits Class Certification in ADA Pattern-Or-Practice Claims Introduction In the landmark case Hohider; DiPaolo; Branum v. United Parcel Service, Inc., the United States Court of...
Reaffirming Eleventh Amendment and Absolute Immunity Protections for Prosecutorial Officials: Hyatt v. County of Passaic

Reaffirming Eleventh Amendment and Absolute Immunity Protections for Prosecutorial Officials: Hyatt v. County of Passaic

Date: Jul 17, 2009
Reaffirming Eleventh Amendment and Absolute Immunity Protections for Prosecutorial Officials: Hyatt v. County of Passaic Introduction The case of Claudette Hyatt; Alicia Anderson, a minor by her...
Affirmation of Qualified Immunity and Eighth Amendment Standards in Prisoner Civil Rights Litigation: Gause v. Da

Affirmation of Qualified Immunity and Eighth Amendment Standards in Prisoner Civil Rights Litigation: Gause v. Da

Date: Jul 16, 2009
Affirmation of Qualified Immunity and Eighth Amendment Standards in Prisoner Civil Rights Litigation: Gause v. Da Introduction The case of Mario Gause v. Da et al. is a significant judicial decision...
Revisiting Qualified Immunity: Third Circuit's Landmark Decision in Giles v. Kearney

Revisiting Qualified Immunity: Third Circuit's Landmark Decision in Giles v. Kearney

Date: Jul 16, 2009
Revisiting Qualified Immunity: Third Circuit's Landmark Decision in Giles v. Kearney Introduction In the case of Wardell Leroy Giles v. Warden Rick Kearney, et al., adjudicated by the United States...
Affirmation of Summary Judgment in Blakeslee v. Clinton County: Implications for Municipal Liability under 42 U.S.C. § 1983

Affirmation of Summary Judgment in Blakeslee v. Clinton County: Implications for Municipal Liability under 42 U.S.C. § 1983

Date: Jul 15, 2009
Affirmation of Summary Judgment in Blakeslee v. Clinton County: Implications for Municipal Liability under 42 U.S.C. § 1983 Introduction The case of Blakeslee v. Clinton County addresses significant...
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