3d Circuit Case Commentaries

Affirmation of Denial: Stringent Standards for Equitable Tolling under AEDPA in Teagle v. Da

Date: Jul 9, 2009

Affirmation of Denial: Stringent Standards for Equitable Tolling under AEDPA in Teagle v. Da Introduction Gerald Teagle v. David DiGuglielmo, Superintendent, SCI Graterford; District Attorney, County...

Affirming Summary Judgment in Reverse Discrimination Case: Evaluating Comparator Evidence

Date: Jul 8, 2009

Affirming Summary Judgment in Reverse Discrimination Case: Evaluating Comparator Evidence Introduction The case of Jeffrey Opsatnik v. Norfolk Southern Corporation examines allegations of unlawful...

Third Circuit Clarifies Privity in Enforcing Arbitration Clauses: Nationwide Mutual Fire Insurance Co. v. GEORGE V. HAMILTON, Inc.

Date: Jul 7, 2009

Third Circuit Clarifies Privity in Enforcing Arbitration Clauses: Nationwide Mutual Fire Insurance Co. v. GEORGE V. HAMILTON, Inc. Introduction The case of Nationwide Mutual Fire Insurance Company v....

Enforcing Trademark Injunctions: Accountability of Successors and Associates in MARSHAK v. TREADWELL

Date: Jul 3, 2009

Enforcing Trademark Injunctions: Accountability of Successors and Associates in MARSHAK v. TREADWELL Introduction MARSHAK v. TREADWELL is a landmark case adjudicated by the United States Court of...

Establishing Evidentiary Standards for Ineffective Assistance of Counsel in Sentencing: Thomas v. Horn

Date: Jul 2, 2009

Establishing Evidentiary Standards for Ineffective Assistance of Counsel in Sentencing: Thomas v. Horn Introduction In the landmark case of Brian Thomas v. Martin Horn, Commissioner, heard by the...

Establishing §1983 Enforcement of Federal Nursing Home Reform Amendments

Date: Jul 1, 2009

Establishing §1983 Enforcement of Federal Nursing Home Reform Amendments Introduction Grammer v. Kane Regional Centers-GLen Hazel (570 F.3d 520, 2009) is a landmark decision by the United States...

Marangos v. Swett: Upholding the Plausibility Standard and State Action Requirements in Federal Civil Claims

Date: Jun 26, 2009

Marangos v. Swett: Upholding the Plausibility Standard and State Action Requirements in Federal Civil Claims Introduction Marangos v. Swett et al. is a pivotal case adjudicated by the United States...

Joinder of In Forma Pauperis Prisoners Under Rule 20 Not Precluded by PLRA

Date: Jun 20, 2009

Joinder of In Forma Pauperis Prisoners Under Rule 20 Not Precluded by PLRA Introduction In the landmark case Hagan et al. v. Rogers et al., argued on February 3, 2009, and decided on June 19, 2009,...

Affirmation of OPM's Debarment Decisions: Res Judicata and Procedural Compliance in APA Claims

Date: Jun 17, 2009

Affirmation of OPM's Debarment Decisions: Res Judicata and Procedural Compliance in APA Claims Introduction In the case of Reginald L. Sydnor v. Office of Personnel Management, the United States...

Management Level Determination in Title VII Liability: Huston v. Procter & Gamble Paper Products Corporation

Date: Jun 9, 2009

Management Level Determination in Title VII Liability: Huston v. Procter & Gamble Paper Products Corporation Introduction The case of Priscilla Huston v. The Procter & Gamble Paper Products...

Discovery Rule Governs Accrual of Copyright Infringement Claims: Graham Co. v. Haughey and USI MidAtlantic

Date: Jun 6, 2009

Discovery Rule Governs Accrual of Copyright Infringement Claims: Graham Co. v. Haughey and USI MidAtlantic Introduction The case of William A. Graham Company, d/b/a The Graham Company v. Thomas P....

Metcalfe v. Renaissance Marine: Expanding the Scope of Personal Jurisdiction in Modern Commerce

Date: May 22, 2009

Metcalfe v. Renaissance Marine: Expanding the Scope of Personal Jurisdiction in Modern Commerce Introduction The case of Richard and Cynthia Metcalfe v. Renaissance Marine, Inc. (566 F.3d 324),...

Establishing Limits of Personal Jurisdiction in Product Liability Cases: Pilatus Aircraft Ltd. v. D'Jamoos

Date: May 15, 2009

Establishing Limits of Personal Jurisdiction in Product Liability Cases: Pilatus Aircraft Ltd. v. D'Jamoos Introduction The case of Theresa D'JAMOOS et al. v. Pilatus Aircraft Ltd. et al., decided by...

Limitations of Qualified Immunity in Parole Restrictions on Marital Association

Date: May 13, 2009

Limitations of Qualified Immunity in Parole Restrictions on Marital Association Introduction In the appellate case Juan Maurice Newland v. Lori Reehorst, adjudicated by the United States Court of...

Reaffirming Validity of Initial Stacking Waivers in Multi-Vehicle Policies under Pennsylvania's MVFRL

Date: May 13, 2009

Reaffirming Validity of Initial Stacking Waivers in Multi-Vehicle Policies under Pennsylvania's MVFRL Introduction The case of State Auto Property Casualty Insurance Company v. Pro Design, P.C. (566...

Affirmation of Qualified Immunity in Inmate Retaliation Claims: Da v. SOLAN

Date: May 9, 2009

Affirmation of Qualified Immunity in Inmate Retaliation Claims: Da v. SOLAN Introduction Da v. SOLAN, 326 F. App'x 97 (3d Cir. 2009), presents a significant case in the realm of inmates' civil rights...

Interpretation of 'Applicable Guideline Range' in §3582(c)(2) Under U.S.S.G. §1B1.10: Third Circuit Upholds Denial of Sentence Reduction

Date: May 1, 2009

Interpretation of 'Applicable Guideline Range' in §3582(c)(2) Under U.S.S.G. §1B1.10: Third Circuit Upholds Denial of Sentence Reduction Introduction In the case of United States of America v. John...

Enhanced Pleading Standards for Scienter under the Private Securities Litigation Reform Act in Institutional Investors Group v. Avaya

Date: May 1, 2009

Enhanced Pleading Standards for Scienter under the Private Securities Litigation Reform Act in Institutional Investors Group v. Avaya Introduction Institutional Investors Group, Lead Plaintiff;...

McTERNAN v. City of York: Implications for First Amendment Protections in Public Fora

Date: Apr 28, 2009

McTERNAN v. City of York: Implications for First Amendment Protections in Public Fora Introduction In the case of John McTernan v. City of York, the United States Court of Appeals for the Third...

Kossler v. Crisanti: Defining Favorable Termination in Malicious Prosecution Claims

Date: Apr 22, 2009

Kossler v. Crisanti: Defining Favorable Termination in Malicious Prosecution Claims Introduction In Kossler v. Crisanti, 564 F.3d 181 (3d Cir. 2009), the United States Court of Appeals for the Third...

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