3d Circuit Case Commentaries

Extension of Pennsylvania's Strict Products Liability to Bystanders: Berrier v. Simplicity Manufacturing, Inc.

Date: Apr 22, 2009

Extension of Pennsylvania's Strict Products Liability to Bystanders: Berrier v. Simplicity Manufacturing, Inc. Introduction The case of Wayne Berrier; Brenda Gregg, as parents and guardians of Ashley...

Affirmation of Abuse-of-Discretion in Sentencing: United States v. Tomko

Date: Apr 18, 2009

Affirmation of Abuse-of-Discretion in Sentencing: United States v. Tomko Introduction In the landmark case United States of America v. William Tomko, 562 F.3d 558 (2009), the United States Court of...

CGL Policies Exclude Breach of Contract Claims: Nationwide Mutual Insurance Co. v. CPB International

Date: Apr 15, 2009

CGL Policies Exclude Breach of Contract Claims: Nationwide Mutual Insurance Co. v. CPB International Introduction The case NATIONWIDE MUTUAL INSURANCE COMPANY v. CPB INTERNATIONAL, INC. (562 F.3d...

Deferential Standards in ERISA Plan Administration: Insights from Estate of Ke v. Schwing

Date: Apr 15, 2009

Deferential Standards in ERISA Plan Administration: Insights from Estate of Ke v. Schwing Introduction The case of Estate of Ke v. Eli Lilly and Company (562 F.3d 522) adjudicated by the United...

Undue Hardship in Accommodating Religious Garb in Police Uniforms: Webb v. City of Philadelphia

Date: Apr 8, 2009

Undue Hardship in Accommodating Religious Garb in Police Uniforms: Webb v. City of Philadelphia Introduction In the case of Kimberlie D. Webb v. City of Philadelphia, Webb, a Muslim police officer...

Corroboration Standards for Asylum Claims and Procedural Distinctions in Removal Proceedings: Sandie v. Attorney General

Date: Apr 4, 2009

Corroboration Standards for Asylum Claims and Procedural Distinctions in Removal Proceedings: Sandie v. Attorney General Introduction The case of Emmanuel Tango Sandie v. Attorney General of the...

First Amendment Retaliation Claims for Public Employees: Official Duties Context – GORUM v. SESSOMS

Date: Mar 28, 2009

First Amendment Retaliation Claims for Public Employees: Official Duties Context – GORUM v. SESSOMS Introduction GORUM v. SESSOMS (561 F.3d 179, 3rd Cir. 2009) is a pivotal case addressing the...

Kaufman v. Allstate NJ Insurance Company: Defining Significant Basis in CAFA Jurisdiction

Date: Mar 27, 2009

Kaufman v. Allstate NJ Insurance Company: Defining Significant Basis in CAFA Jurisdiction Introduction Kaufman; Freeland; Burrus; Stoilo v. Rossetti; Brown; Kieffer; Kozusko, 561 F.3d 144 (3d Cir....

Affirmation of Denied Sentence Modification in United States v. Brett Styer

Date: Mar 26, 2009

Affirmation of Denied Sentence Modification in United States v. Brett Styer Introduction In United States of America v. Brett Styer, a/k/a Fly, 573 F.3d 151 (3rd Cir. 2009), the United States Court...

Career Offender Status Overrides Crack Cocaine Sentencing Guideline Amendments: US v. Mateo

Date: Mar 25, 2009

Career Offender Status Overrides Crack Cocaine Sentencing Guideline Amendments: United States v. Jose Ramon Mateo Introduction In the case of United States of America v. Jose Ramon Mateo, 560 F.3d...

Arbitration in Corporate Bylaws: Shareholder Consent Requirements – Kirleis v. Dickie

Date: Mar 25, 2009

Arbitration in Corporate Bylaws: Shareholder Consent Requirements – Kirleis v. Dickie, McCamey Chilcote, P.C. Introduction In Kirleis v. Dickie, McCamey Chilcote, P.C., the United States Court of...

Requiring Independently Actionable Conduct in Tortious Interference Claims: ACUMED LLC v. nia, Inc.

Date: Mar 21, 2009

Requiring Independently Actionable Conduct in Tortious Interference Claims: ACUMED LLC v. nia, Inc. Introduction The case of Acumed LLC, A Delaware Limited Liability Corporation; Surgical Resources...

Equitable Tolling Applied to the Federal Tort Claims Act: Third Circuit Sets New Precedent in Santos v. United States

Date: Mar 12, 2009

Equitable Tolling Applied to the Federal Tort Claims Act: Third Circuit Sets New Precedent in Santos v. United States Introduction Santos v. United States is a landmark decision by the United States...

Voluntariness of Consent and Independent Source Doctrine Upheld in Fourth Amendment Search – U.S. v. Price, Jr.

Date: Mar 4, 2009

Voluntariness of Consent and Independent Source Doctrine Upheld in Fourth Amendment Search – U.S. v. Price, Jr. Introduction In the case of United States v. John Joseph Price, Jr., adjudicated by the...

Affirmation of Dismissal Due to Lack of Standing: Reinforcing Limits on Generalized Grievances

Date: Feb 27, 2009

Affirmation of Dismissal Due to Lack of Standing: Reinforcing Limits on Generalized Grievances Introduction In the pivotal case of Common Cause of Pennsylvania; The League of Women Voters of...

Asylum Eligibility Limited to Individually Persecuted Persons under 8 U.S.C. § 1101(a)(42)

Date: Feb 20, 2009

Asylum Eligibility Limited to Individually Persecuted Persons under 8 U.S.C. § 1101(a)(42) Introduction The case of Guang Lin-Zheng v. Attorney General of the United States (557 F.3d 147) adjudicated...

Mootness in Habeas Corpus Petitions: Lessons from Burkey v. Marberry

Date: Feb 19, 2009

Mootness in Habeas Corpus Petitions: Lessons from Burkey v. Marberry Introduction In the case of John Burkey v. Helen J. Marberry, Warden FCI McKean, the United States Court of Appeals for the Third...

Changed Personal Circumstances Insufficient for Asylum Reopening: Analysis of Liu v. Attorney General

Date: Feb 5, 2009

Changed Personal Circumstances Insufficient for Asylum Reopening: Analysis of Liu v. Attorney General Introduction Liu v. Attorney General of the United States (555 F.3d 145, 3rd Cir. 2009) serves as...

Toll Brothers v. Township of Readington: Establishing Standing for Option Holders in Zoning Disputes

Date: Feb 5, 2009

Toll Brothers v. Township of Readington: Establishing Standing for Option Holders in Zoning Disputes Introduction Toll Bros., Inc. v. Township of Readington is a pivotal case decided by the United...

Effective Assistance and Relation Back in 28 U.S.C. § 2255 Motions: The Third Circuit's Decision in Ir v. ne HODGE, Jr.

Date: Feb 4, 2009

Effective Assistance and Relation Back in 28 U.S.C. § 2255 Motions: The Third Circuit's Decision in Ir v. ne HODGE, Jr. Introduction The case of Ir v. ne HODGE, Jr. (554 F.3d 372) adjudicated by the...

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