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  • Commentaries
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3d Circuit Case Commentaries

Defining Non-Statutory Insider Status for Preferential Transfers in Bankruptcy: Insights from In re WINSTAR Communications, Inc. v. Lucent Technologies

Defining Non-Statutory Insider Status for Preferential Transfers in Bankruptcy: Insights from In re WINSTAR Communications, Inc. v. Lucent Technologies

Date: Feb 4, 2009
Defining Non-Statutory Insider Status for Preferential Transfers in Bankruptcy: Insights from In re WINSTAR Communications, Inc. v. Lucent Technologies Introduction The case of In re WINSTAR...
Affirmation of ADA Disability Discrimination Verdict in Eshelman v. Agere Systems

Affirmation of ADA Disability Discrimination Verdict in Eshelman v. Agere Systems

Date: Jan 31, 2009
Affirmation of ADA Disability Discrimination Verdict in Eshelman v. Agere Systems Introduction Eshelman v. Agere Systems, Inc. is a significant case adjudicated by the United States Court of Appeals...
Implied Private Right of Action Under 42 U.S.C. §1981 Against State Actors: Third Circuit Upholds Congressional Remedy Exclusivity

Implied Private Right of Action Under 42 U.S.C. §1981 Against State Actors: Third Circuit Upholds Congressional Remedy Exclusivity

Date: Jan 29, 2009
Implied Private Right of Action Under 42 U.S.C. §1981 Against State Actors: Third Circuit Upholds Congressional Remedy Exclusivity Introduction The case of Paul McGovern v. City of Philadelphia...
Interpleader Protections Expanded: Prudential Insurance Co. of America v. Hovis Establishes Comprehensive Shield from Liability

Interpleader Protections Expanded: Prudential Insurance Co. of America v. Hovis Establishes Comprehensive Shield from Liability

Date: Jan 28, 2009
Interpleader Protections Expanded: Prudential Insurance Co. of America v. Hovis Establishes Comprehensive Shield from Liability Introduction Prudential Insurance Company of America v. Robert L. Hovis...
Summary Dismissal of Civil Rights Claims in Prison Retaliation Case: Royster v. Beard

Summary Dismissal of Civil Rights Claims in Prison Retaliation Case: Royster v. Beard

Date: Jan 23, 2009
Summary Dismissal of Civil Rights Claims in Prison Retaliation Case: Royster v. Beard Introduction Case Background: Telly Royster, a Pennsylvania state prisoner, filed a civil rights lawsuit under 42...
Strengthening Compliance: Third Circuit’s Reversal in Kosenske v. Carlisle HMA

Strengthening Compliance: Third Circuit’s Reversal in Kosenske v. Carlisle HMA

Date: Jan 22, 2009
Strengthening Compliance: Third Circuit’s Reversal in Kosenske v. Carlisle HMA Introduction In the landmark case of United States ex rel. Ted D. Kosenske, M.D. v. Carlisle HMA, Inc.; Health...
Affirmation of Disability Benefits Denial Based on Residual Functional Capacity in Malloy v. Commissioner of Social Security

Affirmation of Disability Benefits Denial Based on Residual Functional Capacity in Malloy v. Commissioner of Social Security

Date: Jan 14, 2009
Affirmation of Disability Benefits Denial Based on Residual Functional Capacity in Malloy v. Commissioner of Social Security Introduction Aurelia B. Malloy, the appellant, contested the denial of her...
Third Circuit Establishes Waiver of Eleventh Amendment Immunity for State Judicial District Receiving Federal Funds Under the Rehabilitation Act

Third Circuit Establishes Waiver of Eleventh Amendment Immunity for State Judicial District Receiving Federal Funds Under the Rehabilitation Act

Date: Jan 1, 2009
Third Circuit Establishes Waiver of Eleventh Amendment Immunity for State Judicial District Receiving Federal Funds Under the Rehabilitation Act Introduction The case of Debra Haybarger v. Lawrence...
Clarifying Rule 23 Class Certification Standards in Antitrust Conspiracy Cases: IN RE HYDROGEN PEROXIDE ANTITRUST LITIGATION

Clarifying Rule 23 Class Certification Standards in Antitrust Conspiracy Cases: IN RE HYDROGEN PEROXIDE ANTITRUST LITIGATION

Date: Dec 31, 2008
Clarifying Rule 23 Class Certification Standards in Antitrust Conspiracy Cases: IN RE HYDROGEN PEROXIDE ANTITRUST LITIGATION Introduction The In re: Hydrogen Peroxide Antitrust Litigation case,...
Assumption of Risk and Procedural Barriers in Personal Injury Litigation: A Comprehensive Analysis of Bjorgung v. Whitetail Resort

Assumption of Risk and Procedural Barriers in Personal Injury Litigation: A Comprehensive Analysis of Bjorgung v. Whitetail Resort

Date: Dec 17, 2008
Assumption of Risk and Procedural Barriers in Personal Injury Litigation: A Comprehensive Analysis of Bjorgung v. Whitetail Resort Introduction In the appellate case Anders Ellis Bjorgung v....
Use of Executive Names in Debt Collection Communications Not a Violation of FDCPA

Use of Executive Names in Debt Collection Communications Not a Violation of FDCPA

Date: Dec 17, 2008
Use of Executive Names in Debt Collection Communications Not a Violation of FDCPA Introduction The case of Lisa Y. Campuzano-Burgos, Charmaine T. Angus, and Tiaisha C. Hall v. Midland Credit...
Enforceability of Appellate Waivers in Plea Agreements: Insights from United States v. Corso, III

Enforceability of Appellate Waivers in Plea Agreements: Insights from United States v. Corso, III

Date: Dec 16, 2008
Enforceability of Appellate Waivers in Plea Agreements: Insights from United States v. Corso, III Introduction In United States of America v. John D. Corso, III, 549 F.3d 921 (3d Cir. 2008), the...
United States v. John Douglas Grape: Establishing Robust Standards for Involuntary Medication to Restore Competency

United States v. John Douglas Grape: Establishing Robust Standards for Involuntary Medication to Restore Competency

Date: Dec 12, 2008
United States v. John Douglas Grape: Establishing Robust Standards for Involuntary Medication to Restore Competency Introduction The case United States of America v. John Douglas Grape (549 F.3d 591)...
Reversal of SSI Denial Based on Improper Evaluation of Treating Physician's Testimony

Reversal of SSI Denial Based on Improper Evaluation of Treating Physician's Testimony

Date: Dec 10, 2008
Reversal of SSI Denial Based on Improper Evaluation of Treating Physician's Testimony Introduction The case of Kathy J. Brownawell v. Commissioner of Social Security (554 F.3d 352) presents a...
Protected Property Interest in Employment Suspension: Dee v. Borough of Dunmore

Protected Property Interest in Employment Suspension: Dee v. Borough of Dunmore

Date: Dec 5, 2008
Protected Property Interest in Employment Suspension: Dee v. Borough of Dunmore Introduction The case of Robert K. Dee, Jr. v. Borough of Dunmore centers on the suspension of Robert Dee, Jr., a...
Comprehensive Analysis of Zheng and Chen v. Attorney General of the United States: Enhanced Scrutiny on BIA's Evaluation of Changed Country Conditions in Asylum Reopen Motions

Comprehensive Analysis of Zheng and Chen v. Attorney General of the United States: Enhanced Scrutiny on BIA's Evaluation of Changed Country Conditions in Asylum Reopen Motions

Date: Nov 27, 2008
Comprehensive Analysis of Zheng and Chen v. Attorney General of the United States: Enhanced Scrutiny on BIA's Evaluation of Changed Country Conditions in Asylum Reopen Motions Introduction In the...
Third Circuit Clarifies Issue Preclusion in Wrongful Discharge Claims: Gonzalez v. American Airlines

Third Circuit Clarifies Issue Preclusion in Wrongful Discharge Claims: Gonzalez v. American Airlines

Date: Nov 26, 2008
Third Circuit Clarifies Issue Preclusion in Wrongful Discharge Claims: Gonzalez v. American Airlines Introduction The case of Joel Gonzalez v. AMR, American Airlines; Executive Airlines, Inc. (549...
Affirmation of Summary Judgment in Title VII Discrimination Case: McDonnell Douglas Framework Reinforced

Affirmation of Summary Judgment in Title VII Discrimination Case: McDonnell Douglas Framework Reinforced

Date: Nov 15, 2008
Affirmation of Summary Judgment in Title VII Discrimination Case: McDonnell Douglas Framework Reinforced Introduction The case of Krishnaswamy Sampath v. Concurrent Technologies Corporation serves as...
Equitable Tolling in Federal Habeas Corpus Petitions: The Urcinoli Decision

Equitable Tolling in Federal Habeas Corpus Petitions: The Urcinoli Decision

Date: Nov 8, 2008
Equitable Tolling in Federal Habeas Corpus Petitions: The Urcinoli Decision Introduction The case of Louis P. Urcinoli v. Ronald H. Cathel, Superintendent; Attorney General of the State of New...
Tolerances for Accuracy as a General Defense under the Truth in Lending Act: Insights from In re Gayle L. Sterten

Tolerances for Accuracy as a General Defense under the Truth in Lending Act: Insights from In re Gayle L. Sterten

Date: Nov 5, 2008
Tolerances for Accuracy as a General Defense under the Truth in Lending Act: Insights from In re Gayle L. Sterten Introduction The case In re Gayle L. Sterten, Debtor, adjudicated by the United...
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