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  • Commentaries
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3d Circuit Case Commentaries

Enforcement and Scope of Appellate Waivers in Plea Agreements: United States v. Goodson, III

Enforcement and Scope of Appellate Waivers in Plea Agreements: United States v. Goodson, III

Date: Oct 17, 2008
Enforcement and Scope of Appellate Waivers in Plea Agreements: United States v. Goodson, III Introduction United States v. Daniel J. Goodson, III (544 F.3d 529, 2008) is a pivotal decision by the...
Affirmation of SEC's Exemptions Under Section 16(b): Insights from Levy v. Sterling Holdings

Affirmation of SEC's Exemptions Under Section 16(b): Insights from Levy v. Sterling Holdings

Date: Oct 2, 2008
Affirmation of SEC's Exemptions Under Section 16(b): Insights from Levy v. Sterling Holdings Introduction The case of Levy v. Sterling Holding Company, LLC; National Semiconductor Corporation;...
Miller v. Clinton County: Enhanced Standards for Public Employee Speech and Due Process

Miller v. Clinton County: Enhanced Standards for Public Employee Speech and Due Process

Date: Oct 2, 2008
Miller v. Clinton County: Enhanced Standards for Public Employee Speech and Due Process Introduction In the case of Rita Miller v. Clinton County, the United States Court of Appeals for the Third...
Third Circuit Establishes Strict Standards for Mandatory Minimum Disclosure in Guilty Pleas

Third Circuit Establishes Strict Standards for Mandatory Minimum Disclosure in Guilty Pleas

Date: Oct 1, 2008
Third Circuit Establishes Strict Standards for Mandatory Minimum Disclosure in Guilty Pleas Introduction In Philmingo Jamison v. Edward Klem, the United States Court of Appeals for the Third Circuit...
Strengthening the Burden of Proof in Social Security Disability Claims: Insights from McDonald v. Astrue

Strengthening the Burden of Proof in Social Security Disability Claims: Insights from McDonald v. Astrue

Date: Sep 27, 2008
Strengthening the Burden of Proof in Social Security Disability Claims: Insights from McDonald v. Astrue Introduction In the appellate case Marcus McDonald v. Michael J. Astrue, Commissioner of...
Establishing Due Process Protections for Inmate Institutional Accounts: A Commentary on Burns v. PA Dept. of Corrections

Establishing Due Process Protections for Inmate Institutional Accounts: A Commentary on Burns v. PA Dept. of Corrections

Date: Sep 20, 2008
Establishing Due Process Protections for Inmate Institutional Accounts: A Commentary on Burns v. PA Dept. of Corrections Introduction Burns v. PA Department of Corrections is a landmark decision...
Exide Technologies Bankruptcy Jurisdiction Reimagined: A Comprehensive Analysis

Exide Technologies Bankruptcy Jurisdiction Reimagined: A Comprehensive Analysis

Date: Sep 20, 2008
Exide Technologies Bankruptcy Jurisdiction Reimagined: A Comprehensive Analysis Introduction In re EXIDE TECHNOLOGIES, Reorganized, Debtor Pacific Dunlop Holdings (USA) Inc.; Pacific Dunlop Holdings...
Enforcing Adequate Justification in Sentencing Guideline Variances: Insights from United States v. Levinson

Enforcing Adequate Justification in Sentencing Guideline Variances: Insights from United States v. Levinson

Date: Sep 19, 2008
Enforcing Adequate Justification in Sentencing Guideline Variances: Insights from United States v. Levinson Introduction United States of America v. Adam Levinson, 543 F.3d 190 (3rd Cir. 2008), is a...
Decertification of Class Action in Robinson-Patman Act Violation: Danvers Motor Co. v. Ford Motor Company

Decertification of Class Action in Robinson-Patman Act Violation: Danvers Motor Co. v. Ford Motor Company

Date: Sep 13, 2008
Decertification of Class Action in Robinson-Patman Act Violation: Danvers Motor Co. v. Ford Motor Company Introduction The case of Danvers Motor Co., Inc. et al. v. Ford Motor Company addresses...
Administrative Exhaustion and Court Jurisdiction in Immigration Appeals: Lessons from Bin Lin v. Attorney General

Administrative Exhaustion and Court Jurisdiction in Immigration Appeals: Lessons from Bin Lin v. Attorney General

Date: Sep 12, 2008
Administrative Exhaustion and Court Jurisdiction in Immigration Appeals: Lessons from Bin Lin v. Attorney General Introduction Bin Lin v. Attorney General of the United States, 543 F.3d 114 (3d Cir....
Third Circuit Affirms DPPA Protections Against Unions Using Motor Vehicle Data for Labor Organizing, Reaffirms Jury Rights for Punitive Damages

Third Circuit Affirms DPPA Protections Against Unions Using Motor Vehicle Data for Labor Organizing, Reaffirms Jury Rights for Punitive Damages

Date: Sep 10, 2008
Third Circuit Affirms DPPA Protections Against Unions Using Motor Vehicle Data for Labor Organizing, Reaffirms Jury Rights for Punitive Damages Introduction The case of Elizabeth Pichler et al. v....
FICA Tax Preemption of State Law Claims: Umland v. PlanCo Financial Services

FICA Tax Preemption of State Law Claims: Umland v. PlanCo Financial Services

Date: Sep 10, 2008
FICA Tax Preemption of State Law Claims: Umland v. PlanCo Financial Services Introduction Umland v. PlanCo Financial Services, Inc., 542 F.3d 59 (3d Cir. 2008), is a pivotal case in understanding the...
Defining Reasonable Suspicion in Immigration Enforcement: Comprehensive Analysis of US v. Silveus

Defining Reasonable Suspicion in Immigration Enforcement: Comprehensive Analysis of US v. Silveus

Date: Sep 10, 2008
Defining Reasonable Suspicion in Immigration Enforcement: Comprehensive Analysis of United States v. Silveus Introduction United States v. Rozaline Silveus is a pivotal case adjudicated by the United...
Auditor Negligence and Deepening Insolvency: Comprehensive Analysis of Thabault v. PriceWaterhouseCoopers

Auditor Negligence and Deepening Insolvency: Comprehensive Analysis of Thabault v. PriceWaterhouseCoopers

Date: Sep 10, 2008
Auditor Negligence and Deepening Insolvency: Comprehensive Analysis of Thabault v. PriceWaterhouseCoopers Introduction The case of Paulette J. Thabault, as Receiver of Ambassador Insurance Company v....
Third Circuit Upholds Condemnation Without Predeprivation Hearing in Exigent Circumstances

Third Circuit Upholds Condemnation Without Predeprivation Hearing in Exigent Circumstances

Date: Sep 10, 2008
Third Circuit Upholds Condemnation Without Predeprivation Hearing in Exigent Circumstances Introduction In the landmark case of Elsmere Park Club, L.P. v. Town of Elsmere, decided by the United...
Application of 28 U.S.C. § 1927 Sanctions in Bankruptcy Court Proceedings

Application of 28 U.S.C. § 1927 Sanctions in Bankruptcy Court Proceedings

Date: Sep 10, 2008
Application of 28 U.S.C. § 1927 Sanctions in Bankruptcy Court Proceedings Introduction The case In re SCHAEFER SALT RECOVERY, INC., Debtor. Carol Segal, Appellant. (542 F.3d 90), adjudicated by the...
Facenda Estate v. NFL Films: Establishing Modified Lapp Factors for False Endorsement Claims under the Lanham Act

Facenda Estate v. NFL Films: Establishing Modified Lapp Factors for False Endorsement Claims under the Lanham Act

Date: Sep 10, 2008
Facenda Estate v. NFL Films: Establishing Modified Lapp Factors for False Endorsement Claims under the Lanham Act Introduction In the case of John Facenda, Jr., Executor of The Estate of John Facenda...
Enforceability of Arbitration Clauses Despite Language Barriers: Analysis of Juan Morales v. Sun Constructors, Inc.

Enforceability of Arbitration Clauses Despite Language Barriers: Analysis of Juan Morales v. Sun Constructors, Inc.

Date: Aug 29, 2008
Enforceability of Arbitration Clauses Despite Language Barriers: Analysis of Juan Morales v. Sun Constructors, Inc. Introduction The case of Juan Morales v. Sun Constructors, Inc. addresses the...
Affirming Statelessness of Dual-Citizen Partners Precludes Federal Diversity Jurisdiction: Swiger v. Allegheny Energy, Inc.

Affirming Statelessness of Dual-Citizen Partners Precludes Federal Diversity Jurisdiction: Swiger v. Allegheny Energy, Inc.

Date: Aug 26, 2008
Affirming Statelessness of Dual-Citizen Partners Precludes Federal Diversity Jurisdiction: Swiger v. Allegheny Energy, Inc. Introduction Swiger v. Allegheny Energy, Inc. is a pivotal case decided by...
State Sovereign Immunity: Differentiating Immunity from Suit and Liability

State Sovereign Immunity: Differentiating Immunity from Suit and Liability

Date: Aug 26, 2008
State Sovereign Immunity: Differentiating Immunity from Suit and Liability Introduction The case of Michael A. Lombardo v. Commonwealth of Pennsylvania, Department of Public Welfare (540 F.3d 190)...
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