3d Circuit Case Commentaries

Sioe Tjen Wong v. Attorney General: Defining the Threshold for Pattern or Practice in Asylum Claims

Date: Aug 21, 2008

Sioe Tjen Wong v. Attorney General: Defining the Threshold for Pattern or Practice in Asylum Claims Introduction Case Citation: Sioe Tjen Wong, Petitioner v. Attorney General of the United States,...

Ineffective Assistance of Counsel in Capital Sentencing: Third Circuit Decision in Bond v. Commonwealth

Date: Aug 21, 2008

Ineffective Assistance of Counsel in Capital Sentencing: Third Circuit Decision in Bond v. Commonwealth Introduction Bond v. Commonwealth is a significant judicial decision rendered by the United...

Deceptive Implications in Debt Collection: Unifund Corp. v. Rosenau

Date: Aug 21, 2008

Deceptive Implications in Debt Collection: Unifund Corp. v. Rosenau Introduction The case of Richard ROSENAU v. UNIFUND CORPORATION addresses critical issues under the Fair Debt Collection Practices...

3rd Circuit Establishes "Completion of Alterations" as Accrual Date for ADA §12147(a) Claims

Date: Aug 20, 2008

3rd Circuit Establishes "Completion of Alterations" as Accrual Date for ADA §12147(a) Claims Introduction In Disabled in Action of Pennsylvania v. Southeastern Pennsylvania Transportation Authority,...

Limits of Federal Preemption: Third Circuit Upholds State Tort Claims in the Absence of Binding FDA Regulation

Date: Aug 20, 2008

Limits of Federal Preemption: Third Circuit Upholds State Tort Claims in the Absence of Binding FDA Regulation 1. Introduction The case of Deborah Fellner v. Tri-Union Seafoods, L.L.C. explores the...

Protecting Government Personnel Privacy: Insights from Berger v. IRS

Date: Aug 12, 2008

Protecting Government Personnel Privacy: Insights from Berger v. IRS Introduction In the appellate case Lawrence S. Berger; Realty Research Corporation v. Internal Revenue Service; Department of the...

Objective Qualifications Bar Prima Facie Mixed-Motive Title VII Claims: Third Circuit Ruling

Date: Aug 8, 2008

Objective Qualifications Bar Prima Facie Mixed-Motive Title VII Claims: Third Circuit Ruling Introduction The case of Dr. Wagih H. Makky v. Michael Chertoff, Secretary of the Department of Homeland...

Ensuring Fair Opportunity in Dismissals: Insights from Orland Briscoe v. Kenneth Klaus et al.

Date: Aug 7, 2008

Ensuring Fair Opportunity in Dismissals: Insights from Orland Briscoe v. Kenneth Klaus et al. Introduction The case of Orland Briscoe v. Kenneth Klaus et al., adjudicated by the United States Court...

HUBBARD v. TAYLOR: Establishing Due Process Standards for Pretrial Detainees in Overcrowded Facilities

Date: Aug 6, 2008

HUBBARD v. TAYLOR: Establishing Due Process Standards for Pretrial Detainees in Overcrowded Facilities Introduction Case Overview HUBBARD v. TAYLOR, 538 F.3d 229 (3d Cir. 2008), is a pivotal...

Requirement of Justifiable Reliance Under Pennsylvania's Consumer Protection Law: Analysis of Gregory Hunt v. Dually et al.

Date: Aug 6, 2008

Requirement of Justifiable Reliance Under Pennsylvania's Consumer Protection Law: Analysis of Gregory Hunt v. Dually et al. (538 F.3d 217) Introduction In the landmark case of Gregory Hunt, indi v....

Appellate Waiver of Suppression Motions under Federal Rule of Criminal Procedure 12: Affirmation in United States v. Larken Rose

Date: Aug 6, 2008

Appellate Waiver of Suppression Motions under Federal Rule of Criminal Procedure 12: Affirmation in United States v. Larken Rose Introduction In the landmark case of United States v. Larken Rose, 538...

Kor v. ODD: Third Circuit Restricts Absolute Prosecutorial Immunity in Material Witness Custody Failures

Date: Aug 5, 2008

Kor v. ODD: Third Circuit Restricts Absolute Prosecutorial Immunity in Material Witness Custody Failures Introduction Korvel Odd v. Thomas Malone and Nicole Schneyder v. Gina Smith are landmark cases...

Clarifying 'Franchise Relationship' under the Petroleum Marketing Practices Act: Insights from KEHM Oil Co. v. Texaco, Inc.

Date: Aug 1, 2008

Clarifying 'Franchise Relationship' under the Petroleum Marketing Practices Act: Insights from KEHM Oil Co. v. Texaco, Inc. Introduction In the landmark case KEHM Oil Company; Golden Oil Company,...

Third Circuit Establishes Broader Bankruptcy Jurisdiction Over Fraud Claims and Restricts Preclusive Effect of Stay Relief Orders

Date: Aug 1, 2008

Third Circuit Establishes Broader Bankruptcy Jurisdiction Over Fraud Claims and Restricts Preclusive Effect of Stay Relief Orders Introduction The case In re Richard John Mullarkey, Debtor Richard...

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3d Circuit Case Commentaries

Sioe Tjen Wong v. Attorney General: Defining the Threshold for Pattern or Practice in Asylum Claims

Ineffective Assistance of Counsel in Capital Sentencing: Third Circuit Decision in Bond v. Commonwealth

Deceptive Implications in Debt Collection: Unifund Corp. v. Rosenau

3rd Circuit Establishes "Completion of Alterations" as Accrual Date for ADA §12147(a) Claims

Limits of Federal Preemption: Third Circuit Upholds State Tort Claims in the Absence of Binding FDA Regulation

Protecting Government Personnel Privacy: Insights from Berger v. IRS

Objective Qualifications Bar Prima Facie Mixed-Motive Title VII Claims: Third Circuit Ruling

Ensuring Fair Opportunity in Dismissals: Insights from Orland Briscoe v. Kenneth Klaus et al.

HUBBARD v. TAYLOR: Establishing Due Process Standards for Pretrial Detainees in Overcrowded Facilities

Requirement of Justifiable Reliance Under Pennsylvania's Consumer Protection Law: Analysis of Gregory Hunt v. Dually et al.

Appellate Waiver of Suppression Motions under Federal Rule of Criminal Procedure 12: Affirmation in United States v. Larken Rose

Kor v. ODD: Third Circuit Restricts Absolute Prosecutorial Immunity in Material Witness Custody Failures

Clarifying 'Franchise Relationship' under the Petroleum Marketing Practices Act: Insights from KEHM Oil Co. v. Texaco, Inc.

Third Circuit Establishes Broader Bankruptcy Jurisdiction Over Fraud Claims and Restricts Preclusive Effect of Stay Relief Orders

Balancing Correctional Security and Prisoners' Constitutional Rights: Insights from Monroe v. Beard

Establishing Judicial Boundaries: Vacating Foreign Default Judgments under Federal Rule 60(b)

Enforceability of Waivers in Plea Agreements: Analysis of United States v. James Mabry

Standard for Evaluating Ineffective Assistance of Counsel in Waiver of Jury Trial: United States v. Clayton Lilly

Admissibility of Prior Inconsistent Statements and Sentencing in Drug Conspiracy: United States v. Iglesias

Enhanced Standards for Reasonable Suspicion in Traffic Stops: United States v. Torres