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Appellate Practice

Jul. 24, 2006

3rd Circuit Splits From Other Courts on Fair Opportunity Doctrine

Focus Column - Cases implicating federal conflicts of authority in May 2006 centered around two distinct and unrelated themes: federal pre-emption in cases addressing health issues, and 3rd U.S. Circuit Court of Appeals departures from holdings of the vast majority of other circuits.

Focus Column

By Laura W. Brill, Alana B.Hoffman, Christopher M. Newman, Ted Sichelman and Jon P. Steinsapir



Cases implicating federal conflicts of authority in May 2006 centered around two distinct and unrelated themes: federal pre-emption in cases addressing health issues, and 3rd U.S. Circuit Court of Appeals departures from holdings of the vast majority of other circuits. The 10th Circuit also made rulings in two important decision...

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