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  • Commentaries
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3d Circuit Case Commentaries

Third Circuit Upholds Strict Exhaustion Requirement under PLRA §1997e(a) Without Futility Exception

Third Circuit Upholds Strict Exhaustion Requirement under PLRA §1997e(a) Without Futility Exception

Date: Feb 16, 2000
Third Circuit Upholds Strict Exhaustion Requirement under PLRA §1997e(a) Without Futility Exception Introduction In the landmark case Douglas Nyhuis v. Janet Reno et al., the United States Court of...
Establishing Deceptive Trade Names under Lanham Act §43(a): Warner-Lambert Co. v. BreathAsure, Inc.

Establishing Deceptive Trade Names under Lanham Act §43(a): Warner-Lambert Co. v. BreathAsure, Inc.

Date: Feb 9, 2000
Establishing Deceptive Trade Names under Lanham Act §43(a): Warner-Lambert Co. v. BreathAsure, Inc. Introduction Warner-Lambert Company, a prominent manufacturer of various breath freshening products...
Third Circuit Affirms ERISA Fee Award, Restricts Common Fund Attorney’s Fees in Class Action

Third Circuit Affirms ERISA Fee Award, Restricts Common Fund Attorney’s Fees in Class Action

Date: Feb 8, 2000
Third Circuit Affirms ERISA Fee Award, Restricts Common Fund Attorney’s Fees in Class Action Introduction In the case of Jean E. Brytus et al. v. Spang Company et al., the United States Court of...
Affirming Substantial Factor Standard in First Amendment Retaliation Claims: Commentary on Suppan v. Daddona

Affirming Substantial Factor Standard in First Amendment Retaliation Claims: Commentary on Suppan v. Daddona

Date: Feb 5, 2000
Affirming Substantial Factor Standard in First Amendment Retaliation Claims: Commentary on Suppan v. Daddona Introduction In the landmark case of Suppan et al. v. Daddona et al., the United States...
Duty of Insurers to Pay Undisputed Portions of Uninsured Motorist Claims: Keefe v. Prudential

Duty of Insurers to Pay Undisputed Portions of Uninsured Motorist Claims: Keefe v. Prudential

Date: Feb 3, 2000
Duty of Insurers to Pay Undisputed Portions of Uninsured Motorist Claims: Keefe v. Prudential Introduction Cynthia Keefe, the plaintiff, filed a lawsuit against Prudential Property and Casualty...
Establishing Liability Before Seeking Contribution Under CERCLA §113(f): United States v. Compaction Systems Corporation

Establishing Liability Before Seeking Contribution Under CERCLA §113(f): United States v. Compaction Systems Corporation

Date: Feb 2, 2000
Establishing Liability Before Seeking Contribution Under CERCLA §113(f): United States v. Compaction Systems Corporation Introduction The case of United States of America v. Compaction Systems...
Enforcing Non-Debtor Liability: A Critical Analysis of In Re: Continental Airlines Holdings, Inc.

Enforcing Non-Debtor Liability: A Critical Analysis of In Re: Continental Airlines Holdings, Inc.

Date: Feb 2, 2000
Enforcing Non-Debtor Liability: A Critical Analysis of In Re: Continental Airlines Holdings, Inc. Introduction The case of In Re: Continental Airlines and Continental Airlines Holdings, Inc. serves...
Adequacy of Notice in Administrative Forfeiture Proceedings: United States v. McGlory

Adequacy of Notice in Administrative Forfeiture Proceedings: United States v. McGlory

Date: Feb 2, 2000
Adequacy of Notice in Administrative Forfeiture Proceedings: United States v. McGlory Introduction United States of America v. Reginald McGlory, 202 F.3d 664 (3d Cir. 2000), is a pivotal case...
Precedent on Burden-Shifting in ERISA § 510 Claims: DiFederico v. Rolm Company

Precedent on Burden-Shifting in ERISA § 510 Claims: DiFederico v. Rolm Company

Date: Jan 15, 2000
Precedent on Burden-Shifting in ERISA § 510 Claims: DiFederico v. Rolm Company Introduction DiFederico v. Rolm Company is a landmark case adjudicated by the United States Court of Appeals for the...
Third Circuit Clarifies Burden of Proof in Equal Pay Act Claims: Stanziale v. Jargowsky

Third Circuit Clarifies Burden of Proof in Equal Pay Act Claims: Stanziale v. Jargowsky

Date: Jan 11, 2000
Third Circuit Clarifies Burden of Proof in Equal Pay Act Claims: Stanziale v. Jargowsky Introduction In the landmark case of Fulvio Stanziale, Appellant v. Lester Jargowsky, Public Health...
Summary Judgment Standards in Employment Discrimination and Retaliation: Boykins v. Lucent Technologies

Summary Judgment Standards in Employment Discrimination and Retaliation: Boykins v. Lucent Technologies

Date: Jan 11, 2000
Summary Judgment Standards in Employment Discrimination and Retaliation: Boykins v. Lucent Technologies Introduction Theodis Boykins, an employee at Lucent Technologies, Inc., initiated an employment...
Exhaustion of Administrative Remedies Not Required for Section 504 Claims Against Private Recipients: Freed v. Consolidated Rail Corporation

Exhaustion of Administrative Remedies Not Required for Section 504 Claims Against Private Recipients: Freed v. Consolidated Rail Corporation

Date: Jan 11, 2000
Exhaustion of Administrative Remedies Not Required for Section 504 Claims Against Private Recipients: Freed v. Consolidated Rail Corporation Introduction Janice Freed v. Consolidated Rail...
Supplemental Attorney Fees under the Equal Access to Justice Act: A New Precedent from the Third Circuit

Supplemental Attorney Fees under the Equal Access to Justice Act: A New Precedent from the Third Circuit

Date: Jan 8, 2000
Supplemental Attorney Fees under the Equal Access to Justice Act: A New Precedent from the Third Circuit Introduction The case of United States of America v. Eleven Vehicles, decided by the United...
Concurrent Sentencing under U.S.S.G. §5G1.3(c) Affirmed over §3585(b) Double Credit Restrictions

Concurrent Sentencing under U.S.S.G. §5G1.3(c) Affirmed over §3585(b) Double Credit Restrictions

Date: Jan 5, 2000
Concurrent Sentencing under U.S.S.G. §5G1.3(c) Affirmed over §3585(b) Double Credit Restrictions Introduction In the landmark appellate decision Francisco Rios v. Ron Wiley, Warden, FPC-Allenwood,...
Limits of RICO: Breach of Contract and Torts Not Recognized as Predicate Acts

Limits of RICO: Breach of Contract and Torts Not Recognized as Predicate Acts

Date: Dec 31, 1999
Limits of RICO: Breach of Contract and Torts Not Recognized as Predicate Acts Introduction The case of Dominick Annulli and Janet Annulli v. Ananda K. Panikkar et al. (200 F.3d 189, Third Circuit,...
Establishing the 'Good Faith' Requirement for Chapter 11 Bankruptcy Petitions: In re SGL Carbon Corp.

Establishing the 'Good Faith' Requirement for Chapter 11 Bankruptcy Petitions: In re SGL Carbon Corp.

Date: Dec 30, 1999
Establishing the 'Good Faith' Requirement for Chapter 11 Bankruptcy Petitions: In re SGL Carbon Corp. Introduction In re: SGL Carbon Corporation, Debtor Official Committee of Unsecured Creditors,...
Interpretation of 26 U.S.C. §7202: Mandating Both Accounting and Payment of Withheld Taxes Affirmed

Interpretation of 26 U.S.C. §7202: Mandating Both Accounting and Payment of Withheld Taxes Affirmed

Date: Dec 29, 1999
Interpretation of 26 U.S.C. §7202: Mandating Both Accounting and Payment of Withheld Taxes Affirmed Introduction In United States of America v. William H. Thayer, 201 F.3d 214 (3d Cir. 1999), the...
Restitution Limited to Offense of Conviction: Analysis of United States v. Akande

Restitution Limited to Offense of Conviction: Analysis of United States v. Akande

Date: Dec 29, 1999
Restitution Limited to Offense of Conviction: Analysis of United States v. Akande Introduction In the landmark case of United States of America v. Taiwo Adeshola Akande, 200 F.3d 136 (3d Cir. 1999),...
First Amendment Protections for Media in Disclosures of Illegally Intercepted Communications: Bartnicki v. Vopper

First Amendment Protections for Media in Disclosures of Illegally Intercepted Communications: Bartnicki v. Vopper

Date: Dec 28, 1999
First Amendment Protections for Media in Disclosures of Illegally Intercepted Communications: Bartnicki v. Vopper Introduction Gloria Bartnicki and Anthony F. Kane, Jr. were key figures in the...
Constructive Discharge and Disparate Treatment: Insights from Jones v. School District of Philadelphia

Constructive Discharge and Disparate Treatment: Insights from Jones v. School District of Philadelphia

Date: Dec 11, 1999
Constructive Discharge and Disparate Treatment: Insights from Jones v. School District of Philadelphia Introduction The case of Charles S. Jones v. School District of Philadelphia, decided by the...
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