3d Circuit Case Commentaries

Excusable Neglect Doctrine Affirmed in Orthopedic Bone Screw Products Liability Litigation

Date: Apr 17, 2001

Excusable Neglect Doctrine Affirmed in Orthopedic Bone Screw Products Liability Litigation Introduction In the landmark case of IN RE ORTHOPEDIC BONE SCREW PRODUCTS Liability Litigation, Alexander...

Broadening of RICO Conspiracy Liability: Insights from Smith v. Berg and the Impact of Salinas and Beck

Date: Apr 14, 2001

Broadening of RICO Conspiracy Liability: Insights from Smith v. Berg and the Impact of Salinas and Beck Introduction Smith et al. v. Berg et al., 247 F.3d 532 (3d Cir. 2001), presents a pivotal...

Establishing the Limits of Lender Liability Under the WARN Act: Insights from Pearson v. Component Technology Corporation

Date: Apr 14, 2001

Establishing the Limits of Lender Liability Under the WARN Act: Insights from Pearson v. Component Technology Corporation Introduction In Pearson v. Component Technology Corporation, 247 F.3d 471 (3d...

Interpreting Contractual Ambiguity and Fiduciary Burden-Shifting in Joint Ventures: Analysis of Bohler-Uddeholm America, Inc. v. Ellwood Group, Inc.

Date: Apr 12, 2001

Interpreting Contractual Ambiguity and Fiduciary Burden-Shifting in Joint Ventures: Analysis of Bohler-Uddeholm America, Inc. v. Ellwood Group, Inc. Introduction Bohler-Uddeholm America, Inc. v....

Fargnoli v. Massanari: Enhanced Standards for Evaluating Disability Claims

Date: Apr 12, 2001

Fargnoli v. Massanari: Enhanced Standards for Evaluating Disability Claims Introduction The case of Tommaso Fargnoli v. Larry G. Massanari, adjudicated by the United States Court of Appeals for the...

Enforcement of Forum Selection Clauses and Mootness of Derivative Actions: An Analysis of Salovaara v. Jackson National Life Insurance Company and Lazard Freres Co.

Date: Apr 6, 2001

Enforcement of Forum Selection Clauses and Mootness of Derivative Actions: An Analysis of Salovaara v. Jackson National Life Insurance Company and Lazard Freres Co. Introduction In the landmark case...

Substantial Probable Cause and Good Faith Reliance Established in UNITED STATES v. Alex HODGE

Date: Apr 6, 2001

Substantial Probable Cause and Good Faith Reliance Established in UNITED STATES v. Alex HODGE Introduction The case of UNITED STATES of America, Appellant, v. Alex HODGE, 246 F.3d 301 (3d Cir. 2001),...

Inference of Weapon Possession from Threats in Armed Bank Robbery Convictions: United States v. Wolfe

Date: Mar 30, 2001

Inference of Weapon Possession from Threats in Armed Bank Robbery Convictions: United States v. Wolfe Introduction In the landmark case United States of America v. Richard Allen Wolfe, 245 F.3d 257...

ERISA Preemption in Benefit Approval: Insights from Pryzbowski v. U.S. Healthcare

Date: Mar 28, 2001

ERISA Preemption in Benefit Approval: Insights from Pryzbowski v. U.S. Healthcare Introduction The case of Linda Pryzbowski v. U.S. Healthcare, Inc. et al. serves as a pivotal judicial decision...

Strict Thresholds for Judicial Estoppel in ERISA Claims Established by Third Circuit

Date: Mar 23, 2001

Strict Thresholds for Judicial Estoppel in ERISA Claims Established by Third Circuit Introduction In the landmark case MONTROSE MEDICAL GROUP PARTICIPATING SAVINGS PLAN; Montrose General Hospital,...

Standing in Challenging Attorneys' Fees in Class Actions: Insights from In re Cendant Corporation Prides Litigation

Date: Mar 22, 2001

Standing in Challenging Attorneys' Fees in Class Actions: Insights from In re Cendant Corporation Prides Litigation Introduction The case of In re Cendant Corporation Prides Litigation, decided by...

Informed Medical Judgment in Disability Onset: Walton v. Commissioner of Social Security

Date: Mar 21, 2001

Informed Medical Judgment in Disability Onset: Walton v. Commissioner of Social Security Introduction The case of Geoffrey Walton v. William A. Halter, Acting Commissioner of Social Security,...

§36(b) of the Investment Company Act of 1940 Does Not Preempt State Breach of Fiduciary Duty Claims: Green v. Fund Asset Management

Date: Mar 17, 2001

§36(b) of the Investment Company Act of 1940 Does Not Preempt State Breach of Fiduciary Duty Claims: Green v. Fund Asset Management Introduction In Green v. Fund Asset Management, 245 F.3d 214 (3rd...

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3d Circuit Case Commentaries

Excusable Neglect Doctrine Affirmed in Orthopedic Bone Screw Products Liability Litigation

Broadening of RICO Conspiracy Liability: Insights from Smith v. Berg and the Impact of Salinas and Beck

Establishing the Limits of Lender Liability Under the WARN Act: Insights from Pearson v. Component Technology Corporation

Interpreting Contractual Ambiguity and Fiduciary Burden-Shifting in Joint Ventures: Analysis of Bohler-Uddeholm America, Inc. v. Ellwood Group, Inc.

Fargnoli v. Massanari: Enhanced Standards for Evaluating Disability Claims

Enforcement of Forum Selection Clauses and Mootness of Derivative Actions: An Analysis of Salovaara v. Jackson National Life Insurance Company and Lazard Freres Co.

Substantial Probable Cause and Good Faith Reliance Established in UNITED STATES v. Alex HODGE

Inference of Weapon Possession from Threats in Armed Bank Robbery Convictions: United States v. Wolfe

ERISA Preemption in Benefit Approval: Insights from Pryzbowski v. U.S. Healthcare

Strict Thresholds for Judicial Estoppel in ERISA Claims Established by Third Circuit

Standing in Challenging Attorneys' Fees in Class Actions: Insights from In re Cendant Corporation Prides Litigation

Informed Medical Judgment in Disability Onset: Walton v. Commissioner of Social Security

§36(b) of the Investment Company Act of 1940 Does Not Preempt State Breach of Fiduciary Duty Claims: Green v. Fund Asset Management

Jurisdictional Boundaries in Habeas Corpus Relief Post-Bailey: Analysis of In re Austen O. Nwanze

Clarifying the Right of First Refusal: Insights from Cristen M. Gleason v. Norwest Mortgage, Inc.

Interpreting the 'Firm Resettlement' Bar: The Abdille v. Ashcroft Decision

Class Certification Standards under Federal Rule 23: The LifeUSA Holding Inc. Precedent

Third Circuit Limits Noerr-Pennington Immunity in Racial Conspiracy Claims: Barnes Foundation v. Lower Merion Township

Individualized Assessment in ADA's Direct Threat Exception: Insights from Doe v. County of Centre

Judicial Immunity Affirmed for Court-Appointed Custody Evaluators in Hughes v. Long and McHugh