3d Circuit Case Commentaries

Pamintuan v. Nanticoke Memorial Hospital: Upholding HCQIA Immunity and Dismissing Racial Discrimination Claims

Date: Sep 22, 1999

Pamintuan v. Nanticoke Memorial Hospital: Upholding HCQIA Immunity and Dismissing Racial Discrimination Claims Introduction The case of Elvira Pamintuan, M.D. v. Nanticoke Memorial Hospital was...

Complete ERISA Preemption Clarified in Bauman v. U.S. Healthcare, Inc.

Date: Sep 17, 1999

Complete ERISA Preemption Clarified in Bauman v. U.S. Healthcare, Inc. Introduction The case of Bauman v. U.S. Healthcare, Inc. before the United States Court of Appeals for the Third Circuit serves...

Excusable Neglect in Bankruptcy Proceedings: NRG Energy v. Manus Corporation

Date: Sep 14, 1999

Excusable Neglect in Bankruptcy Proceedings: NRG Energy v. Manus Corporation Introduction The case IN RE O'Brien Environmental Energy, Inc., Debtor Manus Corporation v. NRG Energy, Inc. (Third...

Ceverilo Chambers v. United States: Affirming the Non-Mootness of Property Return Motions Under Rule 41(e) After Government Disposal

Date: Sep 14, 1999

Ceverilo Chambers v. United States: Affirming the Non-Mootness of Property Return Motions Under Rule 41(e) After Government Disposal Introduction In the case of United States of America v. Ceverilo...

Third Circuit Establishes Good Faith Exception for Anticipatory Search Warrants in Child Pornography Cases

Date: Sep 9, 1999

Third Circuit Establishes Good Faith Exception for Anticipatory Search Warrants in Child Pornography Cases Introduction United States of America v. Ray Donald Loy (191 F.3d 360) is a pivotal case...

Iadimarco v. Runyon: Establishing Prima Facie in Reverse Discrimination Cases

Date: Sep 9, 1999

Iadimarco v. Runyon: Establishing Prima Facie in Reverse Discrimination Cases Introduction Charles A. Iadimarco v. Marvin T. Runyon, Postmaster General is a pivotal case adjudicated by the United...

Prima Facie Gender Discrimination Under Title VII: Replacement Without Class Requirement

Date: Sep 8, 1999

Prima Facie Gender Discrimination Under Title VII: Replacement Without Class Requirement Introduction In the case of PATRICIA M. PIVIROTTO v. INNOVATIVE SYSTEMS, INC., decided by the United States...

Limits on Contingent Fees and Trustee Liability under Pennsylvania Law Established in Dardovitch v. Haltzman

Date: Sep 8, 1999

Limits on Contingent Fees and Trustee Liability under Pennsylvania Law Established in Dardovitch v. Haltzman Introduction Dardovitch v. Haltzman, Esquire is a landmark case decided by the United...

Third Circuit Establishes New Precedent on Fraudulent Transfers and Upholds Presumption Against Reverse Piercing of Corporate Veil in Bankruptcy Cases

Date: Sep 4, 1999

Third Circuit Establishes New Precedent on Fraudulent Transfers and Upholds Presumption Against Reverse Piercing of Corporate Veil in Bankruptcy Cases Introduction The case of In re: Eric J....

Third Circuit Establishes "Sufficiently Younger" Standard in ADEA RIF Cases

Date: Sep 1, 1999

Third Circuit Establishes "Sufficiently Younger" Standard in ADEA Reduction-in-Force Cases Introduction The case of Donald Showalter v. University of Pittsburgh Medical Center (UPMC) addresses...

Bald Eagle & South Butler County School Districts v. Keystone Financial: RICO Claims Barred by PSLRA

Date: Sep 1, 1999

Bald Eagle & South Butler County School Districts v. Keystone Financial: RICO Claims Barred by PSLRA Introduction The case of Bald Eagle Area School District; South Butler County School District v....

Third Circuit: Potential Witnesses Have Standing under 42 U.S.C. §1985; Attorney-Client Relationships Excluded from Conspiracy

Date: Aug 27, 1999

Third Circuit: Potential Witnesses Have Standing under 42 U.S.C. §1985; Attorney-Client Relationships Excluded from Conspiracy Introduction The case of John J. Heffernan v. Robert W. Hunter, et al....

Enhancing Conspiracy Liability Through Buyer-Seller Relationships and Expert Testimony Limits: Insights from United States v. Gibbs

Date: Aug 27, 1999

Enhancing Conspiracy Liability Through Buyer-Seller Relationships and Expert Testimony Limits: Insights from United States v. Gibbs Introduction The case of United States of America v. Terrence Gibbs...

Third Circuit: Potential Witnesses Have Standing under 42 U.S.C. §1985; Attorney-Client Relationships Excluded from Conspiracy

Date: Aug 27, 1999

Third Circuit Establishes Criteria for IDEA Tuition and IEE Reimbursement, Rejecting Equitable Limitations on Reimbursement

Date: Aug 26, 1999

Third Circuit Establishes Criteria for IDEA Tuition and IEE Reimbursement, Rejecting Equitable Limitations on Reimbursement Introduction In the case of Warren G. and Grant G. by and through their...

Establishing Private Right of Action Under Title VI's Disparate Impact Regulations in Public Education Funding

Date: Aug 26, 1999

Establishing Private Right of Action Under Title VI's Disparate Impact Regulations in Public Education Funding Introduction The case of Powell et al. v. Ridge et al., decided by the United States...

Waiver of Procedural Default in Habeas Corpus: Hull v. Kyler Decision

Date: Aug 24, 1999

Waiver of Procedural Default in Habeas Corpus: Insights from Hull v. Kyler Introduction Hull v. Kyler, a pivotal decision by the United States Court of Appeals for the Third Circuit in 1999,...

Manufacturers of Raw Fertilizer Products Not Liable for Terrorist Misuse: Port Authority of New York and New Jersey v. Arcadian Corp. et al.

Date: Aug 19, 1999

Manufacturers of Raw Fertilizer Products Not Liable for Terrorist Misuse: Port Authority of New York and New Jersey v. Arcadian Corp. et al. Introduction The case of Port Authority of New York and...

Defining Disability Under ADA and Employer’s Interactive Process: Insights from TAYLOR v. PHOENIXVILLE SCHOOL DISTrict

Date: Aug 19, 1999

Defining Disability Under ADA and Employer’s Interactive Process: Insights from TAYLOR v. PHOENIXVILLE SCHOOL DISTrict Introduction The case of Katherine L. TAYLOR v. PHOENIXVILLE SCHOOL DISTrict...

Procedural Barriers to Collateral Challenges in Guilty Plea Cases: Insights from United States v. Marlon Garth

Date: Aug 17, 1999

Procedural Barriers to Collateral Challenges in Guilty Plea Cases: Insights from United States v. Marlon Garth Introduction The case of United States v. Marlon Garth, adjudicated by the United States...

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