3d Circuit Case Commentaries

Federal Courts Reject New Jersey's Entire Controversy Doctrine in Diversity Jurisdiction Cases

Date: May 14, 1999

Federal Courts Reject New Jersey's Entire Controversy Doctrine in Diversity Jurisdiction Cases Introduction The case of Paramount Aviation Corporation v. Gruppo Agusta adjudicated by the United...

Claim Preclusion in Bankruptcy Reorganization: CoreStates Bank v. Huls America

Date: May 12, 1999

Claim Preclusion in Bankruptcy Reorganization: CoreStates Bank v. Huls America Introduction The case CoreStates Bank, N.A. v. Huls America, Inc. (176 F.3d 187) adjudicated by the United States Court...

Contempt Liability Limited to Direct Violations or Aiding and Abetting: Max's Seafood Cafe v. Quinteros

Date: May 6, 1999

Contempt Liability Limited to Direct Violations or Aiding and Abetting: Max's Seafood Cafe v. Quinteros Introduction In the case of Max's Seafood Cafe, by Lou-Ann, Inc., Successor to Max's Seafood...

Preservation of Attorney-Client Privilege for Attorneys Acting as Consultants: A Third Circuit Analysis in Montgomery County v. MicroVote Corporation

Date: May 1, 1999

Preservation of Attorney-Client Privilege for Attorneys Acting as Consultants: A Third Circuit Analysis in Montgomery County v. MicroVote Corporation Introduction The case of Montgomery County,...

Carter v. City of Philadelphia: Limiting Eleventh Amendment Immunity for Administrative Functions

Date: Apr 29, 1999

Carter v. City of Philadelphia: Limiting Eleventh Amendment Immunity for Administrative Functions Introduction In Carter v. City of Philadelphia, 181 F.3d 339 (3d Cir. 1999), Raymond Carter appealed...

Respondeat Superior Liability in Sexual Harassment Claims under Title VII: Insights from KAREN A. KUNIN v. SEARS ROEBUCK AND CO.

Date: Apr 29, 1999

Respondeat Superior Liability in Sexual Harassment Claims under Title VII: Insights from KAREN A. KUNIN v. SEARS ROEBUCK AND CO. Introduction The case of KAREN A. KUNIN v. SEARS ROEBUCK AND CO.,...

Issue Preclusion and Pennsylvania’s "One Satisfaction" Rule in Asbestos Liability: Greenleaf v. Garlock, Inc. et al.

Date: Apr 27, 1999

Issue Preclusion and Pennsylvania’s "One Satisfaction" Rule in Asbestos Liability: Greenleaf v. Garlock, Inc. et al. Introduction In the landmark case Greenleaf v. Garlock, Inc. et al., the United...

Affirming the Constitutionality of Ex Parte Child Custody Hearings: Miller v. City of Philadelphia

Date: Apr 27, 1999

Affirming the Constitutionality of Ex Parte Child Custody Hearings: Miller v. City of Philadelphia Introduction In Miller v. City of Philadelphia, the United States Court of Appeals for the Third...

Affirmation of AEDPA's Strict Limitations on Amending §2255 Motions: United States v. Clinton Duffus

Date: Apr 21, 1999

Affirmation of AEDPA's Strict Limitations on Amending §2255 Motions: United States v. Clinton Duffus Introduction United States v. Clinton Duffus is a significant case adjudicated by the United...

Third Circuit Affirms Discretionary Limits on Unredacted Discovery Requests under 28 U.S.C. §1782

Date: Apr 13, 1999

Third Circuit Affirms Discretionary Limits on Unredacted Discovery Requests under 28 U.S.C. §1782 Introduction In the landmark case of Bayer AG v. Betachem, Inc., the United States Court of Appeals...

Safeguarding Fair Trial Rights: The Impact of Prosecutorial Misconduct in United States v. Mastrangelo

Date: Apr 10, 1999

Safeguarding Fair Trial Rights: The Impact of Prosecutorial Misconduct in United States v. Mastrangelo Introduction The case of United States v. Adrian Mastrangelo, Jr. is a significant judicial...

Equal Protection Violation in Fusion Nominations: Reaffirming Minority Party Rights

Date: Mar 31, 1999

Equal Protection Violation in Fusion Nominations: Reaffirming Minority Party Rights Introduction In the landmark case of Reform Party of Allegheny County v. Allegheny County Department of Elections,...

Elevating Standards for Free Appropriate Public Education under IDEA: Ridgewood Board of Education v. N.E.

Date: Mar 31, 1999

Elevating Standards for Free Appropriate Public Education under IDEA: Ridgewood Board of Education v. N.E. Introduction Ridgewood Board of Education v. N.E. is a landmark case adjudicated by the...

Reaffirming the Confrontation Clause: McCandless v. Vaughn Establishes Critical Standards for Witness Availability

Date: Mar 31, 1999

Reaffirming the Confrontation Clause: McCandless v. Vaughn Establishes Critical Standards for Witness Availability Introduction Thomas McCandless appealed the District Court's denial of his habeas...

Proximate Cause and Antitrust Standing: Third Circuit Upholds Dismissal in Union-Welfare Funds vs. Tobacco Companies

Date: Mar 30, 1999

Proximate Cause and Antitrust Standing: Third Circuit Upholds Dismissal in Union-Welfare Funds vs. Tobacco Companies Introduction In Steamfitters Local Union No. 420 Welfare Fund v. Philip Morris,...

Standard of Review for Habeas Corpus Under AEDPA: Insights from Matteo v. Superintendent, Sci Albion

Date: Mar 25, 1999

Standard of Review for Habeas Corpus Under AEDPA: Insights from Matteo v. Superintendent, Sci Albion Introduction Matteo v. Superintendent, Sci Albion is a seminal case decided by the United States...

Limitations on Fraud and Securities Claims in the Presence of Integration Clauses: Sunquest Information Systems, Inc. v. Compucare Company and Dean Witter Reynolds, Inc.

Date: Mar 25, 1999

Limitations on Fraud and Securities Claims in the Presence of Integration Clauses: Sunquest Information Systems, Inc. v. Compucare Company and Dean Witter Reynolds, Inc. Introduction The case of...

Comprehensive Commentary on Hurley v. Atlantic City Police Department

Date: Mar 19, 1999

Establishing Supervisory Accountability: An In-Depth Analysis of Hurley v. Atlantic City Police Department Introduction Hurley v. Atlantic City Police Department is a landmark decision by the United...

Third Circuit Establishes Importance of Defendant's Intent in Applying U.S.S.G. Cross-References for Child Pornography Offenses

Date: Mar 19, 1999

Third Circuit Establishes Importance of Defendant's Intent in Applying U.S.S.G. Cross-References for Child Pornography Offenses Introduction The case of United States of America v. Richard C....

Loss of Pooling of Interests Accounting as Irreparable Harm in Corporate Merger Agreements: Allegheny Energy v. DQE

Date: Mar 12, 1999

Loss of Pooling of Interests Accounting as Irreparable Harm in Corporate Merger Agreements: Allegheny Energy v. DQE Introduction The case of Allegheny Energy, Inc. v. DQE, Inc. (171 F.3d 153)...

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