3d Circuit Case Commentaries

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

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.

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

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

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

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

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

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

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

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

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.

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

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

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

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

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...

Flagging of Accommodated Exam Scores Under ADA: Insights from Boyd v. NBME

Date: Dec 10, 1999

Flagging of Accommodated Exam Scores Under ADA: Insights from Doe v. National Board of Medical Examiners Introduction In the landmark case Doe v. National Board of Medical Examiners (NBME), the...

In re White v. ABCO Engineering Corp.: New Precedent on Inter-District Transfers by Stipulation

Date: Dec 3, 1999

In re White v. ABCO Engineering Corp.: New Precedent on Inter-District Transfers by Stipulation Introduction The case of Kenneth White v. ABCO Engineering Corp., adjudicated by the United States...

Third Circuit Recognizes Standing for Indirect Victims in Employment Discrimination: Anjelino v. New York Times Company

Date: Dec 3, 1999

Third Circuit Recognizes Standing for Indirect Victims in Employment Discrimination: Anjelino v. New York Times Company Introduction Anjelino v. New York Times Company is a significant case...

Enhancing Fairness in Post-Conviction Proceedings under AEDPA: The Quentin Miller Decision

Date: Dec 1, 1999

Enhancing Fairness in Post-Conviction Proceedings under AEDPA: The Quentin Miller Decision Introduction United States of America v. Quentin Miller, 197 F.3d 644 (3d Cir. 1999), addresses a critical...

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