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  • Commentaries
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3d Circuit Case Commentaries

Disparity in Disability Benefits Under ADA: COLLEEN V. FORD Analysis

Disparity in Disability Benefits Under ADA: COLLEEN V. FORD Analysis

Date: May 23, 1998
Disparity in Disability Benefits Under ADA: COLLEEN V. FORD Analysis Introduction The case of Colleen V. Ford v. Schering-Ploough Corporation addresses a critical question under the Americans with...
Establishing Precedent on Trademark Infringement and Preliminary Injunctions: Pappan Enterprises, Inc. v. Hardee's Food Systems, Inc.

Establishing Precedent on Trademark Infringement and Preliminary Injunctions: Pappan Enterprises, Inc. v. Hardee's Food Systems, Inc.

Date: May 14, 1998
Establishing Precedent on Trademark Infringement and Preliminary Injunctions Introduction The case of Pappan Enterprises, Inc. v. Hardee's Food Systems, Inc.; MRO Mid-Atlantic Corp., adjudicated by...
Enforceability of Liquidated Damages in Chapter 11: Interface Group-Nevada, Inc. v. Trans World Airlines, Inc.

Enforceability of Liquidated Damages in Chapter 11: Interface Group-Nevada, Inc. v. Trans World Airlines, Inc.

Date: May 5, 1998
Enforceability of Liquidated Damages in Chapter 11: Interface Group-Nevada, Inc. v. Trans World Airlines, Inc. Introduction The case of Interface Group-Nevada, Inc. v. Trans World Airlines, Inc. (145...
Balasubramanrim v. INS: Enhancing Standards for Credibility Determinations in Asylum Proceedings

Balasubramanrim v. INS: Enhancing Standards for Credibility Determinations in Asylum Proceedings

Date: May 2, 1998
Balasubramanrim v. INS: Enhancing Standards for Credibility Determinations in Asylum Proceedings Introduction Balasubramanrim v. Immigration and Naturalization Service (INS) is a pivotal case...
Authority Delegation in ERISA Plan Amendments: CURTISS-WRIGHT CORP. v. SCHOONEJONGEN

Authority Delegation in ERISA Plan Amendments: CURTISS-WRIGHT CORP. v. SCHOONEJONGEN

Date: Apr 30, 1998
Authority Delegation in ERISA Plan Amendments: CURTISS-WRIGHT CORP. v. SCHOONEJONGEN Introduction The case of FRANK C. SCHOONEJONGEN et al. v. CURTISS-WRIGHT CORPORATION, decided by the United States...
Substantial Justification for Government Position Under EAJA Affirmed in Morgan v. Perry et al.

Substantial Justification for Government Position Under EAJA Affirmed in Morgan v. Perry et al.

Date: Apr 28, 1998
Substantial Justification for Government Position Under EAJA Affirmed in Morgan v. Perry et al. Introduction In the landmark case of Terence D. Morgan v. William Perry, et al., decided by the United...
Limitations on Single Comparator Evidence in Age Discrimination Claims: Simpson v. Kay Jewelers

Limitations on Single Comparator Evidence in Age Discrimination Claims: Simpson v. Kay Jewelers

Date: Apr 25, 1998
Limitations on Single Comparator Evidence in Age Discrimination Claims: Simpson v. Kay Jewelers Introduction Simpson v. Kay Jewelers is a landmark case adjudicated by the United States Court of...
Reaffirming the Statute of Limitations: United States v. Midgley and Its Implications

Reaffirming the Statute of Limitations: United States v. Midgley and Its Implications

Date: Apr 24, 1998
Reaffirming the Statute of Limitations: United States v. Midgley and Its Implications Introduction In the landmark case of United States of America v. Raymond M. Midgley, 142 F.3d 174 (3d Cir. 1998),...
Deane v. Pocono Medical Center: Redefining "Qualified Individual" Under the ADA

Deane v. Pocono Medical Center: Redefining "Qualified Individual" Under the ADA

Date: Apr 18, 1998
Deane v. Pocono Medical Center: Redefining "Qualified Individual" Under the ADA Introduction Deane v. Pocono Medical Center is a seminal case adjudicated by the United States Court of Appeals for the...
Retention of District Court Jurisdiction for Reconsideration Motions Following Remand Under 28 U.S.C. §1367(c): Hudson v. Litenda Mortgage Corp.

Retention of District Court Jurisdiction for Reconsideration Motions Following Remand Under 28 U.S.C. §1367(c): Hudson v. Litenda Mortgage Corp.

Date: Apr 16, 1998
Retention of District Court Jurisdiction for Reconsideration Motions Following Remand Under 28 U.S.C. §1367(c) Introduction The case of Hudson United Bank, Banking Corporation of the State of New...
Finality in Multi-Claim Litigation: Insights from Waldorf v. Borough of Kenilworth

Finality in Multi-Claim Litigation: Insights from Waldorf v. Borough of Kenilworth

Date: Apr 16, 1998
Finality in Multi-Claim Litigation: Insights from Waldorf v. Borough of Kenilworth Introduction The case of Mark Waldorf v. Borough of Kenilworth presents a complex litigation journey spanning over...
Historic Preservation Ordinance and Substantive Due Process: Sameric v. City of Philadelphia

Historic Preservation Ordinance and Substantive Due Process: Sameric v. City of Philadelphia

Date: Apr 11, 1998
Historic Preservation Ordinance and Substantive Due Process: Sameric Corporation v. City of Philadelphia Introduction Sameric Corporation of Delaware, Inc. ("Sameric") appealed a district court's...
Trump Hotels v. Mirage Resorts: Establishing Limits on Standing in Securities Fraud Claims

Trump Hotels v. Mirage Resorts: Establishing Limits on Standing in Securities Fraud Claims

Date: Apr 3, 1998
Trump Hotels v. Mirage Resorts: Establishing Limits on Standing in Securities Fraud Claims Introduction In the landmark case of Trump Hotels Casino Resorts, Inc. v. Mirage Resorts, Inc., the United...
Revisiting Extortion and Market Power: A Comprehensive Analysis of Brokerage Concepts v. U.S. Healthcare

Revisiting Extortion and Market Power: A Comprehensive Analysis of Brokerage Concepts v. U.S. Healthcare

Date: Apr 3, 1998
Revisiting Extortion and Market Power: A Comprehensive Analysis of Brokerage Concepts v. U.S. Healthcare Introduction Brokerage Concepts, Inc. v. U.S. Healthcare, Inc., et al. is a landmark case...
Standing Requirements under Article III in Fair Housing Act Enforcement: The FHC v. Montgomery Newspapers Decision

Standing Requirements under Article III in Fair Housing Act Enforcement: The FHC v. Montgomery Newspapers Decision

Date: Apr 1, 1998
Standing Requirements under Article III in Fair Housing Act Enforcement: The FHC v. Montgomery Newspapers Decision Introduction The case of The Fair Housing Council of Suburban Philadelphia v....
Reinforcing Trustee Appointment Discretion and Attorney Conflict Standards in Bankruptcy Proceedings: In re Marvel Entertainment Group, Inc.

Reinforcing Trustee Appointment Discretion and Attorney Conflict Standards in Bankruptcy Proceedings: In re Marvel Entertainment Group, Inc.

Date: Mar 26, 1998
Reinforcing Trustee Appointment Discretion and Attorney Conflict Standards in Bankruptcy Proceedings: In re Marvel Entertainment Group, Inc. Introduction The case In re: Marvel Entertainment Group,...
Affirmation of Elrod-Branti Exception for Policy-Making Roles in Public Employment

Affirmation of Elrod-Branti Exception for Policy-Making Roles in Public Employment

Date: Mar 24, 1998
Affirmation of Elrod-Branti Exception for Policy-Making Roles in Public Employment Introduction The case of Lewis W. Wetzel v. Rose Tucker et al. adjudicated by the United States Court of Appeals for...
Reversing Summary Judgment in Political Patronage Cases Based on Hiring Authority's Testimony: Boyle v. Allegheny County

Reversing Summary Judgment in Political Patronage Cases Based on Hiring Authority's Testimony: Boyle v. Allegheny County

Date: Mar 24, 1998
Reversing Summary Judgment in Political Patronage Cases Based on Hiring Authority's Testimony: Boyle v. Allegheny County Introduction In the landmark case Boyle v. Allegheny County, the United States...
Third Circuit Clarifies Title IX Applicability to NCAA Eligibility Rules in Smith v. NCAA

Third Circuit Clarifies Title IX Applicability to NCAA Eligibility Rules in Smith v. NCAA

Date: Mar 17, 1998
Third Circuit Clarifies Title IX Applicability to NCAA Eligibility Rules in Smith v. NCAA Introduction In the landmark case R.M. Smith v. National Collegiate Athletic Association (NCAA), decided by...
Waiver of Attorney Work Product Privilege Due to Delay in Seeking Judicial Relief: IN RE GRAND JURY (Impuned), 138 F.3d 978

Waiver of Attorney Work Product Privilege Due to Delay in Seeking Judicial Relief: IN RE GRAND JURY (Impuned), 138 F.3d 978

Date: Mar 14, 1998
Waiver of Attorney Work Product Privilege Due to Delay in Seeking Judicial Relief: IN RE GRAND JURY (Impuned), 138 F.3d 978 Introduction The case In Re: Grand Jury (Impuned) (138 F.3d 978)...
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