3d Circuit Case Commentaries

Interpretation of Ambiguous Anesthesia Exclusion Favors Insured: Medical Protective Co. v. Watkins

Date: Nov 27, 1999

Interpretation of Ambiguous Anesthesia Exclusion Favors Insured: Medical Protective Co. v. Watkins Introduction Medical Protective Company v. Watkins et al. is a landmark case adjudicated by the...

Establishing Standards for Contract Assignments and Collective Bargaining Agreements in Bankruptcy: Third Circuit's Landmark Ruling

Date: Nov 25, 1999

Establishing Standards for Contract Assignments and Collective Bargaining Agreements in Bankruptcy: Third Circuit's Landmark Ruling Introduction The case of American Flint Glass Workers Union,...

Reinforcement of Burden of Proof in CERCLA and Spill Act Liability Claims

Date: Nov 23, 1999

Reinforcement of Burden of Proof in CERCLA and Spill Act Liability Claims Introduction In the case of New Jersey Turnpike Authority v. PPG Industries, Inc. et al., the United States Court of Appeals...

Schurr v. Resorts International: Affirmative Action Plans Must Serve a Remedial Purpose Under Title VII

Date: Nov 13, 1999

Schurr v. Resorts International: Affirmative Action Plans Must Serve a Remedial Purpose Under Title VII Introduction Karl C. Schurr, a white male light and sound technician, filed a lawsuit against...

Third Circuit Limits Telecommunications Act Preemption: Upholds Local Zoning Authority Against Exclusionary Practices

Date: Nov 9, 1999

Third Circuit Limits Telecommunications Act Preemption: Upholds Local Zoning Authority Against Exclusionary Practices Introduction The case of APT Pittsburgh Limited Partnership v. Penn Township...

Establishing Reliability in Expert Testimony: IN RE TMI Litigation Commentary

Date: Nov 3, 1999

Establishing Reliability in Expert Testimony: IN RE TMI Litigation Commentary Introduction The case of In Re: TMI Litigation examines the complexities arising from the aftermath of the Three Mile...

Ford Motor Company v. Iwanowa: Dismissal of Forced Labor Claims Due to Statute of Limitations and Nonjusticiability Under the Alien Tort Claims Act

Date: Oct 29, 1999

Ford Motor Company v. Iwanowa: Dismissal of Forced Labor Claims Due to Statute of Limitations and Nonjusticiability Under the Alien Tort Claims Act Introduction In the case of Elsa Iwanowa v. Ford...

Prioritization of Unsecured Creditors Over Retirement Plan Repayments in Bankruptcy: In Re Anes and Tierney

Date: Oct 28, 1999

Prioritization of Unsecured Creditors Over Retirement Plan Repayments in Bankruptcy: In Re Anes and Tierney Introduction The case In Re Luisa V. Anes; In Re Robert Tierney and Beverly Tierney v....

Strict Enforcement of AEDPA's Statute of Limitations: Insights from Jones v. Morton

Date: Oct 26, 1999

Strict Enforcement of AEDPA's Statute of Limitations: Insights from Jones v. Morton Introduction The case of Ronald Jones v. Willis Morton, adjudicated by the United States Court of Appeals for the...

AEDPA Gatekeeping and Retroactivity: United States v. Kevin Roberson

Date: Oct 15, 1999

AEDPA Gatekeeping and Retroactivity: United States v. Kevin Roberson Introduction The case of United States of America v. Kevin Roberson serves as a pivotal decision in understanding the application...

Conspiracies Cannot Base Solely on FDCA Violations: Third Circuit Sets Precedent in Orthopedic Device Litigation

Date: Oct 8, 1999

Conspiracies Cannot Base Solely on FDCA Violations: Third Circuit Sets Precedent in Orthopedic Device Litigation Introduction The United States Court of Appeals for the Third Circuit, in the case In...

Ambiguity in Promotional Contest Offers: Pacitti v. Macy's Establishes Precedent

Date: Oct 6, 1999

Ambiguity in Promotional Contest Offers: Pacitti v. Macy's Establishes Precedent Introduction Joanna Pacitti, a Minor, by Joseph Pacitti, and Stella Pacitti, Her Parents and Guardians, Appellants v....

Non-reviewability of Remand Orders and Strict Criteria for Colorado River Abstention: Insights from Spring City Corp. v. American Buildings Co.

Date: Oct 5, 1999

Non-reviewability of Remand Orders and Strict Criteria for Colorado River Abstention: Insights from Spring City Corp. v. American Buildings Co. Introduction The case of Spring City Corporation,...

Third Circuit Clarifies "Advertising Injury" in Insurance Coverage: No Defense for Trade Secret Theft in Product Advertising

Date: Oct 1, 1999

Third Circuit Clarifies "Advertising Injury" in Insurance Coverage: No Defense for Trade Secret Theft in Product Advertising Introduction The case of The Frog, Switch Manufacturing Co., Inc. v. The...

Indefinite Detention of Excludable Aliens: Insights from CHI THON NGO A/K/A DAVID LAM v. INS

Date: Sep 25, 1999

Indefinite Detention of Excludable Aliens: Insights from CHI THON NGO A/K/A DAVID LAM v. INS Introduction The case of Chi Thon Ngo A/K/A David Lam versus the Immigration and Naturalization Service...

Affirmation of Reasonable Restrictions on Videotaping Public Meetings: Whiteland Woods v. Township of West Whiteland

Date: Sep 24, 1999

Affirmation of Reasonable Restrictions on Videotaping Public Meetings Introduction The case of Whiteland Woods, L.P. v. Township of West Whiteland addresses the balancing act between the public's...

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...

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