3d Circuit Case Commentaries

Establishing Disability Under the ADA: Insights from Matczak v. Frankford

Date: Nov 19, 1997

Establishing Disability Under the ADA: Insights from Matczak v. Frankford Introduction The case of Joseph R. Matczak v. Frankford Candy and Chocolate Company, 136 F.3d 933 (3d Cir. 1997), addresses...

Quaker Oats Securities Fraud Case: Duty to Update Financial Projections

Date: Nov 7, 1997

Quaker Oats Securities Fraud Case: Duty to Update Financial Projections Introduction The case of Weiner et al. v. The Quaker Oats Company et al. (129 F.3d 310, 3d Cir. 1997) represents a significant...

Third Circuit Clarifies Standards for Qualified Immunity, Exigent Circumstances, and Protective Sweeps in Section 1983 Cases

Date: Oct 25, 1997

Third Circuit Clarifies Standards for Qualified Immunity, Exigent Circumstances, and Protective Sweeps in Section 1983 Cases Introduction In the landmark case of RONALD E. SHARRAR et al. v. DENNIS...

Affirmation of Fee-for-Service Health Care Policies in Prisons Under Eighth, Fourteenth, and First Amendments

Date: Oct 23, 1997

Affirmation of Fee-for-Service Health Care Policies in Prisons Under Eighth, Fourteenth, and First Amendments Introduction In the landmark case Reynolds v. Wagner, appellants, a group of inmates,...

Broadening the Definition of Custody: Barry v. Bergen County Probation Department

Date: Oct 23, 1997

Broadening the Definition of Custody: Barry v. Bergen County Probation Department Introduction Barry v. Bergen County Probation Department, 128 F.3d 152 (3d Cir. 1997), is a pivotal case that...

Admissibility of Expert Testimony in Toxic Exposure Cases: Insights from Kannankeril v. Terminix International

Date: Oct 18, 1997

Admissibility of Expert Testimony in Toxic Exposure Cases: Insights from Kannankeril v. Terminix International Introduction The case of Charles Kannankeril and family versus Terminix International,...

Ryder v. Westinghouse: Establishing the Admissibility of Corporate Culture Evidence in Age Discrimination Claims

Date: Oct 1, 1997

Ryder v. Westinghouse: Establishing the Admissibility of Corporate Culture Evidence in Age Discrimination Claims Introduction Ryder v. Westinghouse Electric Corporation is a landmark case decided by...

Assessment of Attorney's Fees in Bad Faith Insurance Claims: Polselli v. Nationwide Mutual Fire Insurance Company

Date: Oct 1, 1997

Assessment of Attorney's Fees in Bad Faith Insurance Claims: Polselli v. Nationwide Mutual Fire Insurance Company Introduction Regina Polselli and Rudolph R. Polselli initiated a lawsuit against...

Refining Mixed Motives and Impeachment Standards in Employment Discrimination: Commentary on Walden et al. v. Georgia-Pacific Corp., 126 F.3d 506

Date: Sep 27, 1997

Refining Mixed Motives and Impeachment Standards in Employment Discrimination: Commentary on Walden et al. v. Georgia-Pacific Corp., 126 F.3d 506 Introduction In the landmark case Walden, Murphy, &...

Affirmation of ADA Retaliation Claims Independent of "Qualified Disability" Status in Krouse v. American Sterilizer Company

Date: Sep 27, 1997

Affirmation of ADA Retaliation Claims Independent of "Qualified Disability" Status in Krouse v. American Sterilizer Company 1. Introduction Robert V. Krouse, an employee of American Sterilizer...

Enforcing ESA Notice Requirements and Restricting Collateral Estoppel: Insights from White v. FEMA

Date: Sep 23, 1997

Enforcing ESA Notice Requirements and Restricting Collateral Estoppel: Insights from White v. FEMA Introduction In the landmark case White v. Federal Emergency Management Agency (FEMA), the United...

Procedural Barriers in Federal Habeas Corpus Petitions: Insights from Banks v. Horn

Date: Sep 20, 1997

Procedural Barriers in Federal Habeas Corpus Petitions: Insights from Banks v. Horn Introduction Banks v. Horn, 126 F.3d 206 (1997), adjudicated by the United States Court of Appeals for the Third...

Third Circuit Establishes Comprehensive Guidelines for Appointment of Counsel in Civil Cases: Parham v. Johnson

Date: Sep 18, 1997

Third Circuit Establishes Comprehensive Guidelines for Appointment of Counsel in Civil Cases: Parham v. Johnson Introduction In the landmark case of Paul Lamont Parham v. Dr. Marshall Johnson, Jr.,...

Third Circuit Establishes Pervasive Control as Disqualifier for Investment Contract under Howey Test

Date: Sep 13, 1997

Third Circuit Establishes Pervasive Control as Disqualifier for Investment Contract under Howey Test Introduction The case of Steinhardt Group Inc. v. Citicorp, decided by the United States Court of...

Anderson v. Davila: Reinforcing Due Process in Injunctive Relief Against Retaliatory Surveillance

Date: Sep 11, 1997

Anderson v. Davila: Reinforcing Due Process in Injunctive Relief Against Retaliatory Surveillance Introduction In the landmark case of PETER ANDERSON v. RAMON DAVILA et al., decided by the United...

Reitz v. County of Bucks: Establishing Accountability in Property Forfeiture Procedures

Date: Sep 9, 1997

Reitz v. County of Bucks: Establishing Accountability in Property Forfeiture Procedures Introduction Reitz v. County of Bucks is a pivotal case adjudicated by the United States Court of Appeals for...

Benefit-to-the-Estate Required for Compensation of Special Counsel Under Bankruptcy Code: In Re Engel v. Alvarez

Date: Sep 4, 1997

Benefit-to-the-Estate Required for Compensation of Special Counsel Under Bankruptcy Code: In Re Engel v. Alvarez Introduction In the landmark case In Re: William Engel, Debtor Ferrara Hantman; Robert...

Finality of Judicial Orders Amid Arbitration and Successor Liability under CERCLA: Alcoa v. Beazer East

Date: Sep 3, 1997

Finality of Judicial Orders Amid Arbitration and Successor Liability under CERCLA: Alcoa v. Beazer East Introduction The case of Aluminum Company of America (Alcoa) v. Beazer East, Inc., decided by...

Seniority Integration Claims in Bankruptcy Treated as Claims for Payment: In re Continental Airlines Decision

Date: Aug 30, 1997

Seniority Integration Claims in Bankruptcy Treated as Claims for Payment: In re Continental Airlines Decision Introduction The case of In re Continental Airlines, Debtor; Air Line Pilots Association,...

Reversal of Known Loss Doctrine Application in Environmental Insurance Coverage: Pittston v. Allianz

Date: Aug 28, 1997

Reversal of Known Loss Doctrine Application in Environmental Insurance Coverage: Pittston v. Allianz Introduction The case of Pittston Company et al. v. Allianz Insurance Company et al. adjudicated...

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