3d Circuit Case Commentaries

Claim Preclusion in Employment Discrimination: Insights from Churchill v. Star Enterprises

Date: Jun 29, 1999

Claim Preclusion in Employment Discrimination: Insights from Churchill v. Star Enterprises Introduction Mary Churchill initiated multiple lawsuits against Star Enterprises, a/k/a Star Staff...

Bel-Ray v. Chemrite: Arbitration Clauses Enforceable Against Successor Corporations, Not Individually to Directors and Officers

Date: Jun 29, 1999

Bel-Ray Co. v. Chemrite: Arbitration Clauses Enforceable Against Successor Corporations, Not Individually to Directors and Officers Introduction In the landmark case of Bel-Ray Company, Inc. v....

Defamation in Labor Relations: Beverly Enterprises v. Rosemary Trump

Date: Jun 29, 1999

Defamation in Labor Relations: Beverly Enterprises v. Rosemary Trump Introduction The case Beverly Enterprises, Inc.; Donald L. Dotson v. Rosemary Trump; Service Employees International Union Local...

Establishing Alienage Jurisdiction Over Hong Kong Corporations: Insights from Southern Cross Overseas Agencies v. Wah Kwong Shipping

Date: Jun 26, 1999

Establishing Alienage Jurisdiction Over Hong Kong Corporations: Insights from Southern Cross Overseas Agencies, Inc. v. Wah Kwong Shipping Group Ltd. Introduction The case of Southern Cross Overseas...

Interpreting "Controlled By" in Disability Claims: Schaudeck v. SSA

Date: Jun 26, 1999

Interpreting "Controlled By" in Disability Claims: Schaudeck v. SSA Introduction LISA SCHAUDECK, APPELLANT v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION is a pivotal case adjudicated by the...

Implied Federal Preemption of Aviation Safety Standards While Preserving State Damage Remedies

Date: Jun 24, 1999

Implied Federal Preemption of Aviation Safety Standards While Preserving State Damage Remedies Introduction The case of Khaled Abdullah; Khitham Abdullah; Audrey James; Eardley James; Velma George;...

Enhancing Pleading Standards in Securities Litigation: Insights from In Re Advanta Corp. Securities Litigation

Date: Jun 18, 1999

Enhancing Pleading Standards in Securities Litigation: Insights from In Re Advanta Corp. Securities Litigation Introduction The case of In Re Advanta Corp. Securities Litigation (180 F.3d 525, 3d...

Preferential Transfers and Counsel Disqualification: An Analysis of In Re First Jersey Securities, Inc.

Date: Jun 11, 1999

Preferential Transfers and Counsel Disqualification: An Analysis of In Re First Jersey Securities, Inc. Introduction The case of In Re First Jersey Securities, Inc., Debtor, United States Trustee;...

CEPA Retaliation and Pretext Evidence: UPS v. Blackburn Affirms Summary Judgment

Date: Jun 8, 1999

CEPA Retaliation and Pretext Evidence: UPS v. Blackburn Affirms Summary Judgment Introduction In the landmark case of Benjamin Blackburn v. United Parcel Service, Inc., adjudicated by the United...

Indemnification and Pollution Exclusions: Insights from Chemical Leaman Tank Lines, Inc. v. Aetna Casualty and Surety Company

Date: May 26, 1999

Indemnification and Pollution Exclusions: Insights from Chemical Leaman Tank Lines, Inc. v. Aetna Casualty and Surety Company Introduction Chemical Leaman Tank Lines, Inc. v. Aetna Casualty and...

Affirming Employer Liability for Innocent Misperceptions Under the ADA: Insights from Taylor v. Pathmark Stores

Date: May 20, 1999

Affirming Employer Liability for Innocent Misperceptions Under the ADA: Insights from Taylor v. Pathmark Stores Introduction Joseph B. Taylor filed a lawsuit against Pathmark Stores, Inc. under the...

Custodial Interrogation Redefined: Insights from U.S. v. Leese

Date: May 19, 1999

Custodial Interrogation Redefined: Insights from U.S. v. Leese Introduction The case of United States of America v. Vicki S. Leese (176 F.3d 740) serves as a pivotal judicial decision in the realm of...

Substantial Evidence Upholding DIB Denial and Limited Weight to Chiropractor Opinions

Date: May 19, 1999

Substantial Evidence Upholding DIB Denial and Limited Weight to Chiropractor Opinions Introduction The case of Wayne R. Hartranft v. Kenneth S. Apfel, Commissioner, Social Security Administration...

Collateral Estoppel in Fraudulent Conveyance Claims: Witkowski v. Welch

Date: May 18, 1999

Collateral Estoppel in Fraudulent Conveyance Claims: Witkowski v. Welch Introduction The case of Joseph A. Witkowski, M.D.; Grace Witkowski; Joseph A. Witkowski, M.D., P.C. Defined Benefit Pension...

Effective Assistance of Counsel and Due Process in Sentencing: Baker v. Barbo Commentary

Date: May 14, 1999

Effective Assistance of Counsel and Due Process in Sentencing: Baker v. Barbo Introduction The appellate case of James Baker v. James F. Barbo, Attorney General of the State of New Jersey (177 F.3d...

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...

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