3d Circuit Case Commentaries

ADA Applicability to Correctional Facilities Established in Yeskey v. Commonwealth of Pennsylvania

Date: Jul 11, 1997

ADA Applicability to Correctional Facilities Established in Yeskey v. Commonwealth of Pennsylvania Introduction The case of Ronald R. Yeskey v. Commonwealth of Pennsylvania Department of Corrections...

Third Circuit Affirms Actual Injury Requirement in §1983 Prisoners' Access to Courts Claims Following LEWIS v. CASEY

Date: Jul 11, 1997

Third Circuit Affirms Actual Injury Requirement in §1983 Prisoners' Access to Courts Claims Following LEWIS v. CASEY Introduction In the case of Lorenzo Oliver v. William Fauver et al., decided by...

Establishing Joint and Several Liability for Negligent Securities Fraud: SEC v. Hughes Capital Corporation

Date: Jul 10, 1997

Establishing Joint and Several Liability for Negligent Securities Fraud: SEC v. Hughes Capital Corporation Introduction The case of Securities and Exchange Commission (SEC) v. Hughes Capital...

Dischargeability of Federal Tax Liabilities Under Section 523(a)(1)(C): Insights from In re Fegeley

Date: Jul 9, 1997

Dischargeability of Federal Tax Liabilities Under Section 523(a)(1)(C): Insights from In re Fegeley Introduction The case In re: Henry Fegeley; Annmarie Fegeley, Debtors United States of America v....

Discovery Rule Applied to Lanham Act Fraud Claims under Pennsylvania Law

Date: Jul 4, 1997

Discovery Rule Applied to Lanham Act Fraud Claims under Pennsylvania Law Introduction The case Beauty Time, Inc.; Beauty Makers, Inc.; R. Richard Riso, Appellants, v. VU Skin Systems, Inc.; BJV; DPM...

Hamilton v. Levy: Strengthening the Deliberate Indifference Doctrine in Eighth Amendment Prison Safety Claims

Date: Jul 1, 1997

Hamilton v. Levy: Strengthening the Deliberate Indifference Doctrine in Eighth Amendment Prison Safety Claims Introduction In the landmark case of Jerome K. Hamilton v. Faith Levy, Pamela Faulkner,...

Graves v. Lowery: County Government Recognized as Co-Employer under Title VII

Date: Jun 24, 1997

Graves v. Lowery: County Government Recognized as Co-Employer under Title VII Introduction In the landmark case Graves v. Lowery, the United States Court of Appeals for the Third Circuit addressed a...

Establishing Fiduciary Duty Claims Under ERISA: Insights from Jordan v. Federal Express Corporation

Date: Jun 20, 1997

Establishing Fiduciary Duty Claims Under ERISA: Insights from Jordan v. Federal Express Corporation Introduction Jordan v. Federal Express Corporation, 116 F.3d 1005 (3d Cir. 1997), is a seminal case...

Reevaluation of Automatic Stay in Bankruptcy Proceedings: Insights from Baldino v. Wilson

Date: Jun 17, 1997

Reevaluation of Automatic Stay in Bankruptcy Proceedings: Insights from Baldino v. Wilson Introduction The case of Lisa Baldino v. Robert Frank-Leonard Wilson serves as a pivotal example in...

Affirmation of State Court’s Interpretation in Federal Habeas Corpus Review: Johnson v. Rosemeyer

Date: Jun 14, 1997

Affirmation of State Court’s Interpretation in Federal Habeas Corpus Review: Johnson v. Rosemeyer Introduction In Curtis Johnson v. Frederick Rosemeyer, a 1997 decision by the United States Court of...

Clarifying Employer and Employee Duties in Reasonable Accommodation: Mengine v. Runyon

Date: Jun 12, 1997

Clarifying Employer and Employee Duties in Reasonable Accommodation: Mengine v. Runyon Introduction The case of Michael A. Mengine v. Marvin Runyon, Postmaster General, U.S. Postal Service (114 F.3d...

Klinger and Neyer v. State Farm: Establishing Enhanced Standards for Insurer Good Faith Practices

Date: Jun 11, 1997

Klinger and Neyer v. State Farm: Establishing Enhanced Standards for Insurer Good Faith Practices Introduction The case Klinger and Neyer v. State Farm Mutual Automobile Insurance Company,...

Reinforcing the Particularity Standard in Securities Fraud: Insights from In Re Burlington Coat Factory Securities Litigation

Date: Jun 11, 1997

Reinforcing the Particularity Standard in Securities Fraud: Insights from In Re Burlington Coat Factory Securities Litigation Introduction The case of In Re Burlington Coat Factory Securities...

Cushman v. Trans Union: Reinforcing FCRA Reinvestigation Obligations

Date: Jun 10, 1997

Cushman v. Trans Union: Reinforcing FCRA Reinvestigation Obligations Introduction Jennifer Cushman v. Trans Union Corporation is a pivotal case decided by the United States Court of Appeals for the...

Third Circuit Reinstates Imminent Danger Exception in Section 1983 Suits Under the Prison Litigation Reform Act: Gibbs v. Roman

Date: Jun 7, 1997

Third Circuit Reinstates Imminent Danger Exception in Section 1983 Suits Under the Prison Litigation Reform Act: Gibbs v. Roman Introduction In the landmark case of Henry Gibbs, Jr. v. Ms. Marcia...

Collateral Order Doctrine Affirmed in Christy v. Horn: A Landmark in Habeas Corpus Jurisprudence

Date: Jun 6, 1997

Collateral Order Doctrine Affirmed in Christy v. Horn: A Landmark in Habeas Corpus Jurisprudence Introduction The case of Lawrence Duane Christy v. Martin F. Horn, Commissioner, Pennsylvania...

Revisiting Colorado River Abstention: The Third Circuit's Decision in Ryan v. Johnson

Date: May 31, 1997

Revisiting Colorado River Abstention: The Third Circuit's Decision in Ryan v. Johnson Introduction In the landmark case Ryan v. Johnson, 115 F.3d 193 (3d Cir. 1997), the United States Court of...

Boury Corp. Affirms Adequate Remedial Action in Hostile Work Environment Case

Date: May 30, 1997

Boury Corp. Affirms Adequate Remedial Action in Hostile Work Environment Case Introduction The case of Karla J. Knabe v. The Boury Corp. d/b/a Big Boy East d/b/a Elby's Big Boy (114 F.3d 407) before...

Third Circuit Clarifies Scope of Discretionary Function Exception in Federal Tort Claims Act

Date: May 29, 1997

Third Circuit Clarifies Scope of Discretionary Function Exception in Federal Tort Claims Act Introduction In Sheila Gotha v. United States of America, 115 F.3d 176 (3d Cir. 1997), the United States...

Affirmation of New Jersey's Wrongful Death and Survival Action Acts Excluding Stillborn Fetuses under the Fourteenth Amendment

Date: May 24, 1997

Affirmation of New Jersey's Wrongful Death and Survival Action Acts Excluding Stillborn Fetuses under the Fourteenth Amendment Introduction In the case of KAREN ALEXANDER; DENNIS DRAZIN, ESQ.; DRAZIN...

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