3d Circuit Case Commentaries

Enforcement of IDEA Settlement Agreements: Binding Contracts in Special Education Disputes

Date: Mar 27, 1997

Enforcement of IDEA Settlement Agreements: Binding Contracts in Special Education Disputes Introduction The case of D.R., by his parents and guardians M.R. and B.R. v. East Brunswick Board of...

Entire Controversy Doctrine Does Not Bar Concurrent Litigation: Analysis of Rycoline Products, Inc. v. C W Unlimited

Date: Mar 26, 1997

Entire Controversy Doctrine Does Not Bar Concurrent Litigation A Comprehensive Commentary on Rycoline Products, Inc. v. C W Unlimited, 109 F.3d 883 (3d Cir. 1997) Introduction The case of Rycoline...

Court of Appeals Third Circuit Clarifies the Scope of HECK v. HUMPHREY in Excessive Force Claims

Date: Mar 19, 1997

Court of Appeals Third Circuit Clarifies the Scope of HECK v. HUMPHREY in Excessive Force Claims Introduction The case of Carl Nelson v. George Jashurek, Patrolman, decided by the United States Court...

Establishing Absolute Immunity for Child Welfare Professionals in Dependency Proceedings: An Analysis of Ernst v. Child and Youth Services of Chester County

Date: Mar 13, 1997

Establishing Absolute Immunity for Child Welfare Professionals in Dependency Proceedings: An Analysis of Ernst v. Child and Youth Services of Chester County 1. Introduction In the landmark case of...

Third Circuit Upholds Conditional Intent Requirement in Carjacking Statute: Implications for Future Jurisprudence

Date: Mar 11, 1997

Third Circuit Upholds Conditional Intent Requirement in Carjacking Statute: Implications for Future Jurisprudence Introduction The case of United States of America v. Jeffrey Anderson (108 F.3d 478)...

Kelly v. Borough of Sayreville: Affirmation of Dismissal under Fourteenth Amendment Due Process

Date: Mar 6, 1997

Kelly v. Borough of Sayreville: Affirmation of Dismissal under Fourteenth Amendment Due Process Introduction Kelly v. Borough of Sayreville, 107 F.3d 1073 (3d Cir. 1997), involves Charles F. Kelly, a...

Caterpillar Inc. v. International Union: Redefining Employer-Union Financial Interactions under LMRA Section 302

Date: Mar 5, 1997

Caterpillar Inc. v. International Union: Redefining Employer-Union Financial Interactions under LMRA Section 302 Introduction The case of Caterpillar Inc., a Delaware Corporation doing business in...

Limitations on Civil Rights Removal: Third Circuit Upholds Remand in Defamation Case

Date: Mar 4, 1997

Limitations on Civil Rights Removal: Third Circuit Upholds Remand in Defamation Case Introduction In the landmark case Kenneth E. Davis et al. v. Richard Glanton et al., the United States Court of...

Affirmation of Noerr Immunity in Legal Accreditation Antitrust Case

Date: Mar 1, 1997

Affirmation of Noerr Immunity in Legal Accreditation Antitrust Case Introduction The case of Massachusetts School of Law at Andover, Inc. v. American Bar Association (107 F.3d 1026) presents a...

Exhaustion of Administrative Remedies and Equitable Tolling in Dennis Robinson v. John H. Dalton

Date: Mar 1, 1997

Exhaustion of Administrative Remedies and Equitable Tolling in Dennis Robinson v. John H. Dalton Introduction Dennis Robinson v. John H. Dalton, Secretary to United States Department of the Navy, 107...

Establishing Standards for Reasonable Attorney Fees under 42 U.S.C. §1988: Smith v. Philadelphia Housing Authority

Date: Feb 27, 1997

Establishing Standards for Reasonable Attorney Fees under 42 U.S.C. §1988: Smith v. Philadelphia Housing Authority Introduction The case of Vernita Smith and Carmen Rivera v. Philadelphia Housing...

Credibility of Government Witnesses and Sentencing Departures: United States v. Haut et al.

Date: Feb 27, 1997

Credibility of Government Witnesses and Sentencing Departures: United States v. Haut et al. Introduction The case of United States of America v. Haut, et al. (107 F.3d 213, 1997) presents a pivotal...

ERISA Plan Administrator Must Adhere to Plan's Distribution Provisions: DeWitt v. Penn-Del Directory Corp.

Date: Feb 15, 1997

ERISA Plan Administrator Must Adhere to Plan's Distribution Provisions: DeWitt v. Penn-Del Directory Corp. Introduction DeWitt v. Penn-Del Directory Corp. is a pivotal case adjudicated by the United...

Affirmation of Automatic Stay's Extended Scope in Guarantor Deficiency Judgments

Date: Feb 12, 1997

Affirmation of Automatic Stay's Extended Scope in Guarantor Deficiency Judgments Introduction In the landmark case of Lamar A. McCartney v. Integra National Bank North, 106 F.3d 506 (3d Cir. 1997),...

Punitive Damages Now Nondischargeable in Bankruptcy under 11 U.S.C. §523(a)(2)(A): In Re Edward S. Cohen

Date: Feb 7, 1997

Punitive Damages Now Nondischargeable in Bankruptcy under 11 U.S.C. §523(a)(2)(A): In Re Edward S. Cohen Introduction The case In Re: Edward S. Cohen, Debtor represents a significant judicial...

Balancing First Amendment Protections and Employer Interests in Public Employee Testimony: Green v. Philadelphia Housing Authority

Date: Feb 1, 1997

Balancing First Amendment Protections and Employer Interests in Public Employee Testimony: Green v. Philadelphia Housing Authority Introduction Green v. Philadelphia Housing Authority, 105 F.3d 882...

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