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  • Commentaries
  • Judgments

3d Circuit Case Commentaries

Refining Qualified Immunity: Individualized Analysis and Consideration of Motives in Civil Rights Litigation

Refining Qualified Immunity: Individualized Analysis and Consideration of Motives in Civil Rights Litigation

Date: Oct 19, 1996
Refining Qualified Immunity: Individualized Analysis and Consideration of Motives in Civil Rights Litigation Introduction The case of Grant v. City of Pittsburgh, adjudicated by the United States...
Employment Discrimination: Lawrence v. National Westminster Bank Establishes Nuanced Burden-Shifting Framework

Employment Discrimination: Lawrence v. National Westminster Bank Establishes Nuanced Burden-Shifting Framework

Date: Oct 16, 1996
Employment Discrimination: Lawrence v. National Westminster Bank Establishes Nuanced Burden-Shifting Framework Introduction Albert L. Lawrence filed a lawsuit against National Westminster Bank New...
Third Circuit Affirms Asset Freeze Without Hearing in Family Litigation but Reverses Bond Waiver

Third Circuit Affirms Asset Freeze Without Hearing in Family Litigation but Reverses Bond Waiver

Date: Oct 10, 1996
Third Circuit Affirms Asset Freeze Without Hearing in Family Litigation but Reverses Bond Waiver Introduction The appellate case Constance K. Elliott et al. v. William B. Kiesewetter, Jr. and Jayne...
Kurz v. Philadelphia Electric Company: Defining Serious Consideration and Statutory Limitations under ERISA

Kurz v. Philadelphia Electric Company: Defining Serious Consideration and Statutory Limitations under ERISA

Date: Oct 2, 1996
Kurz v. Philadelphia Electric Company: Defining Serious Consideration and Statutory Limitations under ERISA Introduction Kurz v. Philadelphia Electric Company is a seminal case adjudicated by the...
Futility of Habeas Corpus Without Exhaustion of State Remedies: Insights from Doctor v. Walters

Futility of Habeas Corpus Without Exhaustion of State Remedies: Insights from Doctor v. Walters

Date: Sep 25, 1996
Futility of Habeas Corpus Without Exhaustion of State Remedies: Insights from Doctor v. Walters Introduction The case of Gary Lee Doctor v. Gilbert A. Walters, 96 F.3d 675 (3d Cir. 1996), presents a...
Sistrunk v. Vaughn: Procedural Barriers and Ineffective Assistance in Batson Claims

Sistrunk v. Vaughn: Procedural Barriers and Ineffective Assistance in Batson Claims

Date: Sep 20, 1996
Sistrunk v. Vaughn: Procedural Barriers and Ineffective Assistance in Batson Claims Introduction Sistrunk v. Vaughn, 96 F.3d 666 (3rd Cir. 1996), addresses critical issues surrounding the...
Establishing Constitutional Violations under the State-Created Danger Theory: Kneipp v. City of Philadelphia

Establishing Constitutional Violations under the State-Created Danger Theory: Kneipp v. City of Philadelphia

Date: Sep 19, 1996
Establishing Constitutional Violations under the State-Created Danger Theory: Kneipp v. City of Philadelphia Introduction Samantha Kneipp and her legal guardians filed a civil rights complaint...
Affirmation of Immediate Financial Responsibility for Private School Placement under IDEA

Affirmation of Immediate Financial Responsibility for Private School Placement under IDEA

Date: Sep 19, 1996
Affirmation of Immediate Financial Responsibility for Private School Placement under IDEA Introduction In the landmark case of Susquenita School District, Appellant v. Raelee S., the United States...
Clarifying the 'Active Operations Duty' under the Longshore Act: Serbin v. Bora Corp.

Clarifying the 'Active Operations Duty' under the Longshore Act: Serbin v. Bora Corp.

Date: Sep 14, 1996
Clarifying the 'Active Operations Duty' under the Longshore Act: Serbin v. Bora Corp. Introduction In John Serbin v. Bora Corp., Ltd., 96 F.3d 66 (3d Cir. 1996), the United States Court of Appeals...
HB General Corp. v. Manchester Partners: Clarifying Indispensable Party Joinder under Federal Rule 19

HB General Corp. v. Manchester Partners: Clarifying Indispensable Party Joinder under Federal Rule 19

Date: Sep 14, 1996
HB General Corp. v. Manchester Partners: Clarifying Indispensable Party Joinder under Federal Rule 19 Introduction HB General Corp.; HB Limited Realty Corp. v. Manchester Partners, L.P. (95 F.3d...
Enhancing Enforcement of Disabled Children's Educational Rights: Insights from Hunter v. Mount Lebanon School District

Enhancing Enforcement of Disabled Children's Educational Rights: Insights from Hunter v. Mount Lebanon School District

Date: Sep 13, 1996
Enhancing Enforcement of Disabled Children's Educational Rights: Insights from Hunter v. Mount Lebanon School District Introduction The case of Jeremy H., a minor, by his father and next friend, W.E....
Establishing Liability for Tortious Interference in At-Will Employment: Varrallo v. Hammond Incorporated

Establishing Liability for Tortious Interference in At-Will Employment: Varrallo v. Hammond Incorporated

Date: Sep 7, 1996
Establishing Liability for Tortious Interference in At-Will Employment: Varrallo v. Hammond Incorporated Introduction The case of Philip Varrallo v. Hammond Incorporated; William Abel (94 F.3d 842)...
Enhanced Fiduciary Disclosure Obligations Under ERISA: Insights from Glaziers and Glassworkers Union Local No. 252 v. Janney Montgomery Scott, Inc.

Enhanced Fiduciary Disclosure Obligations Under ERISA: Insights from Glaziers and Glassworkers Union Local No. 252 v. Janney Montgomery Scott, Inc.

Date: Aug 29, 1996
Enhanced Fiduciary Disclosure Obligations Under ERISA: Insights from Glaziers and Glassworkers Union Local No. 252 v. Janney Montgomery Scott, Inc. Introduction The case of Glaziers and Glassworkers...
Affirming Non-Disability Status: Moderate Mobility Limitations Do Not Constitute a Disability Under ADA

Affirming Non-Disability Status: Moderate Mobility Limitations Do Not Constitute a Disability Under ADA

Date: Aug 24, 1996
Affirming Non-Disability Status: Moderate Mobility Limitations Do Not Constitute a Disability Under ADA Introduction The case of Francis J. Kelly v. Drexel University, decided by the United States...
Mellon Bank v. Official Committee of Unsecured Creditors: Establishing Standards for Constructively Fraudulent Transfers in Bankruptcy

Mellon Bank v. Official Committee of Unsecured Creditors: Establishing Standards for Constructively Fraudulent Transfers in Bankruptcy

Date: Aug 2, 1996
Mellon Bank v. Official Committee of Unsecured Creditors: Establishing Standards for Constructively Fraudulent Transfers in Bankruptcy Introduction The case of Mellon Bank, N.A. v. Official Committee...
Marzano v. Computer Science Corp.: Pioneering Standards in Employment Discrimination During Workforce Reductions

Marzano v. Computer Science Corp.: Pioneering Standards in Employment Discrimination During Workforce Reductions

Date: Aug 1, 1996
Marzano v. Computer Science Corp.: Pioneering Standards in Employment Discrimination During Workforce Reductions Introduction In the landmark case of Marzano v. Computer Science Corp. (1996), the...
Dischargeability of Tax Debts in Chapter 13 Bankruptcy Amid Prepetition Fraud: Insights from In re Lilley

Dischargeability of Tax Debts in Chapter 13 Bankruptcy Amid Prepetition Fraud: Insights from In re Lilley

Date: Aug 1, 1996
Dischargeability of Tax Debts in Chapter 13 Bankruptcy Amid Prepetition Fraud: Insights from In re Lilley Introduction The case of In re: Ernest R. Lilley, Jr., Debtor, adjudicated by the United...
Establishing the Doctrine of Equitable Mootness in Bankruptcy Appeals: In Re Continental Airlines

Establishing the Doctrine of Equitable Mootness in Bankruptcy Appeals: In Re Continental Airlines

Date: Aug 1, 1996
Establishing the Doctrine of Equitable Mootness in Bankruptcy Appeals: In Re Continental Airlines 1. Introduction The case of In Re Continental Airlines (91 F.3d 553) presents a pivotal moment in the...
Reversal of Summary Judgment in Malicious Prosecution Claim: Hilfirty & Miller v. Shipman et al.

Reversal of Summary Judgment in Malicious Prosecution Claim: Hilfirty & Miller v. Shipman et al.

Date: Aug 1, 1996
Reversal of Summary Judgment in Malicious Prosecution Claim: Hilfirty & Miller v. Shipman et al. Introduction In the landmark case of Hilfirty & Miller v. Shipman et al., the United States Court of...
Issue Preclusion and Employment Discrimination: Insights from Dici v. Commonwealth of Pennsylvania

Issue Preclusion and Employment Discrimination: Insights from Dici v. Commonwealth of Pennsylvania

Date: Aug 1, 1996
Issue Preclusion and Employment Discrimination: Insights from Dici v. Commonwealth of Pennsylvania Introduction Judith S. Dici filed a lawsuit against the Commonwealth of Pennsylvania, including the...
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