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  • Commentaries
  • Judgments

3d Circuit Case Commentaries

Judicial Estoppel in ADA Claims: Upholding Consistency and Integrity

Judicial Estoppel in ADA Claims: Upholding Consistency and Integrity

Date: Aug 1, 1996
Judicial Estoppel in ADA Claims: Upholding Consistency and Integrity Introduction The case of Leonard C. McNemar v. The Disney Store, Inc. presents a pivotal examination of the application of the...
Suspension of Rule 15(c)(3) Relation Back Period in In Forma Pauperis Complaints: Urrutia v. Harrisburg County Police Dept.

Suspension of Rule 15(c)(3) Relation Back Period in In Forma Pauperis Complaints: Urrutia v. Harrisburg County Police Dept.

Date: Jul 30, 1996
Suspension of Rule 15(c)(3) Relation Back Period in In Forma Pauperis Complaints: Urrutia v. Harrisburg County Police Dept. 1. Introduction In the landmark case of Donald Urrutia v. Harrisburg County...
Applicability of Professional Conduct Rules to Federal Prosecutors in Pre-Indictment Investigations Affirmed

Applicability of Professional Conduct Rules to Federal Prosecutors in Pre-Indictment Investigations Affirmed

Date: Jul 30, 1996
Applicability of Professional Conduct Rules to Federal Prosecutors in Pre-Indictment Investigations Affirmed Introduction The case of United States of America v. Richard Balter, Kenneth Cutler, and...
Reassignment Obligations under the Rehabilitation Act Post-1992 Amendments: Shiring v. Runyon

Reassignment Obligations under the Rehabilitation Act Post-1992 Amendments: Shiring v. Runyon

Date: Jul 27, 1996
Reassignment Obligations under the Rehabilitation Act Post-1992 Amendments: Shiring v. Runyon Introduction In the landmark case of Terry J. Shiring v. Marvin T. Runyon, Postmaster General, United...
New Precedent on Money Laundering and Hearsay Exceptions Established in United States v. Sokolow

New Precedent on Money Laundering and Hearsay Exceptions Established in United States v. Sokolow

Date: Jul 27, 1996
New Precedent on Money Laundering and Hearsay Exceptions Established in United States v. Sokolow Introduction United States of America v. Craig B. Sokolow, 91 F.3d 396 (3d Cir. 1996), is a landmark...
Dickerson v. Vaughn: Establishing New Precedents on Plea Voluntariness and Effective Assistance of Counsel

Dickerson v. Vaughn: Establishing New Precedents on Plea Voluntariness and Effective Assistance of Counsel

Date: Jul 25, 1996
Dickerson v. Vaughn: Establishing New Precedents on Plea Voluntariness and Effective Assistance of Counsel Introduction The case of Anthony Dickerson and Larry Meggett v. Donald T. Vaughn and other...
Reevaluation of Contract Termination in At-Will Agreements: Ideal Dairy Farms v. John Labatt

Reevaluation of Contract Termination in At-Will Agreements: Ideal Dairy Farms v. John Labatt

Date: Jul 25, 1996
Reevaluation of Contract Termination in At-Will Agreements: Ideal Dairy Farms v. John Labatt Introduction The case of Ideal Dairy Farms, Inc. v. John Labatt, Ltd. addresses critical issues...
Affirmation of Punitive Damages Under the New Jersey Law Against Discrimination: Gares v. Willingboro Township

Affirmation of Punitive Damages Under the New Jersey Law Against Discrimination: Gares v. Willingboro Township

Date: Jul 24, 1996
Affirmation of Punitive Damages Under the New Jersey Law Against Discrimination: Gares v. Willingboro Township United States Court of Appeals, Third Circuit, 1996 Introduction Gares v. Willingboro...
Establishing Municipal Custom in Police Use of Excessive Force Claims under Section 1983 – Beck v. City of Pittsburgh

Establishing Municipal Custom in Police Use of Excessive Force Claims under Section 1983 – Beck v. City of Pittsburgh

Date: Jul 23, 1996
Establishing Municipal Custom in Police Use of Excessive Force Claims under Section 1983 Beck v. City of Pittsburgh, 89 F.3d 966 (3d Cir. 1996) Introduction Robert Beck, a rehabilitation counselor...
Reevaluation of Insurance Policy Obligations under NL Industries v. Commercial Union Insurance Co.

Reevaluation of Insurance Policy Obligations under NL Industries v. Commercial Union Insurance Co.

Date: Jul 19, 1996
Reevaluation of Insurance Policy Obligations under NL Industries v. Commercial Union Insurance Co. Introduction The case of NL Industries, Inc. v. Commercial Union Insurance Company presents a...
Westinghouse Securities Litigation: Reinforcing Materiality and Pleading Standards under Federal Rules 8 and 9(b)

Westinghouse Securities Litigation: Reinforcing Materiality and Pleading Standards under Federal Rules 8 and 9(b)

Date: Jul 19, 1996
Westinghouse Securities Litigation: Reinforcing Materiality and Pleading Standards under Federal Rules 8 and 9(b) Introduction The United States Court of Appeals for the Third Circuit, in the case of...
Third Circuit Establishes Municipal Duty for Reasonable Accommodations Under FHAA

Third Circuit Establishes Municipal Duty for Reasonable Accommodations Under FHAA

Date: Jul 19, 1996
Third Circuit Establishes Municipal Duty for Reasonable Accommodations Under FHAA Introduction The case of Hovsons, Inc.; John Does v. Township of Brick addressed a pivotal issue concerning the...
Ambiguity in Termination Clauses of Top Hat ERISA Plans: Insights from In re New Valley Corporation

Ambiguity in Termination Clauses of Top Hat ERISA Plans: Insights from In re New Valley Corporation

Date: Jul 16, 1996
Ambiguity in Termination Clauses of Top Hat ERISA Plans: Insights from In re New Valley Corporation Introduction The case of In re: New Valley Corporation involves former executives and highly...
Exhaustion of State Remedies in Habeas Corpus: Burkett v. Love

Exhaustion of State Remedies in Habeas Corpus: Burkett v. Love

Date: Jul 13, 1996
Exhaustion of State Remedies in Habeas Corpus: Burkett v. Love Introduction Burkett v. Love, 89 F.3d 135 (3d Cir. 1996), is a significant case addressing the procedural prerequisites for federal...
Affirmation of Conspiracy and Fraud Convictions in Euro-American Money Fund Trust Case

Affirmation of Conspiracy and Fraud Convictions in Euro-American Money Fund Trust Case

Date: Jul 10, 1996
Affirmation of Conspiracy and Fraud Convictions in Euro-American Money Fund Trust Case Introduction The case of United States of America v. Ralph A. Anderskow, adjudicated by the United States Court...
Establishing the Preponderance Standard in Money Laundering Forfeiture and Scrutinizing Outrageous Government Conduct

Establishing the Preponderance Standard in Money Laundering Forfeiture and Scrutinizing Outrageous Government Conduct

Date: Jul 10, 1996
Establishing the Preponderance Standard in Money Laundering Forfeiture and Scrutinizing Outrageous Government Conduct Introduction In the landmark case of United States of America v. John Voigt, 89...
Reevaluating Attorney’s Fee Reductions: Insights from Washington v. Philadelphia County Court

Reevaluating Attorney’s Fee Reductions: Insights from Washington v. Philadelphia County Court

Date: Jul 10, 1996
Reevaluating Attorney’s Fee Reductions: Insights from Washington v. Philadelphia County Court Introduction Washington v. Philadelphia County Court of Common Pleas, 89 F.3d 1031 (3d Cir. 1996), serves...
Constructive Filing and Statute of Limitations: McDowell v. Delaware State Police

Constructive Filing and Statute of Limitations: McDowell v. Delaware State Police

Date: Jul 6, 1996
Constructive Filing and Statute of Limitations: McDowell v. Delaware State Police Introduction McDowell v. Delaware State Police is a significant appellate court decision rendered by the United...
Accrual of Section 1983 Claims Amidst Pending Prosecutions: The Smith v. Holtz Decision

Accrual of Section 1983 Claims Amidst Pending Prosecutions: The Smith v. Holtz Decision

Date: Jun 27, 1996
Accrual of Section 1983 Claims Amidst Pending Prosecutions: The Smith v. Holtz Decision Introduction The case of Jay C. Smith v. John J. Holtz, et al., adjudicated by the United States Court of...
Third Circuit Affirms County Liability for Discriminatory Personnel Decisions Made by County Prosecutor

Third Circuit Affirms County Liability for Discriminatory Personnel Decisions Made by County Prosecutor

Date: Jun 27, 1996
Third Circuit Affirms County Liability for Discriminatory Personnel Decisions Made by County Prosecutor Introduction In the landmark case of Barbara Coleman v. John Kaye et al., the United States...
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