3d Circuit Case Commentaries

Defining 'Punishment' in Megan's Law: Artway v. Attorney General of New Jersey

Date: Apr 13, 1996

Defining 'Punishment' in Megan's Law: Artway v. Attorney General of New Jersey Introduction In the landmark case Alexander A. Artway v. The Attorney General of the State of New Jersey, decided on...

Direct Purchaser Rule Reinforced in McCarthy v. Recordex Service, Inc.

Date: Apr 5, 1996

Direct Purchaser Rule Reinforced in McCarthy v. Recordex Service, Inc. Introduction In the landmark case of Mary Ruth McCarthy et al. v. Recordex Service, Inc. et al., the United States Court of...

Authority of the Bureau of Prisons in Sentence Computation: Chambers v. Hollands

Date: Apr 5, 1996

Authority of the Bureau of Prisons in Sentence Computation: Chambers v. Hollands Introduction Kim Chambers, an inmate at the United States Penitentiary-Allenwood in White Deer, Pennsylvania, filed a...

Miramax Licensing Practices and Antitrust Implications: A Comprehensive Analysis of Orson, Inc. v. Miramax Film Corp.

Date: Apr 2, 1996

Miramax Licensing Practices and Antitrust Implications: A Comprehensive Analysis of Orson, Inc. v. Miramax Film Corp. Introduction The case of Orson, Inc., D/B/A Roxy Screening Rooms v. Miramax Film...

Holbrook v. Lykes Bros.: Broadening the Scope of Expert Testimony Under Federal Rule 702

Date: Mar 22, 1996

Holbrook v. Lykes Bros.: Broadening the Scope of Expert Testimony Under Federal Rule 702 Introduction In the landmark case of Grace A. Holbrook, Administratrix of the Estate of John P. Holbrook v....

Defining Effective Assistance of Counsel in the Context of Juror Misconduct: Analysis of Government of the Virgin Islands v. William Weatherwax

Date: Mar 14, 1996

Defining Effective Assistance of Counsel in the Context of Juror Misconduct: Analysis of Government of the Virgin Islands v. William Weatherwax Introduction The case of Government of the Virgin...

Affirmation of 'Stay Put' Provision under IDEA in Drinker v. Colonial School District

Date: Mar 13, 1996

Affirmation of 'Stay Put' Provision under IDEA in Drinker v. Colonial School District Introduction The case of Drinker v. Colonial School District, adjudicated by the United States Court of Appeals...

Discharge of Unlisted Creditors in No-Asset Chapter 7 Bankruptcy Cases: Analysis of Judd v. Wolfe

Date: Mar 12, 1996

Discharge of Unlisted Creditors in No-Asset Chapter 7 Bankruptcy Cases: Analysis of Judd v. Wolfe Introduction The case of Susan Judd v. Lawrence Wolfe, adjudicated by the United States Court of...

Affirmation of Dismissal in Angst v. Royal Maccabees Life Insurance: Jurisdictional Considerations and Rule 19 Implications

Date: Feb 21, 1996

Affirmation of Dismissal in Angst v. Royal Maccabees Life Insurance: Jurisdictional Considerations and Rule 19 Implications Introduction The case of Robert Angst v. Royal Maccabees Life Insurance...

Eleventh Amendment Immunity in ADEA Claims Against State Employment Agencies

Date: Feb 17, 1996

Eleventh Amendment Immunity in ADEA Claims Against State Employment Agencies Introduction The case of Robert J. Blanciak et al. v. Allegheny Ludlum Corporation et al. addressed a pivotal question in...

Reconsideration of Judicial Vacatur in Rohrbach v. AT&T Nassau Metals Corp.

Date: Feb 16, 1996

Reconsideration of Judicial Vacatur in Rohrbach v. AT&T Nassau Metals Corp. Introduction The case of Sharon Rohrbach, et al. v. AT&T Nassau Metals Corp., et al. (915 F. Supp. 712, 1996), adjudicated...

Limits of Diversity Jurisdiction and Proper Removal of Territorial Eminent Domain Cases: An Analysis of Trustees of the Long Bay Trust v. Leo Francis et al.

Date: Feb 8, 1996

Limits of Diversity Jurisdiction and Proper Removal of Territorial Eminent Domain Cases: An Analysis of Trustees of the Long Bay Trust v. Leo Francis et al. Introduction Trustees of the Long Bay...

Reversing Rooker-Feldman and Younger: A New Precedent in Challenging Judicial Gag Orders

Date: Feb 2, 1996

Reversing Rooker-Feldman and Younger: A New Precedent in Challenging Judicial Gag Orders Introduction The case FOCUS, (For Our Children's Ultimate Safety), a Citizens' Advocacy Group; Jacqueline...

Affirmation of Dismissal Due to Lack of Specific Personal Jurisdiction in Vetrotex CertainTeed Corp. v. Consolidated Fiber Glass Products Co.

Date: Jan 27, 1996

Affirmation of Dismissal Due to Lack of Specific Personal Jurisdiction in Vetrotex CertainTeed Corp. v. Consolidated Fiber Glass Products Co. Introduction The case of Vetrotex CertainTeed Corporation...

Limitations on ADA Applicability to State Prisons Confirmed in Little v. Lycoming County

Date: Jan 19, 1996

Limitations on ADA Applicability to State Prisons Confirmed in Little v. Lycoming County Introduction In the case of Joyce D. Little v. Lycoming County, No. 4: CV-95-399, adjudicated by the United...

Clarifying Fiduciary Duties under ERISA: Third Circuit Vacates Unisys Summary Judgment on Prudence and Diversification Claims

Date: Jan 5, 1996

Clarifying Fiduciary Duties under ERISA: Third Circuit Vacates Unisys Summary Judgment on Prudence and Diversification Claims Introduction The case of In re: Unisys Savings Plan Litigation (74 F.3d...

Jurisdictional Boundaries for Trustee Actions in Bankruptcy Cases: Torkelsen v. Maggio

Date: Jan 5, 1996

Jurisdictional Boundaries for Trustee Actions in Bankruptcy Cases: Torkelsen v. Maggio Introduction Torkelsen v. Maggio, 72 F.3d 1171 (3d Cir. 1996), is a pivotal case in bankruptcy law that...

Recognizing Attendant Care as Allowable Expense Under Pennsylvania No-Fault Act

Date: Dec 30, 1995

Recognizing Attendant Care as Allowable Expense Under Pennsylvania No-Fault Act Introduction Travelers Insurance Company v. Lisa Ann Obusek, 72 F.3d 1148 (3d Cir. 1995), is a pivotal case addressing...

Reversing Judgment as a Matter of Law in Fourth Amendment Illegal Entry and Excessive Force Claims: Bodine v. Warwick et al.

Date: Dec 27, 1995

Reversing Judgment as a Matter of Law in Fourth Amendment Illegal Entry and Excessive Force Claims: Bodine v. Warwick et al. Introduction Bodine v. Warwick et al. is a pivotal case decided by the...

Discretionary Standards in Federal Interpleader Actions: Insights from NYLife Distributors, Inc. v. The Adherence Group, Inc.

Date: Dec 22, 1995

Discretionary Standards in Federal Interpleader Actions: Insights from NYLife Distributors, Inc. v. The Adherence Group, Inc. Introduction NYLife Distributors, Inc. v. The Adherence Group, Inc., 72...

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