3d Circuit Case Commentaries

Federal Bankruptcy Law Does Not Preempt New Jersey's Restriction on Assigning Pre-Judgment Tort Claims

Date: Aug 23, 1997

Federal Bankruptcy Law Does Not Preempt New Jersey's Restriction on Assigning Pre-Judgment Tort Claims Introduction The case of Integrated Solutions, Inc. v. Service Support Specialties, Inc....

Schonewolf v. Callahan: Reinforcing the Importance of Substantial Evidence in Disability Determinations

Date: Aug 23, 1997

Schonewolf v. Callahan: Reinforcing the Importance of Substantial Evidence in Disability Determinations Introduction In the landmark case of Schonewolf v. Callahan, the United States District Court...

Establishing New Precedents in Ex Post Facto and Due Process Protections under Megan's Law: A Comprehensive Analysis

Date: Aug 21, 1997

Establishing New Precedents in Ex Post Facto and Due Process Protections under Megan's Law: A Comprehensive Analysis Introduction The case of E.B. v. Peter Verniero, Attorney General of the State of...

Political Discrimination in Public Employment: Insights from Stephens v. Kerrigan

Date: Aug 13, 1997

Political Discrimination in Public Employment: Insights from Stephens v. Kerrigan Introduction The case of Stephens et al. v. Kerrigan et al., adjudicated by the United States Court of Appeals for...

Rogers v. Pennsylvania State Police: Clarification on Qualified Immunity and Unlawful Arrest

Date: Aug 12, 1997

Rogers v. Pennsylvania State Police: Clarification on Qualified Immunity and Unlawful Arrest Introduction Rogers v. Pennsylvania State Police, 120 F.3d 446 (3d Cir. 1997), is a significant case that...

Revisiting the Reasonable Expectations Doctrine: Insights from Reliance Insurance Co. v. Moessner

Date: Aug 6, 1997

Revisiting the Reasonable Expectations Doctrine: Insights from Reliance Insurance Company v. Mark Moessner and Marcia Moessner Introduction The case of Reliance Insurance Company v. Mark Moessner and...

Standing Requirements under the Clean Water Act: PIRG v. Magnesium Elektron

Date: Aug 6, 1997

Standing Requirements under the Clean Water Act: PIRG v. Magnesium Elektron Introduction In the landmark case Public Interest Research Group of New Jersey, Inc.; Friends of the Earth New Jersey...

Third Circuit Upholds Extended Ballot Access Deadlines to Protect Alternative Political Parties’ Constitutional Rights

Date: Aug 5, 1997

Third Circuit Upholds Extended Ballot Access Deadlines to Protect Alternative Political Parties’ Constitutional Rights Introduction In the landmark case Council of Alternative Political Parties et...

Deliberate Indifference Standards Affirmed in Wilson v. Horn

Date: Aug 2, 1997

Deliberate Indifference Standards Affirmed in Wilson v. Horn Introduction Richard Wilson, a general population inmate at SCI-Frackville, Pennsylvania, filed a § 1983 action against individual prison...

Stewart v. Rutgers: Establishing the Importance of Grievance Evidence in Racial Discrimination Tenure Claims

Date: Jul 26, 1997

Stewart v. Rutgers: Establishing the Importance of Grievance Evidence in Racial Discrimination Tenure Claims Introduction Janice P. Stewart, a black Assistant Professor at Rutgers University's...

Smith v. Horn (1997): Due Process and Jury Instruction Clarity in Accomplice Liability for First-Degree Murder

Date: Jul 25, 1997

Smith v. Horn (1997): Due Process and Jury Instruction Clarity in Accomplice Liability for First-Degree Murder Introduction Smith v. Horn, 120 F.3d 400 (3d Cir. 1997), is a significant appellate...

Enforcement of Broad Forum Selection Clauses: Insights from Wyeth v. CIGNA

Date: Jul 24, 1997

Enforcement of Broad Forum Selection Clauses: Insights from Wyeth v. CIGNA Introduction The case of John Wyeth & Brother Limited v. CIGNA International Corporation, decided by the United States Court...

Impact of AEDPA on Successive 2255 Motions: Analysis of IN RE: OCSULIS DORSAINVIL

Date: Jul 24, 1997

Impact of AEDPA on Successive 2255 Motions: Analysis of In Re: Ocsulis Dorsainvil Introduction Case Title: IN RE: OCSULIS DORSAINVIL, PETITIONER (119 F.3d 245) Court: United States Court of Appeals,...

Revisiting Qualified Immunity and the Knock-and-Announce Rule: Insights from Kornegay v. Wilmington Police

Date: Jul 24, 1997

Revisiting Qualified Immunity and the Knock-and-Announce Rule: Insights from Kornegay v. City of Wilmington Introduction The case of Kornegay v. City of Wilmington (120 F.3d 392, United States Court...

Limits on Judicial Inherent Powers in Imposing Sanctions: Insights from In Re Tutu Wells Contamination Litigation

Date: Jul 23, 1997

Limits on Judicial Inherent Powers in Imposing Sanctions: Insights from In Re Tutu Wells Contamination Litigation Introduction The case of In Re: Tutu Wells Contamination Litigation serves as a...

Supervisor Liability in Sexual Harassment: Insights from Robinson v. City of Pittsburgh

Date: Jul 15, 1997

Supervisor Liability in Sexual Harassment: Insights from Robinson v. City of Pittsburgh Introduction In the seminal case Robinson v. City of Pittsburgh, the United States Court of Appeals for the...

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....

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