3d Circuit Case Commentaries

Disallowance of Attorneys' Fees for Public Relations Efforts in Contempt Proceedings: Insights from Halderman v. Pennhurst State School Hospital

Date: Mar 3, 1995

Disallowance of Attorneys' Fees for Public Relations Efforts in Contempt Proceedings: Insights from Halderman v. Pennhurst State School Hospital Introduction The case of Halderman v. Pennhurst State...

Section 301 LMRA Does Not Preempt State Contract and Tort Claims Independent of Collective Bargaining Agreements

Date: Mar 1, 1995

Section 301 LMRA Does Not Preempt State Contract and Tort Claims Independent of Collective Bargaining Agreements Introduction In the case of Trans Penn Wax Corporation; Astor Wax Corporation; ABI...

Finality in Remand Orders: Non-Reviewable under 28 U.S.C. § 1447(d)

Date: Feb 25, 1995

Finality in Remand Orders: Non-Reviewable under 28 U.S.C. § 1447(d) Introduction The appellate case of Liberty Mutual Insurance Company and Liberty Mutual Fire Insurance Company v. Ward Trucking...

Clarifying ADEA Compliance in Severance Agreements: Analysis of John DiBiase v. SmithKline Beecham Corporation

Date: Feb 17, 1995

Clarifying ADEA Compliance in Severance Agreements: Analysis of John DiBiase v. SmithKline Beecham Corporation Introduction In John DiBiase v. SmithKline Beecham Corporation, the United States Court...

Gromans v. Township of Manalapan: Appellate Clarifications on Excessive Force and State Action under § 1983

Date: Feb 17, 1995

Gromans v. Township of Manalapan: Appellate Clarifications on Excessive Force and State Action under § 1983 Introduction In the landmark case of Gromans v. Township of Manalapan, the United States...

Third Circuit Reaffirms Likelihood of Confusion Standard in Product Configuration Trade Dress Infringement

Date: Feb 16, 1995

Third Circuit Reaffirms Likelihood of Confusion Standard in Product Configuration Trade Dress Infringement Introduction In the landmark case of VERSA PRODUCTS COMPANY, INC., APPELLEE, v. BIFOLD...

Enforcement of Consent Decrees and Civil Contempt: Insights from Martin v. City of Philadelphia

Date: Feb 16, 1995

Enforcement of Consent Decrees and Civil Contempt: Insights from Martin v. City of Philadelphia Introduction The case of Martin Harris et al. v. The City of Philadelphia centers on a class-action...

Limits of §1983 Claims in Federal Prisons: Qualified Immunity and Verbal Threats in MacLean v. Secor and McNabb

Date: Feb 15, 1995

Limits of §1983 Claims in Federal Prisons: Qualified Immunity and Verbal Threats in MacLean v. Secor and McNabb Introduction John Arthur MacLean v. T.J. Secor and Pat McNabb is a pivotal case decided...

State Law Supersedes Federal Common Law in Termination of Public Contracts: Insights from Linan-Faye Constr. Co. v. Housing Authority of Camden

Date: Feb 14, 1995

State Law Supersedes Federal Common Law in Termination of Public Contracts: Insights from Linan-Faye Constr. Co. v. Housing Authority of Camden Introduction The case of Linan-Faye Construction Co.,...

Tabas Estate v. Tabas: Affirming RICO’s Applicability in Prolonged Internal Business Fraud Schemes

Date: Feb 14, 1995

Tabas Estate v. Tabas: Affirming RICO’s Applicability in Prolonged Internal Business Fraud Schemes Introduction Tabas Estate v. Tabas et al. is a pivotal case adjudicated by the United States Court...

Inactive Corporations and Diversity Jurisdiction: Insights from MIDLANTIC NATIONAL BANK v. Hansen

Date: Feb 14, 1995

Inactive Corporations and Diversity Jurisdiction: Insights from MIDLANTIC NATIONAL BANK v. Hansen Introduction MIDLANTIC NATIONAL BANK, Apellee, v. E.F. Hansen, Jr.; G. Eileen Hansen; Hansen Bancorp,...

Enhancing Sovereign Immunity Protections: Beneficial Consumer Discount Co. v. Poltonowicz

Date: Feb 10, 1995

Enhancing Sovereign Immunity Protections: Beneficial Consumer Discount Co. v. Poltonowicz Introduction Beneficial Consumer Discount Company ("Beneficial") appealed a decision from the United States...

Third Circuit Clarifies Preemption under Medical Devices Amendments: Express Warranties and Fraud Claims Remain Actionable

Date: Feb 8, 1995

Third Circuit Clarifies Preemption under Medical Devices Amendments: Express Warranties and Fraud Claims Remain Actionable Introduction In the landmark case of Nina Michael, Appellant, v. Shiley,...

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3d Circuit Case Commentaries

Disallowance of Attorneys' Fees for Public Relations Efforts in Contempt Proceedings: Insights from Halderman v. Pennhurst State School Hospital

Section 301 LMRA Does Not Preempt State Contract and Tort Claims Independent of Collective Bargaining Agreements

Finality in Remand Orders: Non-Reviewable under 28 U.S.C. § 1447(d)

Clarifying ADEA Compliance in Severance Agreements: Analysis of John DiBiase v. SmithKline Beecham Corporation

Gromans v. Township of Manalapan: Appellate Clarifications on Excessive Force and State Action under § 1983

Third Circuit Reaffirms Likelihood of Confusion Standard in Product Configuration Trade Dress Infringement

Enforcement of Consent Decrees and Civil Contempt: Insights from Martin v. City of Philadelphia

Limits of §1983 Claims in Federal Prisons: Qualified Immunity and Verbal Threats in MacLean v. Secor and McNabb

State Law Supersedes Federal Common Law in Termination of Public Contracts: Insights from Linan-Faye Constr. Co. v. Housing Authority of Camden

Tabas Estate v. Tabas: Affirming RICO’s Applicability in Prolonged Internal Business Fraud Schemes

Inactive Corporations and Diversity Jurisdiction: Insights from MIDLANTIC NATIONAL BANK v. Hansen

Enhancing Sovereign Immunity Protections: Beneficial Consumer Discount Co. v. Poltonowicz

Third Circuit Clarifies Preemption under Medical Devices Amendments: Express Warranties and Fraud Claims Remain Actionable

Judicial Scrutiny on Grid Utilization in Disability Claims: Jesurum v. Secretary of HHS

Petrucelli v. Bohringer Ratzinger: Expanding Judicial Discretion in Service of Process under Rule 4(m)

ADA Title II Mandate for Integrated Care Settings: Analysis of ADAPT v. Snider

Limitations on Remand Under 28 U.S.C. §1441(c): Third Circuit Clarifies Jurisdictional Boundaries

Zehrbach and Mervis v. United States: Overruling DiLoreto's Per Se Reversal Rule in Bankruptcy Fraud Proceedings

Clarifying Burden of Proof in ADEA Age Discrimination Cases: Miller v. CIGNA

Supplemental Jurisdiction Limits in FLSA Cases: Lyon v. Whisman Associates