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  • Commentaries
  • Judgments

3d Circuit Case Commentaries

Expanding the Scope of Continuing Violations in Hostile Work Environment Claims: Insights from West v. Philadelphia Electric Company

Expanding the Scope of Continuing Violations in Hostile Work Environment Claims: Insights from West v. Philadelphia Electric Company

Date: Jan 20, 1995
Expanding the Scope of Continuing Violations in Hostile Work Environment Claims: Insights from West v. Philadelphia Electric Company Introduction In James West v. Philadelphia Electric Company...
Third Circuit Affirms RICO Liability of Corporate Officers in Warranty Fraud Scheme

Third Circuit Affirms RICO Liability of Corporate Officers in Warranty Fraud Scheme

Date: Jan 19, 1995
Third Circuit Affirms RICO Liability of Corporate Officers in Warranty Fraud Scheme Introduction In the landmark case of Jaguar Cars, Inc. v. Royal Oaks Motor Car Company, Inc., the United States...
Kiewit Eastern Co. v. L R Construction Co.: Establishing Clear Indemnification Obligations

Kiewit Eastern Co. v. L R Construction Co.: Establishing Clear Indemnification Obligations

Date: Jan 11, 1995
Kiewit Eastern Co. v. L R Construction Co.: Establishing Clear Indemnification Obligations Introduction The case of Kiewit Eastern Co., Inc.; Kiewit/Perini, A Joint Venture, et al. v. L R...
Sempier v. Johnson Higgins: Reinforcing Pretextual Standards in ADEA Litigation and Upholding Proper Discovery Practices

Sempier v. Johnson Higgins: Reinforcing Pretextual Standards in ADEA Litigation and Upholding Proper Discovery Practices

Date: Jan 7, 1995
Sempier v. Johnson Higgins: Reinforcing Pretextual Standards in ADEA Litigation and Upholding Proper Discovery Practices Introduction In the landmark case of Burt N. Sempier v. Johnson Higgins,...
Balazik v. County of Dauphin: Establishing Federal Court Remand Standards in §1983 Tax Challenges

Balazik v. County of Dauphin: Establishing Federal Court Remand Standards in §1983 Tax Challenges

Date: Jan 6, 1995
Balazik v. County of Dauphin: Establishing Federal Court Remand Standards in §1983 Tax Challenges Introduction The case Balazik v. County of Dauphin, decided by the United States Court of Appeals for...
Limitation of Liability in Architectural Contracts: VALHAL CORP. v. SULLIVAN ASSOCIATES

Limitation of Liability in Architectural Contracts: VALHAL CORP. v. SULLIVAN ASSOCIATES

Date: Jan 4, 1995
Limitation of Liability in Architectural Contracts: VALHAL CORP. v. SULLIVAN ASSOCIATES Introduction The case of Valhal Corp. v. Sullivan Associates, Inc. centers on the enforceability of a...
Balancing Disparate Impact and Treatment in Age Discrimination: Comprehensive Analysis of Bally's Park Place, Inc. v. Maidenbaum and Fiore

Balancing Disparate Impact and Treatment in Age Discrimination: Comprehensive Analysis of Bally's Park Place, Inc. v. Maidenbaum and Fiore

Date: Dec 29, 1994
Balancing Disparate Impact and Treatment in Age Discrimination: Comprehensive Analysis of Bally's Park Place, Inc. v. Maidenbaum and Fiore Introduction The case of Martin Maidenbaum and Joseph A....
Affirmation of Whistleblower Protections and Guidelines for Front Pay: A Comprehensive Analysis of Feldman v. Philadelphia Housing Authority

Affirmation of Whistleblower Protections and Guidelines for Front Pay: A Comprehensive Analysis of Feldman v. Philadelphia Housing Authority

Date: Dec 23, 1994
Affirmation of Whistleblower Protections and Guidelines for Front Pay: A Comprehensive Analysis of Feldman v. Philadelphia Housing Authority Introduction The case of James C. Feldman v. The...
Reversing Summary Judgment in Age Discrimination: Insights from Torre v. Casio, Inc.

Reversing Summary Judgment in Age Discrimination: Insights from Torre v. Casio, Inc.

Date: Dec 22, 1994
Reversing Summary Judgment in Age Discrimination: Insights from Torre v. Casio, Inc. Introduction Torre v. Casio, Inc., 42 F.3d 825, adjudicated by the United States Court of Appeals for the Third...
Balancing Judicial Authority and International Comity: Limits on Enjoining Foreign Sovereign Conduct

Balancing Judicial Authority and International Comity: Limits on Enjoining Foreign Sovereign Conduct

Date: Dec 21, 1994
Balancing Judicial Authority and International Comity: Limits on Enjoining Foreign Sovereign Conduct Introduction The case of The Republic of the Philippines; National Power Corporation v....
Third Circuit Expands Class Certification for Systemic Child Welfare Failures under Rule 23(b)(2)

Third Circuit Expands Class Certification for Systemic Child Welfare Failures under Rule 23(b)(2)

Date: Dec 16, 1994
Third Circuit Expands Class Certification for Systemic Child Welfare Failures under Rule 23(b)(2) Introduction In the landmark case of Baby Neal et al. v. Robert P. Casey et al., the United States...
Clarifying 'Under Color of State Law' in §1983 Claims: Insights from Barna v. Perth Amboy

Clarifying 'Under Color of State Law' in §1983 Claims: Insights from Barna v. Perth Amboy

Date: Dec 15, 1994
Clarifying "Under Color of State Law" in §1983 Claims: Insights from Barna v. Perth Amboy Introduction Barna v. City of Perth Amboy et al. is a pivotal case decided by the United States Court of...
Agency Principles in Section 43(a) Liability Under the Lanham Act

Agency Principles in Section 43(a) Liability Under the Lanham Act

Date: Dec 10, 1994
Agency Principles in Section 43(a) Liability Under the Lanham Act Introduction The case of American Telephone and Telegraph Company (AT&T) v. Winback and Conserve Program, Inc., Alphonse G. Inga...
Reaffirmation of Federal Supremacy in Interstate Lottery Sales: PIC-A-State PA, Inc. v. Commonwealth of Pennsylvania

Reaffirmation of Federal Supremacy in Interstate Lottery Sales: PIC-A-State PA, Inc. v. Commonwealth of Pennsylvania

Date: Dec 1, 1994
Reaffirmation of Federal Supremacy in Interstate Lottery Sales: PIC-A-State PA, Inc. v. Commonwealth of Pennsylvania Introduction The case of PIC-A-State PA, Inc.; Zack's Frozen Yogurt; Smitty's...
Himelwright v. United States: Admissibility of Firearms Evidence Under Rules 404(b) and 403

Himelwright v. United States: Admissibility of Firearms Evidence Under Rules 404(b) and 403

Date: Nov 26, 1994
Himelwright v. United States: Admissibility of Firearms Evidence Under Rules 404(b) and 403 Introduction In the case of United States of America v. Richard C. Himelwright, 42 F.3d 777 (3d Cir. 1994),...
Timeliness Requirements for Reimbursement Claims under the Individuals with Disabilities Education Act: Bernardsville Board of Education v. J.H.

Timeliness Requirements for Reimbursement Claims under the Individuals with Disabilities Education Act: Bernardsville Board of Education v. J.H.

Date: Nov 23, 1994
Timeliness Requirements for Reimbursement Claims under the Individuals with Disabilities Education Act: Bernardsville Board of Education v. J.H. Introduction Bernardsville Board of Education v. J.H....
Freedom of Speech vs. Anti-Discrimination Amendments: Presbytery of New Jersey v. Florio

Freedom of Speech vs. Anti-Discrimination Amendments: Presbytery of New Jersey v. Florio

Date: Nov 17, 1994
Freedom of Speech vs. Anti-Discrimination Amendments: Presbytery of New Jersey v. Florio Introduction Presbytery of New Jersey of the Orthodox Presbyterian Church, along with the Calvary Orthodox...
Inherent Distinctiveness in Product Configurations under the Lanham Act

Inherent Distinctiveness in Product Configurations under the Lanham Act

Date: Nov 16, 1994
Inherent Distinctiveness in Product Configurations under the Lanham Act Introduction DURACO PRODUCTS, INC., APPELLANT, v. JOY PLASTIC ENTERPRISES, LTD., D/B/A BACKYARD PRODUCTS; TRAVIS PRODUCTS, INC....
Establishing Constructive Trusts for Withheld Taxes in Bankruptcy: Insights from City of Farrell v. Sharon Steel Corp.

Establishing Constructive Trusts for Withheld Taxes in Bankruptcy: Insights from City of Farrell v. Sharon Steel Corp.

Date: Nov 16, 1994
Establishing Constructive Trusts for Withheld Taxes in Bankruptcy: Insights from City of Farrell v. Sharon Steel Corporation Introduction The case of City of Farrell v. Sharon Steel Corporation,...
Enforcement of Contractual Indemnity Clauses under Choice of Law: Kruzits v. Okuma Machine Tool et al.

Enforcement of Contractual Indemnity Clauses under Choice of Law: Kruzits v. Okuma Machine Tool et al.

Date: Nov 16, 1994
Enforcement of Contractual Indemnity Clauses under Choice of Law: Kruzits v. Okuma Machine Tool et al. Introduction The case of Charles Sean Kruzits and Mary Kruzits v. Okuma Machine Tool, Inc.;...
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