3d Circuit Case Commentaries

Federal Abstention in Administrative Proceedings: Analysis of O'Neill and Goodman v. City of Philadelphia

Date: Aug 6, 1994

Federal Abstention in Administrative Proceedings: Analysis of O'Neill and Goodman v. City of Philadelphia Introduction The case of John O'Neill and Samuel R. Goodman v. City of Philadelphia addressed...

Clarifying Prosecutorial Immunity: Distinguishing Absolute and Qualified Immunity in Investigatory Conduct

Date: Aug 5, 1994

Clarifying Prosecutorial Immunity: Distinguishing Absolute and Qualified Immunity in Investigatory Conduct Introduction The case of James J. Giuffre v. Nicholas Bissell et al., decided by the United...

Consumer Fraud Act Applicability in Franchise Transactions: Insights from J R Ice Cream Corp. v. California Smoothie Licensing Corp.

Date: Aug 5, 1994

Consumer Fraud Act Applicability in Franchise Transactions: Insights from J R Ice Cream Corp. v. California Smoothie Licensing Corp. Introduction J R Ice Cream Corporation v. California Smoothie...

Fuentes v. Perskie: Establishing Standards for Summary Judgment in Title VII Discrimination Claims

Date: Aug 2, 1994

Fuentes v. Perskie: Establishing Standards for Summary Judgment in Title VII Discrimination Claims Introduction In Fuentes v. Perskie, 32 F.3d 759 (3rd Cir. 1994), the United States Court of Appeals...

Armbruster Group v. Unisys: Third Circuit Expands Pretext Theory in ADEA Age Discrimination

Date: Aug 2, 1994

Armbruster Group v. Unisys: Third Circuit Expands Pretext Theory in ADEA Age Discrimination Introduction In Armbruster Group v. Unisys Corporation (32 F.3d 768, 3d Cir. 1994), the United States Court...

United States v. Reilly and Dowd: Admissibility of Radiotelegrams and False Declarations

Date: Jul 29, 1994

United States v. Reilly and Dowd: Admissibility of Radiotelegrams and False Declarations Introduction In the case of United States of America v. William P. Reilly, Appellant and United States of...

Fraud in Execution Defense in Collective Bargaining: Third Circuit's Ruling in United Mine Workers v. Fawn Mining Corporation

Date: Jul 26, 1994

Fraud in Execution Defense in Collective Bargaining: Third Circuit's Ruling in United Mine Workers v. Fawn Mining Corporation Introduction The case of JOSEPH P. CONNORS, SR.; DONALD E. PIERCE; et al....

Establishing Reverse Confusion as a Basis for Trademark Infringement under the Lanham Act: Fisons Horticulture, Inc. v. Vigoro Industries, Inc.

Date: Jul 23, 1994

Establishing Reverse Confusion as a Basis for Trademark Infringement under the Lanham Act: Fisons Horticulture, Inc. v. Vigoro Industries, Inc. Introduction The case of Fisons Horticulture, Inc. v....

San Filippo v. Rutgers University: Retaliatory Dismissal and First Amendment Protections

Date: Jul 22, 1994

San Filippo v. Rutgers University: Retaliatory Dismissal and First Amendment Protections Introduction San Filippo v. Rutgers University is a landmark case adjudicated by the United States Court of...

Reinstatement of PBGC’s Claims: A New Precedent on Dismissal for Lack of Prosecution

Date: Jul 16, 1994

Reinstatement of PBGC’s Claims: A New Precedent on Dismissal for Lack of Prosecution Introduction The case Gustav A. Adams; Andrew F. Dopkins; and Robert Malcolm, Deceased, by His Executrix Lillian...

Preclusive Role of §8-319(d) in Preventing Premature Rule 12(b)(6) Dismissals

Date: Jul 8, 1994

Preclusive Role of §8-319(d) in Preventing Premature Rule 12(b)(6) Dismissals Introduction The case of ALA, Inc., A Maryland Corporation; Larry H. Schatz, an individual residing in, and a citizen of,...

Affirmation of Limited Duty for Business Invitees and Enforcement of Rule 15(c) in Amendment of Complaints

Date: Jul 7, 1994

Affirmation of Limited Duty for Business Invitees and Enforcement of Rule 15(c) in Amendment of Complaints Introduction In the case of Sidney Lundy; Claire Lundy, Appellants, v. Adamar of New Jersey,...

Enforcement of Preliminary Injunctions in Employment Disputes: Insights from Robin Woods Inc. v. Woods and Alexander Doll Company

Date: Jul 7, 1994

Enforcement of Preliminary Injunctions in Employment Disputes: Insights from Robin Woods Inc. v. Woods and Alexander Doll Company Introduction The case of Robin Woods Inc., a Pennsylvania Corporation...

Federal Government Liability under CERCLA: FMC Corporation v. U.S. Department of Commerce

Date: Jul 6, 1994

Federal Government Liability under CERCLA: FMC Corporation v. United States Department of Commerce Introduction The case of FMC Corporation v. United States Department of Commerce, decided by the...

Affirmative Defense Preserved Under FIRREA: Analysis of National Union Fire Insurance Co. of Pittsburgh v. City Savings Bank

Date: Jul 2, 1994

Affirmative Defense Preserved Under FIRREA: Analysis of National Union Fire Insurance Co. of Pittsburgh v. City Savings Bank Introduction The case of National Union Fire Insurance Company of...

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