3d Circuit Case Commentaries

Balancing Confidentiality and Public Access: Insights from Pansy v. Borough of Stroudsburg

Date: May 3, 1994

Balancing Confidentiality and Public Access: Insights from Pansy v. Borough of Stroudsburg Case Details Case: JOHN A. PANSY, PLAINTIFF/APPELLEE, v. BOROUGH OF STROUDSBURG; HAROLD A. BENTZONI; KATHRYN...

Strict Interpretation of Article III Standing: Wheeler v. Travelers Sets Precedent in Insurance Recovery Claims

Date: Apr 30, 1994

Strict Interpretation of Article III Standing: Wheeler v. Travelers Insurance Co. Sets Precedent in Insurance Recovery Claims Introduction Wheeler v. Travelers Insurance Company, 22 F.3d 534 (3d Cir....

Independent Municipal Liability Affirmed for Substantive Due Process Violations in High-Speed Pursuit Cases

Date: Apr 30, 1994

Independent Municipal Liability Affirmed for Substantive Due Process Violations in High-Speed Pursuit Cases Introduction In the landmark case of FAGAN v. CITY OF VINELAND, decided by the United...

Seventh Amendment Jury Trial Rights in Bankruptcy-Related Malpractice Actions: Billing v. Ravin, Greenberg Zackin, P.A.

Date: Apr 21, 1994

Seventh Amendment Jury Trial Rights in Bankruptcy-Related Malpractice Actions: Billing v. Ravin, Greenberg Zackin, P.A. Introduction The case of Anders S. Billing; Diann E. Billing v. Ravin,...

Reversing Summary Judgment in Defamation Cases Involving Genuine Issues of Falsity and Actual Malice: St. Surin v. Virgin Islands Daily News

Date: Apr 16, 1994

Reversing Summary Judgment in Defamation Cases Involving Genuine Issues of Falsity and Actual Malice: St. Surin v. Virgin Islands Daily News Introduction In the landmark case of Gabriel St. Surin v....

Unconditional Right of Creditors' Committees to Intervene in Related Adversary Proceedings under § 1109(b)

Date: Apr 12, 1994

Unconditional Right of Creditors' Committees to Intervene in Related Adversary Proceedings under § 1109(b) Introduction The case of Phar-Mor, Inc. v. Coopers Lybrand is a pivotal judicial decision...

Third Circuit Reaffirms the Viability of §1986 Civil Rights Claims in the Context of Racial Unrest – Clark et al. v. Clabaugh et al.

Date: Apr 9, 1994

Third Circuit Reaffirms the Viability of §1986 Civil Rights Claims in the Context of Racial Unrest – Clark et al. v. Clabaugh et al. Introduction The case of Angel Clark; Melvin Thomas; Frederick...

No Expert Testimony Required for Emotional Distress in Section 1983 Claims: Analysis of Bolden v. SEPTA

Date: Apr 8, 1994

No Expert Testimony Required for Emotional Distress in Section 1983 Claims: Analysis of Bolden v. SEPTA Introduction BOLDEN v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY (21 F.3d 29),...

Reevaluation of § 212(c) Waiver Criteria in Deportation Proceedings: Tipu v. INS

Date: Apr 6, 1994

Reevaluation of § 212(c) Waiver Criteria in Deportation Proceedings: Tipu v. INS Introduction The case of Mohammad Zafar Tipu v. Immigration Naturalization Service (INS) is a landmark decision that...

Private Parties Acting Under Color of Law: Establishing Liability under Section 1983 for Confessed Judgments Enforcement

Date: Apr 1, 1994

Private Parties Acting Under Color of Law: Establishing Liability under Section 1983 for Confessed Judgments Enforcement Introduction This case involves a significant dispute between commercial...

Third Circuit Establishes Strict Standards for Waiver and Consent in Arbitration Jurisdiction

Date: Apr 1, 1994

Third Circuit Establishes Strict Standards for Waiver and Consent in Arbitration Jurisdiction 1. Introduction In the case of Manuel Kaplan; Carol Kaplan; MK Investments, Inc. v. First Options of...

Ensuring Effective Counsel in the Presence of Juror Misconduct: Analysis of Government v. Weatherwax

Date: Apr 1, 1994

Ensuring Effective Counsel in the Presence of Juror Misconduct: Analysis of Government of the Virgin Islands v. Weatherwax Introduction Government of the Virgin Islands v. William Weatherwax, 20 F.3d...

Marks v. Stinson: Upholding Electoral Integrity and Federal Oversight in Election Disputes

Date: Mar 17, 1994

Marks v. Stinson: Upholding Electoral Integrity and Federal Oversight in Election Disputes Introduction Marks v. Stinson is a landmark decision by the United States Court of Appeals for the Third...

Rhone-Poulenc Rorer Pharmaceuticals v. Johnson-Merck: Affirmation of Non-Misleading Advertising Claims under the Lanham Act

Date: Mar 16, 1994

Rhone-Poulenc Rorer Pharmaceuticals v. Johnson-Merck: Affirmation of Non-Misleading Advertising Claims under the Lanham Act Introduction The landmark case Johnson Johnson-Merck Consumer...

Harmless Error Analysis for Unconstitutional Jury Instructions: Kontakis v. Beyer

Date: Mar 12, 1994

Harmless Error Analysis for Unconstitutional Jury Instructions: Kontakis v. Beyer Introduction The case of Nicholas Kontakis v. Howard L. Beyer; Attorney General of the State of New Jersey, Robert J....

Enhanced Interpretation of 'Ordinary Business Terms' in Bankruptcy Preferences: Fiber Lite Corp. v. Molded Acoustical Products Inc.

Date: Mar 12, 1994

Enhanced Interpretation of 'Ordinary Business Terms' in Bankruptcy Preferences: Fiber Lite Corp. v. Molded Acoustical Products Inc. Introduction Fiber Lite Corporation (Appellant) appealed a decision...

Establishing a Market-Oriented Standard for Paralegal Compensation in Bankruptcy Fee Applications

Date: Mar 12, 1994

Establishing a Market-Oriented Standard for Paralegal Compensation in Bankruptcy Fee Applications Introduction The case of In re Busy Beaver Building Centers, Inc. Kirkpatrick Lockhart, Appellant...

Facial Unconstitutionality of Content-Based Exceptions in Outdoor Advertising Regulations: Rappa v. New Castle County

Date: Mar 12, 1994

Facial Unconstitutionality of Content-Based Exceptions in Outdoor Advertising Regulations: Rappa v. New Castle County Introduction In Rappa v. New Castle County, the United States Court of Appeals...

Comprehensive Commentary on Grimes v. Vitalink Communications: State Courts' Authority to Release Exclusive Federal Claims

Date: Mar 10, 1994

State Courts' Authority to Release Exclusive Federal Claims: An Analysis of Grimes v. Vitalink Communications Introduction Grimes v. Vitalink Communications Corporation, 17 F.3d 1553 (3d Cir. 1994),...

Dual Utilization of Felony Murder in Capital Sentencing: A Comprehensive Analysis of Deputy v. Taylor

Date: Mar 4, 1994

Dual Utilization of Felony Murder in Capital Sentencing: A Comprehensive Analysis of Deputy v. Taylor Introduction Deputy v. Taylor is a significant case adjudicated by the United States Court of...

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