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3d Circuit Case Commentaries

Bankruptcy Trustee's Priority Over Unrecorded Equitable Liens: Establishing Precedence in New Jersey Law

Bankruptcy Trustee's Priority Over Unrecorded Equitable Liens: Establishing Precedence in New Jersey Law

Date: Mar 2, 1994
Bankruptcy Trustee's Priority Over Unrecorded Equitable Liens: Establishing Precedence in New Jersey Law Introduction The case of IN RE FRANK H. BRIDGE, D/B/A F.H. BRIDGE ASSOCIATES, DEBTOR versus...
Protection of Pre-Petition Lenders in Bankruptcy Superpriority Financing – In Re Swedeland Development Group, Inc.

Protection of Pre-Petition Lenders in Bankruptcy Superpriority Financing – In Re Swedeland Development Group, Inc.

Date: Feb 26, 1994
Protection of Pre-Petition Lenders in Bankruptcy Superpriority Financing – In Re Swedeland Development Group, Inc. Introduction The case of In Re Swedeland Development Group, Inc. pertains to a...
Active Operations Duty in Maritime Law: Insights from Davis v. Portline Transportes Maritime Internacional

Active Operations Duty in Maritime Law: Insights from Davis v. Portline Transportes Maritime Internacional

Date: Feb 23, 1994
Active Operations Duty in Maritime Law: Insights from Davis v. Portline Transportes Maritime Internacional Introduction Richard E. Davis and Priscilla Davis, employed by NorVal Cement Company, filed...
Limitations on Private Remedies Under the Right to Financial Privacy Act: Analysis of Waye v. First Citizen's National Bank

Limitations on Private Remedies Under the Right to Financial Privacy Act: Analysis of Waye v. First Citizen's National Bank

Date: Feb 5, 1994
Limitations on Private Remedies Under the Right to Financial Privacy Act: Analysis of Waye v. First Citizen's National Bank Introduction In the landmark case of Robert D. Waye and B. Joan Waye d/b/a...
Swineford v. Snyder County: Clarifying Issue Preclusion and Free Speech Balances in Employment Disputes

Swineford v. Snyder County: Clarifying Issue Preclusion and Free Speech Balances in Employment Disputes

Date: Feb 5, 1994
Swineford v. Snyder County: Clarifying Issue Preclusion and Free Speech Balances in Employment Disputes Introduction Swineford v. Snyder County is a significant appellate decision by the United...
Finality of Partial Summary Judgments Under Rule 54(b): Insights from Compton Press, Inc. v. Granada Investments, Inc.

Finality of Partial Summary Judgments Under Rule 54(b): Insights from Compton Press, Inc. v. Granada Investments, Inc.

Date: Feb 4, 1994
Finality of Partial Summary Judgments Under Rule 54(b): Insights from Compton Press, Inc. v. Granada Investments, Inc. Introduction The case of Compton Press, Inc. Employees' Profit Sharing...
Protecting the Sixth Amendment: United States v. Pelullo

Protecting the Sixth Amendment: United States v. Pelullo

Date: Jan 25, 1994
Protecting the Sixth Amendment: United States v. Pelullo Introduction In the landmark case United States of America v. Leonard A. Pelullo, decided by the United States Court of Appeals for the Third...
Political Affiliation as a Valid Criterion for Policymaking Positions: Analysis of PETERS v. DELAWARE RIVER PORT AUTHORITY

Political Affiliation as a Valid Criterion for Policymaking Positions: Analysis of PETERS v. DELAWARE RIVER PORT AUTHORITY

Date: Jan 21, 1994
Political Affiliation as a Valid Criterion for Policymaking Positions: Analysis of PETERS v. DELAWARE RIVER PORT AUTHORITY Introduction The case of Walter T. Peters, Jr. v. Delaware River Port...
Adherence to Appellate Mandates: Law of the Case in Casey v. Planned Parenthood of Southeastern Pennsylvania

Adherence to Appellate Mandates: Law of the Case in Casey v. Planned Parenthood of Southeastern Pennsylvania

Date: Jan 15, 1994
Adherence to Appellate Mandates: Law of the Case in Casey v. Planned Parenthood of Southeastern Pennsylvania Introduction Case: Robert P. Casey, Allan S. Noonan, and Ernest D. Preate, Jr. v. Planned...
Involuntariness of Confessions in Criminal Proceedings: A Commentary on United States of America v. Patrick William Swint

Involuntariness of Confessions in Criminal Proceedings: A Commentary on United States of America v. Patrick William Swint

Date: Jan 15, 1994
Involuntariness of Confessions in Criminal Proceedings: A Commentary on United States of America v. Patrick William Swint Introduction United States of America v. Patrick William Swint, 15 F.3d 286...
Emergency Exception to Exhaustion Doctrine in IDEA Cases: Komninos v. Upper Saddle River Board of Education

Emergency Exception to Exhaustion Doctrine in IDEA Cases: Komninos v. Upper Saddle River Board of Education

Date: Jan 13, 1994
Emergency Exception to Exhaustion Doctrine in IDEA Cases: Komninos v. Upper Saddle River Board of Education Introduction The case of Komninos v. Upper Saddle River Board of Education addresses a...
Retroactive Annulment of Automatic Stay in Chapter 13 Bankruptcy: Analysis of In re Siciliano

Retroactive Annulment of Automatic Stay in Chapter 13 Bankruptcy: Analysis of In re Siciliano

Date: Jan 12, 1994
Retroactive Annulment of Automatic Stay in Chapter 13 Bankruptcy: Analysis of In re Siciliano Introduction The case In re Leonard J. Siciliano, Debtor examines the interplay between bankruptcy...
Clarifying Conspiracy Charge Elements and Jury Instructions: A Comprehensive Analysis of United States v. James Price et al.

Clarifying Conspiracy Charge Elements and Jury Instructions: A Comprehensive Analysis of United States v. James Price et al.

Date: Jan 11, 1994
Clarifying Conspiracy Charge Elements and Jury Instructions: A Comprehensive Analysis of United States v. James Price et al. Introduction The case of United States of America v. James Price and...
Interpretation of the 'Small Newspaper' Exemption under FLSA: Gateway Press v. Reich

Interpretation of the 'Small Newspaper' Exemption under FLSA: Gateway Press v. Reich

Date: Jan 7, 1994
Interpretation of the 'Small Newspaper' Exemption under FLSA: Gateway Press v. Reich Introduction Gateway Press, Inc. v. Robert Reich, Secretary of Labor is a landmark case adjudicated by the United...
Limiting Spoliation Sanctions: Insights from ERIC SCHMID v. MILWAUKEE ELECTRIC TOOL CORPORATION

Limiting Spoliation Sanctions: Insights from ERIC SCHMID v. MILWAUKEE ELECTRIC TOOL CORPORATION

Date: Jan 4, 1994
Limiting Spoliation Sanctions: Insights from Eric Schmid v. Milwaukee Electric Tool Corporation Introduction Eric Schmid v. Milwaukee Electric Tool Corporation, 13 F.3d 76 (3d Cir. 1994), presents a...
Requiring Evidentiary Hearings for Rule 25(c) Successor Substitution When Material Facts Are Contested: Luxliner v. Sturgis

Requiring Evidentiary Hearings for Rule 25(c) Successor Substitution When Material Facts Are Contested: Luxliner v. Sturgis

Date: Dec 31, 1993
Requiring Evidentiary Hearings for Rule 25(c) Successor Substitution When Material Facts Are Contested: Luxliner v. Sturgis Introduction Luxliner P.L. Export, Co., P.L. Custom Body Equipment Co.,...
Bixler v. Central Pennsylvania Teamsters Health Welfare Fund: Establishing Direct ERISA Fiduciary Claims

Bixler v. Central Pennsylvania Teamsters Health Welfare Fund: Establishing Direct ERISA Fiduciary Claims

Date: Dec 29, 1993
Bixler v. Central Pennsylvania Teamsters Health Welfare Fund: Establishing Direct ERISA Fiduciary Claims Introduction Bixler v. Central Pennsylvania Teamsters Health Welfare Fund (12 F.3d 1292, 1993)...
Affirmation of RICO Enterprise Requirements and Business Record Admissibility Standards in Console v. United States

Affirmation of RICO Enterprise Requirements and Business Record Admissibility Standards in Console v. United States

Date: Dec 23, 1993
Affirmation of RICO Enterprise Requirements and Business Record Admissibility Standards in Console v. United States Introduction United States of America v. Richard P. Console, Appellant is a pivotal...
Defining 'Particular Social Group' and 'Persecution' in Asylum Claims: Insights from Parastoo Fatin v. INS

Defining 'Particular Social Group' and 'Persecution' in Asylum Claims: Insights from Parastoo Fatin v. INS

Date: Dec 21, 1993
Defining 'Particular Social Group' and 'Persecution' in Asylum Claims: Insights from Parastoo Fatin v. INS Introduction Parastoo Fatin v. Immigration Naturalization Service (INS), 12 F.3d 1233,...
Affirmation of Summary Judgment: Standards for Granting Reconsideration under Rule 60(b)(1)

Affirmation of Summary Judgment: Standards for Granting Reconsideration under Rule 60(b)(1)

Date: Dec 11, 1993
Affirmation of Summary Judgment: Standards for Granting Reconsideration under Rule 60(b)(1) Introduction The case of Michael and Mary Lorenzo v. Andrew Griffith; William Grogan, d/b/a Barnacle...
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