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  • Commentaries
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3d Circuit Case Commentaries

Third Circuit Upholds Summary Judgment and Imposes Rule 38 Damages for Frivolous Appeal in Derivative Action Case

Third Circuit Upholds Summary Judgment and Imposes Rule 38 Damages for Frivolous Appeal in Derivative Action Case

Date: Oct 26, 1993
Third Circuit Upholds Summary Judgment and Imposes Rule 38 Damages for Frivolous Appeal in Derivative Action Case Introduction In the case of Mary Nagle et al. v. David E. Alspach et al. (8 F.3d 141,...
Third Circuit Overrules Barrowclough: Statutory ERISA Claims Now Arbitrable under FAA

Third Circuit Overrules Barrowclough: Statutory ERISA Claims Now Arbitrable under FAA

Date: Oct 16, 1993
Third Circuit Overrules Barrowclough: Statutory ERISA Claims Now Arbitrable under FAA Introduction In the landmark case ELI PRITZKER; SOL COOPERSTEIN; JACK LEVIN, as Trustees of PENN ELECTRIC SUPPLY...
Affirmation of the "Bespeaks Caution" Doctrine in Securities Litigation: In Re Donald J. Trump Casino Securities Litigation — Taj Mahal Litigation

Affirmation of the "Bespeaks Caution" Doctrine in Securities Litigation: In Re Donald J. Trump Casino Securities Litigation — Taj Mahal Litigation

Date: Oct 15, 1993
Affirmation of the "Bespeaks Caution" Doctrine in Securities Litigation: In Re Donald J. Trump Casino Securities Litigation — Taj Mahal Litigation Introduction The case of In Re Donald J. Trump...
ERISA Preemption and State Insurance Regulation: Insights from PAS v. Travelers Insurance Company

ERISA Preemption and State Insurance Regulation: Insights from PAS v. Travelers Insurance Company

Date: Oct 15, 1993
ERISA Preemption and State Insurance Regulation: Insights from PAS v. Travelers Insurance Company Introduction The case PAS v. Travelers Insurance Company delves into the intricate interplay between...
Erie v. Johnson: Enhancing Section 1983 Civil Rights Litigation Standards and Municipal Accountability

Erie v. Johnson: Enhancing Section 1983 Civil Rights Litigation Standards and Municipal Accountability

Date: Oct 8, 1993
Erie v. Johnson: Enhancing Section 1983 Civil Rights Litigation Standards and Municipal Accountability Introduction The case Erie v. Johnson (Civil Action No. 93-18 Erie) adjudicated by the United...
Establishing Comprehensive Standards for Appointment of Counsel under 28 U.S.C. §1915(d): Tabron v. Various Defendants

Establishing Comprehensive Standards for Appointment of Counsel under 28 U.S.C. §1915(d): Tabron v. Various Defendants

Date: Oct 6, 1993
Establishing Comprehensive Standards for Appointment of Counsel under 28 U.S.C. §1915(d): Tabron v. Various Defendants 1. Introduction Harvey Tabron, Appellant, a prisoner at the State Correctional...
ERISA Plan Transition and Equitable Estoppel: Analysis of Smith v. Hartford Insurance Group

ERISA Plan Transition and Equitable Estoppel: Analysis of Smith v. Hartford Insurance Group

Date: Oct 5, 1993
ERISA Plan Transition and Equitable Estoppel: Analysis of Smith v. Hartford Insurance Group Introduction Smith v. Hartford Insurance Group is a landmark case adjudicated by the United States Court of...
Establishing the Evidentiary Standard for Improper Motive in § 1983 Claims: Parkway Garage, Inc. v. City of Philadelphia

Establishing the Evidentiary Standard for Improper Motive in § 1983 Claims: Parkway Garage, Inc. v. City of Philadelphia

Date: Sep 23, 1993
Establishing the Evidentiary Standard for Improper Motive in § 1983 Claims: Parkway Garage, Inc. v. City of Philadelphia Introduction The case of Parkway Garage, Inc. v. The City of Philadelphia; The...
Establishing Boundaries of FOIA Exemptions: McDonnell v. United States Navy and DOJ

Establishing Boundaries of FOIA Exemptions: McDonnell v. United States Navy and DOJ

Date: Sep 22, 1993
Establishing Boundaries of FOIA Exemptions: McDonnell v. United States Navy and DOJ Introduction In the landmark case McDonnell v. United States Navy and Department of Justice, adjudicated by the...
The Ivy Overlap Antitrust Decision: A New Precedent in Higher Education Financial Aid Practices

The Ivy Overlap Antitrust Decision: A New Precedent in Higher Education Financial Aid Practices

Date: Sep 18, 1993
The Ivy Overlap Antitrust Decision: A New Precedent in Higher Education Financial Aid Practices Introduction In the landmark case The United States of America v. Brown University in Providence in the...
Lansford-Coaldale Joint Water Authority v. Tonolli Corp.: Clarifying CERCLA Liability Standards

Lansford-Coaldale Joint Water Authority v. Tonolli Corp.: Clarifying CERCLA Liability Standards

Date: Sep 18, 1993
Lansford-Coaldale Joint Water Authority v. Tonolli Corp.: Clarifying CERCLA Liability Standards Introduction The case of Lansford-Coaldale Joint Water Authority v. Tonolli Corporation addresses...
Third Circuit Reinforces Broad Probable Cause Standard in United States v. Conley

Third Circuit Reinforces Broad Probable Cause Standard in United States v. Conley

Date: Sep 17, 1993
Third Circuit Reinforces Broad Probable Cause Standard in United States v. Conley Introduction United States of America v. John F. "Duffy" Conley et al., 4 F.3d 1200 (3d Cir. 1993), is a landmark...
Affirmation of Mortgagees' Rights to Rents in Bankruptcy: Commerce Bank v. Mountain View Village

Affirmation of Mortgagees' Rights to Rents in Bankruptcy: Commerce Bank v. Mountain View Village

Date: Sep 15, 1993
Affirmation of Mortgagees' Rights to Rents in Bankruptcy: Commerce Bank v. Mountain View Village Introduction The case of Commerce Bank; Harris Savings Association v. Mountain View Village, Inc.;...
Establishing Limits of Specific Jurisdiction in Venue Transfers: SUNBELT Corp. v. Noble Denton Associates

Establishing Limits of Specific Jurisdiction in Venue Transfers: SUNBELT Corp. v. Noble Denton Associates

Date: Sep 15, 1993
Establishing Limits of Specific Jurisdiction in Venue Transfers: SUNBELT Corp. v. Noble Denton Associates Introduction The case of Sunbelt Corporation; Sunbelt Enterprises; CEMEX, S.A.; and Eagle...
Tortious Interference and Contractual Breach: Comprehensive Analysis of Lightning Lube v. Witco

Tortious Interference and Contractual Breach: Comprehensive Analysis of Lightning Lube v. Witco

Date: Sep 11, 1993
Tortious Interference and Contractual Breach: Comprehensive Analysis of Lightning Lube v. Witco Introduction The case of Lightning Lube, Inc. t/a Laser Lube v. Witco Corporation, adjudicated by the...
Establishing Precedent on ERISA Section 204(g) for Employee Transitions to Successor Employers

Establishing Precedent on ERISA Section 204(g) for Employee Transitions to Successor Employers

Date: Sep 8, 1993
Establishing Precedent on ERISA Section 204(g) for Employee Transitions to Successor Employers Introduction The case of Gillis and Sargeni v. Hoechst Celanese Corporation et al. serves as a pivotal...
Prejudicial Jury Exposure: Waldorf v. Borough of Kenilworth

Prejudicial Jury Exposure: Waldorf v. Borough of Kenilworth

Date: Sep 2, 1993
Prejudicial Jury Exposure: Waldorf v. Borough of Kenilworth Introduction In the landmark case Waldorf v. Borough of Kenilworth, decided by the United States Court of Appeals for the Third Circuit in...
Strengthening Remedies for Intra-Jury Misconduct: Insights from United States v. Hidalgo and Cepeda

Strengthening Remedies for Intra-Jury Misconduct: Insights from United States v. Hidalgo and Cepeda

Date: Aug 25, 1993
Strengthening Remedies for Intra-Jury Misconduct: Insights from United States v. Hidalgo and Cepeda Introduction In the landmark case United States of America v. Hidalgo and Cepeda, the United States...
Enhancements in Sentencing Guidelines for Child Pornography and Extraterritorial Application: United States v. Harvey

Enhancements in Sentencing Guidelines for Child Pornography and Extraterritorial Application: United States v. Harvey

Date: Aug 24, 1993
Enhancements in Sentencing Guidelines for Child Pornography and Extraterritorial Application: United States v. Harvey Introduction In the landmark case United States of America v. Andrew M. Harvey,...
Reliability of Anonymous Informants and the Good Faith Exception: Insights from United States v. Williams (1993)

Reliability of Anonymous Informants and the Good Faith Exception: Insights from United States v. Williams (1993)

Date: Aug 24, 1993
Reliability of Anonymous Informants and the Good Faith Exception: Insights from United States v. Williams (1993) Introduction The case of United States of America v. Dante Renault Williams et al. (3...
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