3d Circuit Case Commentaries

Reaffirming the High Burden on Plaintiffs in Predatory Pricing Antitrust Claims: Advo v. PNI

Date: Apr 15, 1995

Reaffirming the High Burden on Plaintiffs in Predatory Pricing Antitrust Claims: Advo v. PNI Introduction The case Advo, Inc., Appellant v. Philadelphia Newspapers, Inc., d/b/a Philadelphia Inquirer;...

Follow the Fortunes Doctrine Affirmed: Reinsurer's Obligation to Indemnify Defense Costs

Date: Apr 14, 1995

Follow the Fortunes Doctrine Affirmed: Reinsurer's Obligation to Indemnify Defense Costs A Comprehensive Commentary on NORTH RIVER INSURANCE COMPANY v. CIGNA REINSURANCE COMPANY, 52 F.3d 1194 (3d...

MANDATE OF IMPARTIALITY: THIRD CIRCUIT REAFFIRMS STRICT RECUSAL STANDARDS

Date: Apr 13, 1995

Mandate of Impartiality: Third Circuit Reaffirms Strict Recusal Standards Introduction The case of United States of America v. Mitchell Antar marks a significant moment in judicial proceedings...

Defining Market Rates and Proper Fee Adjustments in Clean Water Act Litigation: Insights from PIRG v. Windall

Date: Apr 11, 1995

Defining Market Rates and Proper Fee Adjustments in Clean Water Act Litigation: Insights from PIRG v. Windall Introduction The case of Public Interest Research Group of New Jersey, Inc., Friends of...

Affirming State Actor Status for Volunteer Fire Companies under §1983: Mark v. Borough of Hatboro

Date: Apr 1, 1995

Affirming State Actor Status for Volunteer Fire Companies under §1983: Mark v. Borough of Hatboro Introduction In the case of John D. Mark v. Borough of Hatboro et al., decided by the United States...

Enhancing the Scope of 60-Day Notice Requirements in Clean Water Act Citizen Suits

Date: Apr 1, 1995

Enhancing the Scope of 60-Day Notice Requirements in Clean Water Act Citizen Suits Introduction The case of Public Interest Research Group of New Jersey, Inc., Friends of the Earth v. Hercules, Inc.,...

Enforcing Assignments in Environmental Remediation Insurance Claims: Continental Casualty Co. v. Diversified Industries

Date: Mar 28, 1995

Enforcing Assignments in Environmental Remediation Insurance Claims: Continental Casualty Co. v. Diversified Industries Introduction Continental Casualty Company and Transportation Insurance Company...

Non-Settling Defendants' Standing and Proportionate Judgment Reduction in Securities Class Action Settlements: Eichenholtz v. Brennan

Date: Mar 28, 1995

Non-Settling Defendants' Standing and Proportionate Judgment Reduction in Securities Class Action Settlements: Eichenholtz v. Brennan Introduction Eichenholtz v. Brennan, 52 F.3d 478 (3d Cir. 1995),...

Limiting Cross-Examination in Civil Rights Litigation: Insights from Douglas v. Owens

Date: Mar 25, 1995

Limiting Cross-Examination in Civil Rights Litigation: Insights from Douglas v. Owens Introduction In the landmark case of Andre Douglas v. David S. Owens et al., decided by the United States Court...

Defining Adverse Employment Action in Title VII Retaliation Claims: Nelson v. Upsala College

Date: Mar 25, 1995

Defining Adverse Employment Action in Title VII Retaliation Claims: Nelson v. Upsala College Introduction Nelson v. Upsala College, 51 F.3d 383 (3d Cir. 1995), is a pivotal case in understanding the...

Abrams v. Lightolier Inc.: Establishing Key Precedents in Age Discrimination Law

Date: Mar 25, 1995

Abrams v. Lightolier Inc.: Establishing Key Precedents in Age Discrimination Law Introduction Bernard Abrams v. Lightolier Inc. is a pivotal case decided by the United States Court of Appeals, Third...

Supervisory Liability and Warrant Particularity in Section 1983 Claims: Analysis of Baker v. Monroe Township

Date: Mar 23, 1995

Supervisory Liability and Warrant Particularity in Section 1983 Claims: Analysis of Baker v. Monroe Township Introduction Baker v. Monroe Township, 50 F.3d 1186 (3d Cir. 1995), is a pivotal case that...

Strict Deference to Labor Arbitration Awards Affirmed in United Transportation Union Local 1589 v. Suburban Transit Corp.

Date: Mar 17, 1995

Strict Deference to Labor Arbitration Awards Affirmed in United Transportation Union Local 1589 v. Suburban Transit Corp. Introduction The case of United Transportation Union Local 1589 v. Suburban...

Section 504 Accommodations in Nursing Home Admissions: Wagner v. Fair Acres Geriatric Center

Date: Mar 16, 1995

Section 504 Accommodations in Nursing Home Admissions: Wagner v. Fair Acres Geriatric Center Introduction Wagner v. Fair Acres Geriatric Center is a landmark case adjudicated by the United States...

Affirmation of Market-Driven Fee Determinations in Bankruptcy Proceedings: Zolfo, Cooper Co. v. Sunbeam-Oster Company

Date: Mar 15, 1995

Affirmation of Market-Driven Fee Determinations in Bankruptcy Proceedings Introduction In the case of Zolfo, Cooper Co. v. Sunbeam-Oster Company, Inc. (50 F.3d 253), the United States Court of...

Settlement Agreements Do Not Constitute Executory Contracts Under Bankruptcy Code § 365: The Columbia Gas System Inc. Case

Date: Mar 11, 1995

Settlement Agreements Do Not Constitute Executory Contracts Under Bankruptcy Code § 365: The Columbia Gas System Inc. Case Introduction The case of Enterprise Energy Corporation v. United States of...

Qualified Immunity Affirmed in MOVE Case: Comprehensive Commentary

Date: Mar 7, 1995

Qualified Immunity Affirmed in MOVE Case: Comprehensive Commentary Introduction The MOVE incident in Philadelphia on May 13, 1985, remains one of the most controversial confrontations between law...

Disallowance of Attorneys' Fees for Public Relations Efforts in Contempt Proceedings: Insights from Halderman v. Pennhurst State School Hospital

Date: Mar 3, 1995

Disallowance of Attorneys' Fees for Public Relations Efforts in Contempt Proceedings: Insights from Halderman v. Pennhurst State School Hospital Introduction The case of Halderman v. Pennhurst State...

Section 301 LMRA Does Not Preempt State Contract and Tort Claims Independent of Collective Bargaining Agreements

Date: Mar 1, 1995

Section 301 LMRA Does Not Preempt State Contract and Tort Claims Independent of Collective Bargaining Agreements Introduction In the case of Trans Penn Wax Corporation; Astor Wax Corporation; ABI...

Finality in Remand Orders: Non-Reviewable under 28 U.S.C. § 1447(d)

Date: Feb 25, 1995

Finality in Remand Orders: Non-Reviewable under 28 U.S.C. § 1447(d) Introduction The appellate case of Liberty Mutual Insurance Company and Liberty Mutual Fire Insurance Company v. Ward Trucking...

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