3d Circuit Case Commentaries

Equitable Estoppel in Freight Charges: Affirmation in EF Operating Corporation v. American Buildings et al.

Date: May 11, 1993

Equitable Estoppel in Freight Charges: Affirmation in EF Operating Corporation v. American Buildings et al. Introduction The case of EF Operating Corporation, T/A West Motor Freight of PA, v....

Fuhrmann v. East Hanover: Upholding the 'Reasonable Calculation' Standard for IEP Appropriateness under IDEA

Date: May 7, 1993

Fuhrmann v. East Hanover Board of Education: Upholding the 'Reasonable Calculation' Standard for IEP Appropriateness under IDEA Introduction In the case of Myron Fuhrmann; Perri Fuhrmann, on behalf...

Clarifying Constructive Discharge under the ADEA: Clowes v. Allegheny Valley Hospital

Date: Apr 24, 1993

Clarifying Constructive Discharge under the ADEA: Clowes v. Allegheny Valley Hospital Introduction The case of Janet G. Clowes v. Allegheny Valley Hospital (991 F.2d 1159) serves as a pivotal...

Merger Doctrine in Mortgage Foreclosure: In Re Stendardo

Date: Apr 10, 1993

Merger Doctrine in Mortgage Foreclosure: In Re Stendardo Introduction The case Anthony Stendardo; Loretta Stendardo v. Federal National Mortgage Association, 991 F.2d 1089 (3d Cir. 1993), presents a...

Preclusion of Civil Rights Claims Following Guilty Pleas: Analysis of Linnen v. Troopers

Date: Apr 10, 1993

Preclusion of Civil Rights Claims Following Guilty Pleas: Analysis of Linnen v. Troopers 1. Introduction Robert Jeffrey Linnen v. Troopers John Armainis et al. is a significant case adjudicated by...

Third Circuit Sets Precedent on Proper Calculation of Disgorgement in Commodity Futures Violations

Date: Apr 9, 1993

Third Circuit Sets Precedent on Proper Calculation of Disgorgement in Commodity Futures Violations Introduction In the landmark case Commodity Futures Trading Commission; State of New Jersey; State...

Gettysburg College Duty of Care to Recruited Intercollegiate Athletes: Third Circuit Reverses Summary Judgment

Date: Apr 1, 1993

Gettysburg College Duty of Care to Recruited Intercollegiate Athletes: Third Circuit Reverses Summary Judgment Introduction In the case of Kleinknecht v. Gettysburg College, the United States Court...

Balancing Speedy Trial Rights: Insights from Hakeem v. Beyer on the Sixth Amendment

Date: Apr 1, 1993

Balancing Speedy Trial Rights: Insights from Hakeem v. Beyer on the Sixth Amendment Introduction Hakeem v. Beyer, 990 F.2d 750 (3d Cir. 1993), is a pivotal case that delves into the complexities...

Tedford v. Hepting: Defining the Boundaries of §1983 Claims in the Context of Criminal Conviction Challenges

Date: Apr 1, 1993

Tedford v. Hepting: Defining the Boundaries of §1983 Claims in the Context of Criminal Conviction Challenges Introduction Tedford v. Hepting is a landmark decision by the United States Court of...

Deliberate Indifference to Prisoner Medical Needs: Analysis of Durmer v. O'Carroll

Date: Mar 31, 1993

Deliberate Indifference to Prisoner Medical Needs: Analysis of Durmer v. O'Carroll Introduction The case of Joel E. Durmer v. Dr. J. O'Carroll, M.D.; Robert C. Barker; William Fauver (991 F.2d 64)...

Determining Diversity Jurisdiction and Emotional Distress in Product Liability: Insights from Angus v. Shiley Inc.

Date: Mar 30, 1993

Determining Diversity Jurisdiction and Emotional Distress in Product Liability: Insights from Angus v. Shiley Inc. Introduction The case of Helen W. Angus, Appellant, v. Shiley Inc. (989 F.2d 142)...

Sawka v. Healtheast: Governing Procedural Timeliness and Enforcement of Settlement Agreements

Date: Mar 27, 1993

Sawka v. Healtheast: Governing Procedural Timeliness and Enforcement of Settlement Agreements Introduction Andrea Sawka v. Healtheast, Inc. and Richard Duncan, 989 F.2d 138 (3d Cir. 1993), is a...

Lukens Steel v. United Steelworkers: Arbitrability Confirmed and NLA's Jurisdiction Reinforced

Date: Mar 26, 1993

Lukens Steel v. United Steelworkers: Arbitrability Confirmed and NLA's Jurisdiction Reinforced Introduction Lukens Steel Company (hereafter referred to as "Lukens") appealed a decision by the United...

Enhancing the Scope of Bankruptcy Protection: Dischargeability of Educational Loan Debt for Non-Student Co-Obligors

Date: Mar 25, 1993

Enhancing the Scope of Bankruptcy Protection: Dischargeability of Educational Loan Debt for Non-Student Co-Obligors Introduction The case of In re Virginia M. Pelkowski serves as a pivotal judicial...

Reaffirming the Burden of Proof: Third Circuit Limits the 'True Doubt' Rule in Black Lung Cases

Date: Mar 24, 1993

Reaffirming the Burden of Proof: Third Circuit Limits the 'True Doubt' Rule in Black Lung Cases Introduction The case of Greenwich Collieries vs. Director, Office of Workers' Compensation Programs...

Third Circuit Clarifies 'Each Employee' in Collective Bargaining Agreements to Exclude Probationary Employees

Date: Mar 23, 1993

Third Circuit Clarifies 'Each Employee' in Collective Bargaining Agreements to Exclude Probationary Employees Introduction In the landmark case IN RE TEAMSTERS INDUSTRIAL EMPLOYEES WELFARE FUND v....

Ensuring Reliability in Sentencing: The Miele Case and the Standards for Drug Quantity Evidence

Date: Mar 23, 1993

Ensuring Reliability in Sentencing: The Miele Case and the Standards for Drug Quantity Evidence Introduction The sentencing phase of criminal proceedings plays a critical role in determining the...

Third Circuit Establishes Stricter Standards for Government Substantial Justification under EAJA in Hanover Potato Products v. Shalala

Date: Mar 20, 1993

Third Circuit Establishes Stricter Standards for Government Substantial Justification under EAJA in Hanover Potato Products v. Shalala Introduction In the landmark case of Hanover Potato Products,...

Proper Service of Process for Foreign Defendants Requires Compliance with Both Local and Foreign Laws: Grand Entertainment Group v. Star Media Sales

Date: Mar 20, 1993

Proper Service of Process for Foreign Defendants Requires Compliance with Both Local and Foreign Laws Grand Entertainment Group, Ltd.; Entertainment Industries, Inc. v. Star Media Sales, Inc. et al.,...

Third Circuit Upholds State Veterans' Preference Over Municipal Regulations in Civil Service Promotions

Date: Mar 20, 1993

Third Circuit Upholds State Veterans' Preference Over Municipal Regulations in Civil Service Promotions Introduction In the landmark case of Warren C. Carter v. City of Philadelphia, decided by the...

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