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  • Commentaries
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3d Circuit Case Commentaries

Clarifying Sherman Act Section 2 and Tortious Interference in Armstrong World Industries v. Fineman

Clarifying Sherman Act Section 2 and Tortious Interference in Armstrong World Industries v. Fineman

Date: Oct 29, 1992
Clarifying Sherman Act Section 2 and Tortious Interference Under New Jersey Law: Armstrong World Industries v. Fineman Introduction In the landmark case Elliot Fineman; The Industry Network System,...
ERISA Section 515 Upholds Employer Contributions Amid Union Disputes: Agathos v. Starlite Motel

ERISA Section 515 Upholds Employer Contributions Amid Union Disputes: Agathos v. Starlite Motel

Date: Oct 29, 1992
ERISA Section 515 Upholds Employer Contributions Amid Union Disputes: Agathos v. Starlite Motel Introduction Agathos and Demarsico v. Starlite Motel (977 F.2d 1500) is a pivotal case adjudicated by...
Enhanced Standards for Diversity Jurisdiction and Defendant Joinder: Insights from Batoff v. State Farm Insurance Company

Enhanced Standards for Diversity Jurisdiction and Defendant Joinder: Insights from Batoff v. State Farm Insurance Company

Date: Oct 24, 1992
Enhanced Standards for Diversity Jurisdiction and Defendant Joinder: Insights from Batoff v. State Farm Insurance Company Introduction The case of Stephen B. Batoff, Ph.D., Appellant, v. State Farm...
Affirmation of No Antitrust Violation in Non-Geographic Price Discrimination and Exclusive Dealing: Barr Laboratories v. Abbott Laboratories

Affirmation of No Antitrust Violation in Non-Geographic Price Discrimination and Exclusive Dealing: Barr Laboratories v. Abbott Laboratories

Date: Oct 24, 1992
Affirmation of No Antitrust Violation in Non-Geographic Price Discrimination and Exclusive Dealing: Barr Laboratories v. Abbott Laboratories 1. Introduction The case of Barr Laboratories, Inc. v....
Continuing Violations and Equitable Tolling in Employment Discrimination: Miller v. Beneficial Management Corporation

Continuing Violations and Equitable Tolling in Employment Discrimination: Miller v. Beneficial Management Corporation

Date: Oct 22, 1992
Continuing Violations and Equitable Tolling in Employment Discrimination: Miller v. Beneficial Management Corporation Introduction Elizabeth G. Miller filed a lawsuit against Beneficial Management...
Constructive Possession and Intent to Distribute Reinforced in United States v. Iafelice

Constructive Possession and Intent to Distribute Reinforced in United States v. Iafelice

Date: Oct 21, 1992
Constructive Possession and Intent to Distribute Reinforced in United States v. Iafelice Introduction United States of America, Appellant, v. Mark Iafelice, 978 F.2d 92 (3d Cir. 1992), is a pivotal...
Clarifying the Application of Automatic Stay in Bankruptcy: In re Lansdale Family Restaurants, Inc. v. Weis Food Service

Clarifying the Application of Automatic Stay in Bankruptcy: In re Lansdale Family Restaurants, Inc. v. Weis Food Service

Date: Oct 17, 1992
Clarifying the Application of Automatic Stay in Bankruptcy: In re Lansdale Family Restaurants, Inc. v. Weis Food Service Introduction The case of In re Lansdale Family Restaurants, Inc. a/k/a...
Limitations on Liability for Attorneys under Section 1116(d)(11) of the Lanham Trademark Act

Limitations on Liability for Attorneys under Section 1116(d)(11) of the Lanham Trademark Act

Date: Oct 16, 1992
Limitations on Liability for Attorneys under Section 1116(d)(11) of the Lanham Trademark Act Introduction In the case of Electronic Laboratory Supply Company, Inc. and Jack Snyderman v. Raymond T....
Circuit Court Vacates Preliminary Injunction in Campbell Soup Co. v. ConAgra, Inc.

Circuit Court Vacates Preliminary Injunction in Campbell Soup Co. v. ConAgra, Inc.

Date: Oct 14, 1992
Immediate Irreparable Harm Must Be Clearly Demonstrated: Campbell Soup Co. v. ConAgra, Inc. Commentary Introduction The legal battle between Campbell Soup Company (“Campbell”) and ConAgra, Inc....
Defining Allowable Units of Prosecution in Tax Evasion: United States v. William Pollen

Defining Allowable Units of Prosecution in Tax Evasion: United States v. William Pollen

Date: Oct 14, 1992
Defining Allowable Units of Prosecution in Tax Evasion: United States v. William Pollen Introduction The case of United States of America v. William Pollen, decided by the United States Court of...
Mandamus as a Remedy for Judicial Recusal Under 28 U.S.C. §455: An In-Depth Analysis of IN RE SCHOOL ASBESTOS LITIGATION

Mandamus as a Remedy for Judicial Recusal Under 28 U.S.C. §455: An In-Depth Analysis of IN RE SCHOOL ASBESTOS LITIGATION

Date: Oct 9, 1992
Mandamus as a Remedy for Judicial Recusal Under 28 U.S.C. §455: An In-Depth Analysis of IN RE SCHOOL ASBESTOS LITIGATION Introduction The case titled IN RE SCHOOL ASBESTOS LITIGATION, adjudicated by...
Mootness and Jurisdiction in Class Action Certification: A Commentary on Lusardi et al. v. Xerox Corp.

Mootness and Jurisdiction in Class Action Certification: A Commentary on Lusardi et al. v. Xerox Corp.

Date: Sep 17, 1992
Mootness and Jurisdiction in Class Action Certification: A Commentary on Lusardi et al. v. Xerox Corp. Introduction The case of Lusardi et al. v. Xerox Corporation (975 F.2d 964) adjudicated by the...
Defining Accomplice Attribution in Federal Sentencing: Insights from United States v. Collado

Defining Accomplice Attribution in Federal Sentencing: Insights from United States v. Collado

Date: Sep 17, 1992
Defining Accomplice Attribution in Federal Sentencing: Insights from United States v. Collado 1. Introduction United States of America v. Policai Collado, Appellants Nos. 91-1492 and 91-1516,...
Affirmation of Conviction in the Absence of Material Brady and Jencks Act Violations

Affirmation of Conviction in the Absence of Material Brady and Jencks Act Violations

Date: Sep 11, 1992
Affirmation of Conviction in the Absence of Material Brady and Jencks Act Violations Introduction The case of United States of America v. Robert Fitzgerald Hill, adjudicated by the United States...
Mandamus Relief and the Crime-Fraud Exception: An Analysis of the Liggett Group Inc. v. Haines Judgment

Mandamus Relief and the Crime-Fraud Exception: An Analysis of the Liggett Group Inc. v. Haines Judgment

Date: Sep 5, 1992
Mandamus Relief and the Crime-Fraud Exception: An Analysis of the Liggett Group Inc. v. Haines Judgment Introduction The case of Susan Haines, as Administratrix ad Prosequendum and Executrix of the...
In re Roth American, Inc. Debtor: Limits on Ordinary Course Transactions and Priority of Employee Benefit Claims in Bankruptcy

In re Roth American, Inc. Debtor: Limits on Ordinary Course Transactions and Priority of Employee Benefit Claims in Bankruptcy

Date: Sep 4, 1992
In re Roth American, Inc. Debtor: Limits on Ordinary Course Transactions and Priority of Employee Benefit Claims in Bankruptcy Introduction The case of In re Roth American, Inc. Debtor involves...
Summary Judgment Standards in Trademark Litigation: Resorts International v. Greate Bay Hotel

Summary Judgment Standards in Trademark Litigation: Resorts International v. Greate Bay Hotel

Date: Sep 2, 1992
Summary Judgment Standards in Trademark Litigation: Resorts International v. Greate Bay Hotel Introduction The landmark case of Resorts International, Inc. v. Greate Bay Hotel and Casino, Inc. serves...
Deliberate Indifference in Correctional Medical Care: Miller v. Correctional Medical Systems

Deliberate Indifference in Correctional Medical Care: Miller v. Correctional Medical Systems

Date: Aug 29, 1992
Deliberate Indifference in Correctional Medical Care: Miller v. Correctional Medical Systems Introduction Alfred I. Miller v. Correctional Medical Systems, Inc., ARA Medical Services, Inc., Benjamin...
Impact of the Grahams v. IRS Decision on Bankruptcy Discharge Standards

Impact of the Grahams v. IRS Decision on Bankruptcy Discharge Standards

Date: Aug 25, 1992
Impact of the Grahams v. IRS Decision on Bankruptcy Discharge Standards Introduction The case of Thomas A. Graham; Elizabeth M. Graham v. Internal Revenue Service (IRS), decided by the United States...
Automatic Stay Applies to Governmental Medicare Providers: Third Circuit Decision in In Re University Medical Center

Automatic Stay Applies to Governmental Medicare Providers: Third Circuit Decision in In Re University Medical Center

Date: Aug 25, 1992
Automatic Stay Applies to Governmental Medicare Providers: Third Circuit Decision in In Re University Medical Center Introduction The case of In Re University Medical Center, Debtor v. Louis W....
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