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  • Commentaries
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3d Circuit Case Commentaries

Ineffective Assistance of Counsel in Capital Sentencing: Insights from Frey v. Fulcomer

Ineffective Assistance of Counsel in Capital Sentencing: Insights from Frey v. Fulcomer

Date: Aug 21, 1992
Ineffective Assistance of Counsel in Capital Sentencing: Insights from Frey v. Fulcomer Introduction Frey v. Fulcomer, 974 F.2d 348 (1992), is a pivotal case in the realm of criminal law,...
Affirmation of Limited State Duty: Middle Bucks Area Vocational Technical School v. Appellants

Affirmation of Limited State Duty: Middle Bucks Area Vocational Technical School v. Appellants

Date: Aug 12, 1992
Affirmation of Limited State Duty: Middle Bucks Area Vocational Technical School v. Appellants Introduction The case of Middle Bucks Area Vocational Technical School v. Appellants addresses the...
Reaffirming the Admissibility of Expert Testimony on Causation in Asbestos Litigation: Keene v. Thomas

Reaffirming the Admissibility of Expert Testimony on Causation in Asbestos Litigation: Keene v. Thomas

Date: Aug 8, 1992
Reaffirming the Admissibility of Expert Testimony on Causation in Asbestos Litigation: Keene v. Thomas Introduction The case of Edward T. Blancha, Executor of the Estate of Frank D. Thomas, Deceased,...
Affirmation of Younger Abstention and Rooker-Feldman Doctrine in Federal Review of State Court Injunctions

Affirmation of Younger Abstention and Rooker-Feldman Doctrine in Federal Review of State Court Injunctions

Date: Aug 8, 1992
Affirmation of Younger Abstention and Rooker-Feldman Doctrine in Federal Review of State Court Injunctions Introduction In the landmark case Port Authority Police Benevolent Association, Inc.; John...
Clarifying Fraudulent Conveyance Standards in Leveraged Buyouts: The Moody v. Security Pacific Decision

Clarifying Fraudulent Conveyance Standards in Leveraged Buyouts: The Moody v. Security Pacific Decision

Date: Aug 8, 1992
Clarifying Fraudulent Conveyance Standards in Leveraged Buyouts: The Moody v. Security Pacific Decision Introduction Moody v. Security Pacific Business Credit, Inc. is a pivotal case decided by the...
Clarifying the Burden of Proof for Antitrust Concerted Action: Big Apple BMW Inc. v. BMW of North America Inc.

Clarifying the Burden of Proof for Antitrust Concerted Action: Big Apple BMW Inc. v. BMW of North America Inc.

Date: Aug 7, 1992
Clarifying the Burden of Proof for Antitrust Concerted Action: Big Apple BMW Inc. v. BMW of North America Inc. Introduction The case of Big Apple BMW, Inc.; Potamkin BMW and VW, Inc.; Robert...
Katz v. Aetna Casualty: Expansion of Common Law Fraud Claims in Insurance Disputes

Katz v. Aetna Casualty: Expansion of Common Law Fraud Claims in Insurance Disputes

Date: Aug 7, 1992
Katz v. Aetna Casualty: Expansion of Common Law Fraud Claims in Insurance Disputes Introduction The case of Harold Katz and Ruth Katz v. Aetna Casualty Surety Company (972 F.2d 53, United States...
Blasband v. Rales: Establishing Successor Derivative Standing in Post-Merger Context

Blasband v. Rales: Establishing Successor Derivative Standing in Post-Merger Context

Date: Aug 1, 1992
Blasband v. Rales: Establishing Successor Derivative Standing in Post-Merger Context Introduction The case of Alfred Blasband v. Steven M. Rales; Mitchell P. Rales; John Doe 1-10; Danaher Corporation...
U.S. v. Polan: Upholding Indictment Standards and Procedural Protections in Controlled Substance Distribution by Physicians

U.S. v. Polan: Upholding Indictment Standards and Procedural Protections in Controlled Substance Distribution by Physicians

Date: Jul 30, 1992
U.S. v. Polan: Upholding Indictment Standards and Procedural Protections in Controlled Substance Distribution by Physicians Introduction The case of United States of America v. William S. Polan,...
Colt Industries Operating Corporation Severance Plan: Clarifying Employer Discretion Under ERISA

Colt Industries Operating Corporation Severance Plan: Clarifying Employer Discretion Under ERISA

Date: Jul 28, 1992
Colt Industries Operating Corporation Severance Plan: Clarifying Employer Discretion Under ERISA Introduction The case of John W. Anthuis, Jr., and Donald Dale Groscost v. Colt Industries Operating...
Clarifying In Rem Jurisdiction and Claimant Standing in Civil Forfeiture: Third Circuit's Analysis in United States v. Friko Corporation

Clarifying In Rem Jurisdiction and Claimant Standing in Civil Forfeiture: Third Circuit's Analysis in United States v. Friko Corporation

Date: Jul 23, 1992
Clarifying In Rem Jurisdiction and Claimant Standing in Civil Forfeiture: Third Circuit's Analysis in United States v. Friko Corporation Introduction The case of United States of America v. Contents...
Clarifying Sentencing Guidelines: Limits on Obstruction of Justice and Leadership in Drug Offenses – United States v. Belletiere

Clarifying Sentencing Guidelines: Limits on Obstruction of Justice and Leadership in Drug Offenses – United States v. Belletiere

Date: Jul 23, 1992
Clarifying Sentencing Guidelines: Limits on Obstruction of Justice and Leadership in Drug Offenses United States v. Belletiere, 971 F.2d 961 (3d Cir. 1992) Introduction In United States of America v....
Preemption of State Contract Law by Federal Labor Law in Mack Trucks Buyout Case

Preemption of State Contract Law by Federal Labor Law in Mack Trucks Buyout Case

Date: Jul 22, 1992
Preemption of State Contract Law by Federal Labor Law in Mack Trucks Buyout Case Introduction The case of Kerment A. Angst et al. v. Mack Trucks, Inc., decided by the United States Court of Appeals...
Reaffirming Exhaustion of State Remedies: The Landano Decision on Bail in Habeas Corpus Proceedings

Reaffirming Exhaustion of State Remedies: The Landano Decision on Bail in Habeas Corpus Proceedings

Date: Jul 17, 1992
Reaffirming Exhaustion of State Remedies: The Landano Decision on Bail in Habeas Corpus Proceedings Introduction Vincent James Landano v. John J. Rafferty is a pivotal case adjudicated by the United...
Partial Reversal of Younger Abstention: Gwynedd Properties, Inc. v. Lower Gwynedd Township

Partial Reversal of Younger Abstention: Gwynedd Properties, Inc. v. Lower Gwynedd Township

Date: Jul 16, 1992
Partial Reversal of Younger Abstention: Gwynedd Properties, Inc. v. Lower Gwynedd Township Introduction Gwynedd Properties, Inc. v. Lower Gwynedd Township, 970 F.2d 1195 (3d Cir. 1992), is a pivotal...
Substantial Evidence Supports Appeals Council's Denial of Disability Benefits: Williams v. Sullivan

Substantial Evidence Supports Appeals Council's Denial of Disability Benefits: Williams v. Sullivan

Date: Jul 15, 1992
Substantial Evidence Supports Appeals Council's Denial of Disability Benefits: Williams v. Sullivan Introduction In the landmark case Thomas Williams, Appellant, v. Louis W. Sullivan, M.D., Secretary...
Ineffective Assistance of Counsel in Plea Bargaining: United States v. William Day

Ineffective Assistance of Counsel in Plea Bargaining: United States v. William Day

Date: Jul 14, 1992
Ineffective Assistance of Counsel in Plea Bargaining: United States v. William Day Introduction In United States of America v. William Day, 969 F.2d 39 (3d Cir. 1992), the United States Court of...
Harmless Error in Chain-of-Custody Procedures: Elkin v. Fauver Establishes Limits on Civil Contempt Sanctions

Harmless Error in Chain-of-Custody Procedures: Elkin v. Fauver Establishes Limits on Civil Contempt Sanctions

Date: Jul 14, 1992
Harmless Error in Chain-of-Custody Procedures: Elkin v. Fauver Establishes Limits on Civil Contempt Sanctions Introduction Michael J. Elkin v. William H. Fauver, E. Calvin Neubert, Donald Mee, Jr. is...
Affirming Federal Rules of Civil Procedure Supremacy in International Service of Process: Umbenhaurer v. Woog

Affirming Federal Rules of Civil Procedure Supremacy in International Service of Process: Umbenhaurer v. Woog

Date: Jul 11, 1992
Affirming Federal Rules of Civil Procedure Supremacy in International Service of Process: Umbenhaurer v. Woog Introduction In the case of Umbenhaurer v. Woog (969 F.2d 25, 3d Cir. 1992), the United...
Preservation of Evidence in Prison Disciplinary Proceedings: Establishing Limits on Due Process Claims

Preservation of Evidence in Prison Disciplinary Proceedings: Establishing Limits on Due Process Claims

Date: Jul 8, 1992
Preservation of Evidence in Prison Disciplinary Proceedings: Establishing Limits on Due Process Claims Introduction Eddie Griffin v. John Spratt and J. Kevin Kane is a pivotal case adjudicated by the...
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