3d Circuit Case Commentaries

Clarifying Prosecutorial Immunity and Appellate Jurisdiction under 42 U.S.C. § 1983: A Comprehensive Analysis of Kulwicki v. Dawson

Date: Jul 3, 1992

Clarifying Prosecutorial Immunity and Appellate Jurisdiction under 42 U.S.C. § 1983: A Comprehensive Analysis of Kulwicki v. Dawson Introduction The case of Kulwicki v. Dawson (969 F.2d 1454, 1992)...

Affirmation of Dismissal in Sanguigni v. Pittsburgh Board of Public Education

Date: Jul 2, 1992

Affirmation of Dismissal in Sanguigni v. Pittsburgh Board of Public Education Introduction Phyllis J. Sanguigni, a tenured health and physical education teacher at Taylor Allderdice High School in...

Third Circuit Sets Limits on Interlocutory Appeals of Denied Substitution Requests under the Federal Employees Liability Reform and Tort Compensation Act

Date: Jun 30, 1992

Third Circuit Sets Limits on Interlocutory Appeals of Denied Substitution Requests under the Federal Employees Liability Reform and Tort Compensation Act Introduction The case of Irwin Schrob; and...

Limitations on Combining Arrearages with Cram-Down Under §506(a) in Chapter 13 Plans - Sapos v. Shawmut Mortgage Company

Date: Jun 27, 1992

Limitations on Combining Arrearages with Cram-Down Under §506(a) in Chapter 13 Plans Sapos v. Shawmut Mortgage Company, 967 F.2d 918 (3d Cir. 1992) Introduction In Sapos v. Shawmut Mortgage Company,...

Establishing Trademark Enforcement Post-Franchise Termination: Insights from Jiffy Lube v. Durst

Date: Jun 24, 1992

Establishing Trademark Enforcement Post-Franchise Termination: Insights from Jiffy Lube v. Durst Introduction The landmark case S R Corporation and Steven Durst v. Jiffy Lube International, Inc.,...

Third Circuit Affirms Firearm Use in Drug Offenses and Upholds Warrantless Parole Searches in Hill v. United States

Date: Jun 23, 1992

Third Circuit Affirms Firearm Use in Drug Offenses and Upholds Warrantless Parole Searches in Hill v. United States Introduction In United States of America v. James S. Hill, Jr. (967 F.2d 902, 3d...

United States v. McGlory et al.: Affirmation of Drug Conspiracy Convictions and Sentencing Guidelines Interpretation

Date: Jun 20, 1992

United States v. McGlory et al.: Affirmation of Drug Conspiracy Convictions and Sentencing Guidelines Interpretation Introduction The case of United States of America v. Reginald D. McGlory et al....

Trademark Protection of Telephone Number Mnemonics: INJURY-1 Case Commentary

Date: Jun 18, 1992

Trademark Protection of Telephone Number Mnemonics: INJURY-1 Case Commentary Introduction The case of Dranoff-Perlstein Associates v. Harris J. Sklar (967 F.2d 852) adjudicated by the United States...

Extension of Statute of Limitations Under the Age Discrimination Claims Assistance Act: Harter v. GAF Corporation

Date: Jun 17, 1992

Extension of Statute of Limitations Under the Age Discrimination Claims Assistance Act: Harter v. GAF Corporation Introduction Harter v. GAF Corporation, 967 F.2d 846 (3d Cir. 1992), is a pivotal...

Enforcement of Subpoenas in Labor Practice Proceedings: NLRB v. Frazier

Date: Jun 16, 1992

Enforcement of Subpoenas in Labor Practice Proceedings: NLRB v. Frazier Introduction The case National Labor Relations Board (NLRB) v. Gary Frazier, decided on June 15, 1992, by the United States...

Third-Party Standing and Judicial Admissions in Disability Benefit Disputes: Insights from Langer v. Monarch Life Insurance Co.

Date: Jun 12, 1992

Third-Party Standing and Judicial Admissions in Disability Benefit Disputes: Insights from Langer v. Monarch Life Insurance Co. Introduction The case of TERRY LANGER, M.D. AND JOAN LANGER v. MONARCH...

Judicial Discretion and Magistrate Authority: Insights from Mindek v. Rigatti

Date: May 30, 1992

Judicial Discretion and Magistrate Authority: Insights from Mindek v. Rigatti Introduction Mindek v. Rigatti is a pivotal case decided by the United States Court of Appeals for the Third Circuit on...

Clarifying Fourth Amendment Protections in Multi-Unit Dwellings: United States v. Acosta et al.

Date: May 28, 1992

Clarifying Fourth Amendment Protections in Multi-Unit Dwellings: United States v. Acosta et al. Introduction In United States v. Acosta et al., decided on May 27, 1992, the United States Court of...

Shapiro v. UJB Financial Corp.: Clarifying Particularity Standards for Securities Fraud Claims

Date: May 21, 1992

Shapiro v. UJB Financial Corp.: Clarifying Particularity Standards for Securities Fraud Claims Introduction In the landmark case Shapiro v. UJB Financial Corp., adjudicated by the United States Court...

Expanding CERCLA Liability: No Quantitative Threshold and Flexible Causation in United States v. Alcan Aluminum Corp.

Date: May 15, 1992

Expanding CERCLA Liability: No Quantitative Threshold and Flexible Causation in United States v. Alcan Aluminum Corp. Introduction The case of United States of America v. Alcan Aluminum Corp. serves...

Clarifying Affirmative Act Requirements in Tax Evasion Cases: United States v. McGill

Date: May 14, 1992

Clarifying Affirmative Act Requirements in Tax Evasion Cases: United States v. McGill Introduction United States of America v. Thomas L. McGill, Jr., 964 F.2d 222 (3d Cir. 1992), is a significant...

Recognizing the Public Policy Exception to Employment-at-Will: Borse v. Piece Goods Shop, Inc.

Date: May 14, 1992

Recognizing the Public Policy Exception to Employment-at-Will: Borse v. Piece Goods Shop, Inc. Introduction In the case of Sarah Borse v. Piece Goods Shop, Inc., the United States Court of Appeals...

Reevaluation of Hearsay Exceptions and RICO Applications in Pelullo v. United States

Date: May 13, 1992

Reevaluation of Hearsay Exceptions and RICO Applications in Pelullo v. United States Introduction United States of America v. Leonard A. Pelullo, 964 F.2d 193 (3d Cir. 1992), presents a significant...

Indemnification Limits Under Contractual Agreements: Conrail v. Consolidated Rail Corp.

Date: May 13, 1992

Indemnification Limits Under Contractual Agreements: Conrail v. Consolidated Rail Corp. Introduction The case of Susan E. Clement, Administratrix ad Prosequendum of the Estate of Thomas Allen...

Independent Source Doctrine Affirmed in United States v. Herrold

Date: May 7, 1992

Independent Source Doctrine Affirmed in United States v. Herrold Introduction United States v. Gene Allen Herrold, 962 F.2d 1131 (3rd Cir. 1992), is a pivotal case that explores the boundaries of the...

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