3d Circuit Case Commentaries

Substantial Justification for Government Position Under EAJA Affirmed in Morgan v. Perry et al.

Date: Apr 28, 1998

Substantial Justification for Government Position Under EAJA Affirmed in Morgan v. Perry et al. Introduction In the landmark case of Terence D. Morgan v. William Perry, et al., decided by the United...

Limitations on Single Comparator Evidence in Age Discrimination Claims: Simpson v. Kay Jewelers

Date: Apr 25, 1998

Limitations on Single Comparator Evidence in Age Discrimination Claims: Simpson v. Kay Jewelers Introduction Simpson v. Kay Jewelers is a landmark case adjudicated by the United States Court of...

Reaffirming the Statute of Limitations: United States v. Midgley and Its Implications

Date: Apr 24, 1998

Reaffirming the Statute of Limitations: United States v. Midgley and Its Implications Introduction In the landmark case of United States of America v. Raymond M. Midgley, 142 F.3d 174 (3d Cir. 1998),...

Deane v. Pocono Medical Center: Redefining "Qualified Individual" Under the ADA

Date: Apr 18, 1998

Deane v. Pocono Medical Center: Redefining "Qualified Individual" Under the ADA Introduction Deane v. Pocono Medical Center is a seminal case adjudicated by the United States Court of Appeals for the...

Retention of District Court Jurisdiction for Reconsideration Motions Following Remand Under 28 U.S.C. §1367(c): Hudson v. Litenda Mortgage Corp.

Date: Apr 16, 1998

Retention of District Court Jurisdiction for Reconsideration Motions Following Remand Under 28 U.S.C. §1367(c) Introduction The case of Hudson United Bank, Banking Corporation of the State of New...

Finality in Multi-Claim Litigation: Insights from Waldorf v. Borough of Kenilworth

Date: Apr 16, 1998

Finality in Multi-Claim Litigation: Insights from Waldorf v. Borough of Kenilworth Introduction The case of Mark Waldorf v. Borough of Kenilworth presents a complex litigation journey spanning over...

Historic Preservation Ordinance and Substantive Due Process: Sameric v. City of Philadelphia

Date: Apr 11, 1998

Historic Preservation Ordinance and Substantive Due Process: Sameric Corporation v. City of Philadelphia Introduction Sameric Corporation of Delaware, Inc. ("Sameric") appealed a district court's...

Trump Hotels v. Mirage Resorts: Establishing Limits on Standing in Securities Fraud Claims

Date: Apr 3, 1998

Trump Hotels v. Mirage Resorts: Establishing Limits on Standing in Securities Fraud Claims Introduction In the landmark case of Trump Hotels Casino Resorts, Inc. v. Mirage Resorts, Inc., the United...

Revisiting Extortion and Market Power: A Comprehensive Analysis of Brokerage Concepts v. U.S. Healthcare

Date: Apr 3, 1998

Revisiting Extortion and Market Power: A Comprehensive Analysis of Brokerage Concepts v. U.S. Healthcare Introduction Brokerage Concepts, Inc. v. U.S. Healthcare, Inc., et al. is a landmark case...

Standing Requirements under Article III in Fair Housing Act Enforcement: The FHC v. Montgomery Newspapers Decision

Date: Apr 1, 1998

Standing Requirements under Article III in Fair Housing Act Enforcement: The FHC v. Montgomery Newspapers Decision Introduction The case of The Fair Housing Council of Suburban Philadelphia v....

Reinforcing Trustee Appointment Discretion and Attorney Conflict Standards in Bankruptcy Proceedings: In re Marvel Entertainment Group, Inc.

Date: Mar 26, 1998

Reinforcing Trustee Appointment Discretion and Attorney Conflict Standards in Bankruptcy Proceedings: In re Marvel Entertainment Group, Inc. Introduction The case In re: Marvel Entertainment Group,...

Affirmation of Elrod-Branti Exception for Policy-Making Roles in Public Employment

Date: Mar 24, 1998

Affirmation of Elrod-Branti Exception for Policy-Making Roles in Public Employment Introduction The case of Lewis W. Wetzel v. Rose Tucker et al. adjudicated by the United States Court of Appeals for...

Reversing Summary Judgment in Political Patronage Cases Based on Hiring Authority's Testimony: Boyle v. Allegheny County

Date: Mar 24, 1998

Reversing Summary Judgment in Political Patronage Cases Based on Hiring Authority's Testimony: Boyle v. Allegheny County Introduction In the landmark case Boyle v. Allegheny County, the United States...

Third Circuit Clarifies Title IX Applicability to NCAA Eligibility Rules in Smith v. NCAA

Date: Mar 17, 1998

Third Circuit Clarifies Title IX Applicability to NCAA Eligibility Rules in Smith v. NCAA Introduction In the landmark case R.M. Smith v. National Collegiate Athletic Association (NCAA), decided by...

Waiver of Attorney Work Product Privilege Due to Delay in Seeking Judicial Relief: IN RE GRAND JURY (Impuned), 138 F.3d 978

Date: Mar 14, 1998

Waiver of Attorney Work Product Privilege Due to Delay in Seeking Judicial Relief: IN RE GRAND JURY (Impuned), 138 F.3d 978 Introduction The case In Re: Grand Jury (Impuned) (138 F.3d 978)...

Affirmation of 'Basis to Believe' Exclusion in Malpractice Insurance Claims: Selko v. Home Insurance Co.

Date: Mar 13, 1998

Affirmation of 'Basis to Believe' Exclusion in Malpractice Insurance Claims Selko v. Home Insurance Company, 139 F.3d 146 (3d Cir. 1998) Introduction The case of William Selko v. Home Insurance...

Federal Agencies and Shareholder Claims: Insights from Hindes et al. v. FDIC

Date: Feb 20, 1998

Federal Agencies and Shareholder Claims: Insights from Hindes et al. v. FDIC Introduction In the landmark case of Hindes et al. v. Federal Deposit Insurance Corporation (FDIC), the United States...

Palmer v. Apfel: Affirming Ability to Perform Limited Sedentary Work Under Social Security Disability

Date: Feb 10, 1998

Palmer v. Apfel: Affirming Ability to Perform Limited Sedentary Work Under Social Security Disability Introduction Palmer v. Apfel is a pivotal case adjudicated in the United States District Court...

Reversing Summary Judgment: Enhancing Heeding Presumption in Product Liability

Date: Feb 5, 1998

Reversing Summary Judgment: Enhancing Heeding Presumption in Product Liability Introduction In the case of GEORGE PAVLIK, ADMINISTRATOR OF THE ESTATE OF STEPHEN MICHAEL PAVLIK; GEORGE PAVLIK, IN HIS...

Evolving Standards of Best Execution in Electronic Markets: Newton v. Merrill Lynch

Date: Jan 31, 1998

Evolving Standards of Best Execution in Electronic Markets: Newton v. Merrill Lynch Introduction In the landmark case of Newton v. Merrill Lynch et al., decided by the United States Court of Appeals...