3d Circuit Case Commentaries

Establishing Pretext in Title VII Racial Discrimination: Josey v. Hollingsworth Corporation

Date: Jun 22, 1993

Establishing Pretext in Title VII Racial Discrimination: Josey v. Hollingsworth Corporation Introduction Josey v. Hollingsworth Corporation is a pivotal case adjudicated by the United States Court of...

Reevaluation of Discharge Denial under §727(a)(2)(A): Rosen v. Bezner

Date: Jun 19, 1993

Reevaluation of Discharge Denial under §727(a)(2)(A): Rosen v. Bezner Introduction Rosen v. Bezner is a pivotal case decided by the United States Court of Appeals for the Third Circuit on June 18,...

Clarification on Venue and Transfer Under 28 U.S.C. §1406(a): DATABASE AMERICA, Inc. v. BAPCO

Date: Jun 16, 1993

Clarification on Venue and Transfer Under 28 U.S.C. §1406(a): DATABASE AMERICA, Inc. v. BAPCO Introduction In the case of Database America, Inc. and Ed Burnette Consultants, Inc. v. Bellsouth...

Affirmation of Absolute Prosecutorial Immunity and RICO Statute of Limitations: Davis v. Grusemeyer et al.

Date: Jun 9, 1993

Affirmation of Absolute Prosecutorial Immunity and RICO Statute of Limitations: Davis v. Grusemeyer et al. Introduction Robert F. Davis, the appellant, found himself embroiled in a complex legal...

Rejection of the Discovery Rule in Negotiable Instrument Conversion: Insights from Menichini v. Grant & Mellon Bank

Date: Jun 8, 1993

Rejection of the Discovery Rule in Negotiable Instrument Conversion: Insights from Menichini v. Grant & Mellon Bank Introduction The case of Gerard C. Menichini, T/A Best Legal Services v. Lissa L....

Agency Relationship Requirement for Hearsay Admissions: Lippay v. Christos

Date: Jun 3, 1993

Agency Relationship Requirement for Hearsay Admissions: Lippay v. Christos Introduction The case of Richard M. Lippay v. Dean C. Christos; Commonwealth of PA (996 F.2d 1490), decided on June 2, 1993,...

Proper Evaluation of Medical Evidence and Subjective Claims in Disability Cases: Mason v. Shalala

Date: Jun 2, 1993

Proper Evaluation of Medical Evidence and Subjective Claims in Disability Cases: Mason v. Shalala Introduction Parties Involved: Harold Mason (Appellant) vs. Donna E. Shalala, Secretary of Health...

Reaffirming the 'Substantial Basis' Standard for Probable Cause in Search Warrants: USA v. Jones et al.

Date: May 29, 1993

Reaffirming the 'Substantial Basis' Standard for Probable Cause in Search Warrants: United States v. Jones et al. Introduction The case of United States of America; Government of the Virgin Islands...

Establishing the Two-Part Test for IDEA Mainstreaming: Oberti v. Clementon School District

Date: May 29, 1993

Establishing the Two-Part Test for IDEA Mainstreaming: Oberti v. Clementon School District Introduction Oberti v. Board of Education of the Borough of Clementon School District is a landmark case...

Third Circuit Differentiates Rate-Related and Non-Rate Anticompetitive Conduct in Antitrust Damages Recovery

Date: May 28, 1993

Third Circuit Differentiates Rate-Related and Non-Rate Anticompetitive Conduct in Antitrust Damages Recovery Introduction In the case of In Re Lower Lake Erie Iron Ore Antitrust Litigation (MDL...

Affirmative Misrepresentations under ERISA: Insights from PECo v. Appellants

Date: May 27, 1993

Affirmative Misrepresentations under ERISA: Insights from PECo v. Appellants Introduction The case of Herbert L. Fischer et al. v. The Philadelphia Electric Company et al. (994 F.2d 130) adjudicated...

Limitation of Collateral Estoppel in Title VII Actions: Insights from Roth v. Koppers Industries, Inc.

Date: May 25, 1993

Limitation of Collateral Estoppel in Title VII Actions: Insights from Roth v. Koppers Industries, Inc. Introduction In the landmark case of Roth v. Koppers Industries, Inc., adjudicated by the United...

Direct Purchaser Rule and Assignment of Antitrust Claims Clarified in Gulfstream III Associates v. Cessna Aircraft Co.

Date: May 19, 1993

Direct Purchaser Rule and Assignment of Antitrust Claims Clarified in Gulfstream III Associates v. Cessna Aircraft Co. Introduction The case of Gulfstream III Associates, Inc. v. Cessna Aircraft...

Limits on Diversity Jurisdiction in Class Actions: Mellon Bank v. Mellon Bank, N.A. Case Commentary

Date: May 19, 1993

Limits on Diversity Jurisdiction in Class Actions: Mellon Bank v. Mellon Bank, N.A. Case Commentary Introduction The case of Mellon Bank, N.A. v. Upp serves as a pivotal judicial decision concerning...

Reinforcing Jurisdictional Limits and Protecting Litigant Access: A Detailed Analysis of Brow v. Farrelly

Date: May 14, 1993

Reinforcing Jurisdictional Limits and Protecting Litigant Access: A Detailed Analysis of Brow v. Farrelly Introduction The case Ronald Brow v. Alexander Farrellly and others, decided on May 13, 1993,...

Establishing Nullum Tempus Immunity and Limiting Collective Liability: Insights from City of Philadelphia v. Lead Industries Association

Date: May 12, 1993

Establishing Nullum Tempus Immunity and Limiting Collective Liability: Insights from City of Philadelphia v. Lead Industries Association Introduction The case of City of Philadelphia and Philadelphia...

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