3d Circuit Case Commentaries

Functus Officio Doctrine Enforced: Limitations on Arbitration Panels in Reexamining Final Awards

Date: Sep 6, 1991

Functus Officio Doctrine Enforced: Limitations on Arbitration Panels in Reexamining Final Awards Introduction The case of Colonial Penn Insurance Company v. The Omaha Indemnity Company addresses...

Reaffirmation of the Distinct Enterprise Requirement in RICO §1962(c): Brittingham v. Mobil Corporation

Date: Aug 24, 1991

Reaffirmation of the Distinct Enterprise Requirement in RICO §1962(c): Brittingham v. Mobil Corporation Introduction The case R.R. Brittingham, Individually and on Behalf of All Others Similarly...

Exclusion of Jurors Based on Mere Acquaintance Violates Jury Selection Act

Date: Aug 22, 1991

Exclusion of Jurors Based on Mere Acquaintance Violates Jury Selection Act Introduction United States of America v. Merchie C. Calabrese, Jr. et al. is a pivotal case adjudicated by the United States...

Jurisdictional Authority of Bankruptcy Courts in Conflicting Orders: Insights from In Re Marcus Hook Development Park, Inc.

Date: Aug 20, 1991

Jurisdictional Authority of Bankruptcy Courts in Conflicting Orders: Insights from In Re Marcus Hook Development Park, Inc. Introduction The case of In Re Marcus Hook Development Park, Inc. delves...

Third Circuit Affirms No Speedy Trial Violation When Counsel Waives Right Without Defendant's Consent

Date: Aug 17, 1991

Third Circuit Affirms No Speedy Trial Violation When Counsel Waives Right Without Defendant's Consent Introduction The appellate case of Richard K. Wells v. George Petsock, adjudicated by the United...

Excusing State Remedy Exhaustion Due to Inordinate Delay: Hankins v. Fulcomer

Date: Aug 14, 1991

Excusing State Remedy Exhaustion Due to Inordinate Delay: Hankins v. Fulcomer Introduction Hankins v. Fulcomer, 941 F.2d 246 (3d Cir. 1991), is a pivotal case in the realm of federal habeas corpus...

Clarifying "Sudden and Accidental" in Pollution Exclusions: Northern Insurance Co. of New York v. Aardvark Associates

Date: Aug 9, 1991

Clarifying "Sudden and Accidental" in Pollution Exclusions: Northern Insurance Co. of New York v. Aardvark Associates Introduction The case Northern Insurance Company of New York v. Aardvark...

Non-Exemption of Inside Salespersons Under FLSA's Administrative Exemption: Cooper Electric Supply Co. v. Martin

Date: Aug 9, 1991

Non-Exemption of Inside Salespersons Under FLSA's Administrative Exemption: Cooper Electric Supply Co. v. Martin Introduction In the landmark case Cooper Electric Supply Co., Inc. v. Martin, the...

Bona Fide Purchaser Standards in Forfeiture: United States v. Lavin WMOT Enterprises

Date: Aug 7, 1991

Bona Fide Purchaser Standards in Forfeiture: United States v. Lavin WMOT Enterprises Introduction United States of America v. Lawrence W. Lavin WMOT Enterprises, Inc. (942 F.2d 177) is a seminal case...

Limits on Federal Courts’ Collateral Review of State Forfeiture Judgments: An Analysis of In re Norma Y. James

Date: Aug 2, 1991

Limits on Federal Courts’ Collateral Review of State Forfeiture Judgments: An Analysis of In re Norma Y. James Introduction In re Norma Y. James is a seminal case adjudicated by the United States...

Affirmation of Werme's Conspiracy Conviction under the Travel Act and the Harmlessness of Guilty Plea Evidence

Date: Jul 31, 1991

Affirmation of Werme's Conspiracy Conviction under the Travel Act and the Harmlessness of Guilty Plea Evidence Introduction United States of America v. Russell A. Werme is a landmark appellate...

Third Circuit Affirms Invalidity of Medicaid Payment Rates Due to Failure to Make Required Findings Under Title XIX

Date: Jul 31, 1991

Third Circuit Affirms Invalidity of Medicaid Payment Rates Due to Failure to Make Required Findings Under Title XIX Introduction In the landmark case of Temple University v. White, the United States...

Enforcement of Box-Top License Disclaimers Under UCC §2-207: Step-Saver v. Wyse Technology

Date: Jul 30, 1991

Enforcement of Box-Top License Disclaimers Under UCC §2-207: Step-Saver v. Wyse Technology Introduction In Step-Saver Data Systems, Inc. v. Wyse Technology and The Software Link, Inc., the United...

Possession and Use Under Supervised Release: United States v. Blackston

Date: Jul 30, 1991

Possession and Use Under Supervised Release: United States v. Blackston Introduction United States of America v. Theophilus Blackston, 940 F.2d 877 (3rd Cir. 1991), revolves around the revocation of...

Establishing Federal Jurisdiction in Nuclear Liability: In re TMI Litigation Cases Consolidated II

Date: Jul 27, 1991

Establishing Federal Jurisdiction in Nuclear Liability: In re TMI Litigation Cases Consolidated II Introduction The case of In re TMI Litigation Cases Consolidated II, decided by the United States...

Affirmation of Directed Verdict in ADEA Age Discrimination Case

Date: Jul 26, 1991

Affirmation of Directed Verdict in ADEA Age Discrimination Case: Establishing Pretext Standards Introduction The case of Lewis H. Billet, Jr. v. Cigna Corporation and Connecticut General Life...

Bennun v. Rutgers State University: Affirmation on Title VII but Reversal on §1981 Claims

Date: Jul 26, 1991

Bennun v. Rutgers State University: Affirmation on Title VII but Reversal on §1981 Claims Introduction In the landmark case of Bennun v. Rutgers State University, the United States Court of Appeals...

Obstruction and False Statements in Defense Contract Fraud: Analysis of United States v. Leo and Badolato

Date: Jul 26, 1991

Obstruction and False Statements in Defense Contract Fraud: Analysis of United States v. Leo and Badolato Introduction In United States of America v. Gerald A. Leo, A/K/A "Bud," and James Badolato...

Clarifying Procedural Due Process in Involuntary Military Separations: Karr v. Castle

Date: Jul 20, 1991

Clarifying Procedural Due Process in Involuntary Military Separations: Karr v. Castle Introduction Jon T. Karr v. The Honorable Michael N. Castle is a pivotal case adjudicated by the United States...

Public Duty Doctrine Reinforced: WAPA Not Liable for Negligent Street Lighting in Turbe Case

Date: Jul 12, 1991

Public Duty Doctrine Reinforced: WAPA Not Liable for Negligent Street Lighting in Turbe Case Introduction In the case of Roger Turbe v. Government of the Virgin Islands, Virgin Islands Water and...

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