3d Circuit Case Commentaries

Bane v. Netlink, Inc.: Establishing Personal Jurisdiction through Business Authorization

Date: Feb 1, 1991

Bane v. Netlink, Inc.: Establishing Personal Jurisdiction through Business Authorization Introduction Thomas F. Bane, a former salesperson for Netlink, Inc., filed a lawsuit alleging age...

Adjustment of Offense Level and Counsel's Obligations: Insights from United States v. Headley

Date: Jan 25, 1991

Adjustment of Offense Level and Counsel's Obligations: Insights from United States v. Headley Introduction United States v. Marva Headley, 923 F.2d 1079 (3d Cir. 1991), is a pivotal case addressing...

United States v. Pennsylvania Department of Environmental Resources: Sovereign Immunity and Declaratory Judgment Jurisdiction

Date: Jan 23, 1991

United States v. Pennsylvania Department of Environmental Resources: Sovereign Immunity and Declaratory Judgment Jurisdiction Introduction United States of America, Appellant, v. Commonwealth of...

Reaffirming the Necessity of Express Authority for Attorney Settlement in Multi-Plaintiff Litigation

Date: Jan 18, 1991

Reaffirming the Necessity of Express Authority for Attorney Settlement in Multi-Plaintiff Litigation Introduction The case of Charles A. Tiernan, Jr. et al. v. Harry L. Devowe, Jr. et al. before the...

Affirmation of Pennsylvania Death Penalty Statute's Constitutionality and Standards for Effective Assistance of Counsel in Sentencing Phase

Date: Jan 17, 1991

Affirmation of Pennsylvania Death Penalty Statute's Constitutionality and Standards for Effective Assistance of Counsel in Sentencing Phase Introduction The case of Keith W. Zettlemoyer v. Thomas A....

Limiting the Scope of Burford Abstention: Third Circuit Rejects Abstention in Auditor Liability Class Action

Date: Jan 12, 1991

Limiting the Scope of Burford Abstention: Third Circuit Rejects Abstention in Auditor Liability Class Action Introduction In the case The University of Maryland at Baltimore, Andrew R. Burgess, M.D.,...

Brown v. Grubowski: Reevaluating Qualified Immunity in Police Handling of Domestic Violence Cases

Date: Jan 1, 1991

Brown v. Grubowski: Reevaluating Qualified Immunity in Police Handling of Domestic Violence Cases Introduction Brown v. Grubowski is a landmark case decided by the United States Court of Appeals for...

Third Circuit Upholds Substantive Time Limitation on Arbitration: PaineWebber Inc. v. Hartmanns

Date: Jan 1, 1991

Third Circuit Upholds Substantive Time Limitation on Arbitration: PaineWebber Inc. v. Hartmanns Introduction PaineWebber Inc. v. Willard S. Hartmann, Leona R. Hartmann is a pivotal case decided by...

Affirmation of New Trial Standards in Age Discrimination Cases: Bhaya v. Westinghouse Electric Corp.

Date: Dec 29, 1990

Affirmation of New Trial Standards in Age Discrimination Cases: Bhaya v. Westinghouse Electric Corp. Introduction Bhaya v. Westinghouse Electric Corporation, 922 F.2d 184 (3d Cir. 1990), is a pivotal...

Res Judicata and Claim Preclusion in ADEA Enforcement: EEOC v. U.S. Steel Corp.

Date: Dec 15, 1990

Res Judicata and Claim Preclusion in ADEA Enforcement: EEOC v. U.S. Steel Corp. Introduction The case of Equal Employment Opportunity Commission and Pennsylvania Human Relations Commission v. United...

Anchorage v. Virgin Islands Board of Tax Review: Defining the Boundaries of Summary Judgment Under Local Rules

Date: Dec 15, 1990

Anchorage v. Virgin Islands Board of Tax Review: Defining the Boundaries of Summary Judgment Under Local Rules Introduction In the appellate case Anchorage Associates et al. v. Virgin Islands Board...

Affirming Liberal Amendment Rules in OSHA Proceedings: Dole v. ARCO Chemical Company

Date: Dec 15, 1990

Affirming Liberal Amendment Rules in OSHA Proceedings: Dole v. ARCO Chemical Company Introduction The case of ELIZABETH DOLE, Secretary of Labor, Petitioner, v. ARCO Chemical Company emerged from a...

Discretionary Authority of the Bureau of Prisons in Nunc Pro Tunc Designations: Barden v. Keohane Analysis

Date: Dec 14, 1990

Discretionary Authority of the Bureau of Prisons in Nunc Pro Tunc Designations: Barden v. Keohane Analysis Introduction Barden v. Keohane is a significant appellate decision from the United States...

Shaw v. Strackhouse: Establishing the Standard of Care for Institutionalized Individuals

Date: Dec 7, 1990

Shaw v. Strackhouse: Establishing the Standard of Care for Institutionalized Individuals Introduction Shaw, Richard (Ricky), an Incompetent, by His Parent and Next Friend, Strain, Jessie B.,...

Expanded Interpretation of "Labor Organization" under LMRDA: Berardi v. Swanson Memorial Lodge No. 48

Date: Dec 6, 1990

Expanded Interpretation of "Labor Organization" under LMRDA: Berardi v. Swanson Memorial Lodge No. 48 Introduction The case of Arthur Berardi, Appellant, v. Swanson Memorial Lodge No. 48 of the...

Incontestable Collective Marks and Preliminary Injunctions: OAA v. IOA Commentary

Date: Nov 30, 1990

Incontestable Collective Marks and Preliminary Injunctions: OAA v. IOA Commentary Introduction The case of Opticians Association of America (OAA) v. Independent Opticians of America (IOA) adjudicated...

Reinforcement of the Substantial Evidence Standard in Disability Determinations: Matullo v. Bowen

Date: Nov 27, 1990

Reinforcement of the Substantial Evidence Standard in Disability Determinations: Matullo v. Bowen Introduction Richard Matullo v. Otis R. Bowen, Secretary, 926 F.2d 240 (3rd Cir. 1990), is a pivotal...

Third Circuit Upholds Injunction Against Operation Rescue, Expands Association Standing in Abortion Clinic Protest Case

Date: Nov 27, 1990

Third Circuit Upholds Injunction Against Operation Rescue, Expands Association Standing in Abortion Clinic Protest Case Introduction In the landmark case of Roe v. Operation Rescue, the United States...

Affirmation of Conditional Plea Agreements and Pinkerton Liability in Drug Conspiracy: United States v. Lorenzo Gonzalez et al.

Date: Nov 17, 1990

Affirmation of Conditional Plea Agreements and Pinkerton Liability in Drug Conspiracy: United States v. Lorenzo Gonzalez et al. Introduction In the landmark case of United States of America v....

Ensuring Due Process in Judicial Sanctions for Settlement Delays: Analysis of Manville Corp. and Celotex Corp. Appeals

Date: Nov 15, 1990

Ensuring Due Process in Judicial Sanctions for Settlement Delays: Analysis of Manville Corp. and Celotex Corp. Appeals Introduction The legal landscape governing pretrial case management and...

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