3d Circuit Case Commentaries

Administrative Custody and Procedural Due Process: Griffin v. Defendants

Date: May 6, 1997

Administrative Custody and Procedural Due Process: Griffin v. Defendants Introduction The case of Jerome Griffin v. Don Vaughan et al. addresses critical questions regarding the constitutional rights...

Third Circuit Establishes Limits on Antitrust Claims for Utility Curtailment Policies under PURPA

Date: May 6, 1997

Third Circuit Establishes Limits on Antitrust Claims for Utility Curtailment Policies under PURPA Introduction The case of Schuylkill Energy Resources, Inc. v. Pennsylvania Power Light Company (113...

Third Circuit Clarifies Double Jeopardy Protections in Mistrial Scenarios: Harold Love v. Morton

Date: May 6, 1997

Third Circuit Clarifies Double Jeopardy Protections in Mistrial Scenarios: Harold Love v. Morton Introduction In the landmark case of Harold Love v. Willis Morton, Administrator-NJSP; Peter Verniero,...

Appellate Jurisdiction Over Prolonged Temporary Restraining Orders: Insights from Nutrasweet Co. v. Vit-Mar Enterprises

Date: May 6, 1997

Appellate Jurisdiction Over Prolonged Temporary Restraining Orders: Insights from Nutrasweet Co. v. Vit-Mar Enterprises Introduction Nutrasweet Company v. Vit-Mar Enterprises, Inc., 112 F.3d 689 (3d...

Expansion of Protected Classes under 42 U.S.C. §1985(3): Affirming Protections for the Mentally Retarded

Date: May 3, 1997

Expansion of Protected Classes under 42 U.S.C. §1985(3): Affirming Protections for the Mentally Retarded Introduction In the landmark case of Lake v. Arnold et al., the United States Court of Appeals...

Statute of Frauds Defense: Flight Systems, Inc. v. Electronic Data Systems Corporation

Date: Apr 30, 1997

Statute of Frauds Defense: Flight Systems, Inc. v. Electronic Data Systems Corporation Introduction The case of Flight Systems, Inc. v. Electronic Data Systems Corporation (112 F.3d 124) was...

Third Circuit Reverses Summary Judgment: Establishing Pretext in Title VII Employment Discrimination

Date: Apr 12, 1997

Third Circuit Reverses Summary Judgment: Establishing Pretext in Title VII Employment Discrimination Introduction In the landmark case of Beryl Bray v. Marriott Hotels, the United States Court of...

Protection of Public Concern Speech in Retaliatory Discharge: A Comprehensive Analysis of Azzaro v. Allegheny County

Date: Apr 12, 1997

Protection of Public Concern Speech in Retaliatory Discharge: A Comprehensive Analysis of Azzaro v. Allegheny County Introduction Azzaro v. Allegheny County is a landmark case adjudicated by the...

Ford Motor Co. v. Kelly: Establishing Collateral Order Jurisdiction for Attorney-Client Privilege and Work Product Doctrine in Discovery Disputes

Date: Apr 10, 1997

Ford Motor Co. v. Kelly: Establishing Collateral Order Jurisdiction for Attorney-Client Privilege and Work Product Doctrine in Discovery Disputes Introduction In In re: Ford Motor Company, Petitioner...

Third Circuit Upholds Police Authority in Traffic Stops: Moorefield v. United States

Date: Apr 5, 1997

Third Circuit Upholds Police Authority in Traffic Stops: Moorefield v. United States Introduction UNITED STATES OF AMERICA v. GARY MOOREFIELD AKA MAURICE GORDON (111 F.3d 10) is a significant...

Enforcement of Arbitration Agreements in Employment Disputes: Great Western Mortgage Corp. v. Michele Peacock

Date: Apr 4, 1997

Enforcement of Arbitration Agreements in Employment Disputes: Great Western Mortgage Corp. v. Michele Peacock Introduction The case of Great Western Mortgage Corporation v. Michele Peacock (110 F.3d...

Determinative Effect Standard in Retaliation Claims and Strict Administrative Filing Requirements: Woodson v. Scott Paper Co., Third Circuit

Date: Apr 4, 1997

Determinative Effect Standard in Retaliation Claims and Strict Administrative Filing Requirements: Woodson v. Scott Paper Co., Third Circuit Introduction In James W. Woodson v. Scott Paper Company,...

Rigorous Pre-Trial Investigation Duties for Defense Counsel: Analysis of United States v. Kourtney Kauffman

Date: Mar 29, 1997

Rigorous Pre-Trial Investigation Duties for Defense Counsel: Analysis of United States v. Kourtney Kauffman Introduction United States of America v. Kourtney Kauffman, 109 F.3d 186 (3d Cir. 1997),...

Enforceability of Release Clauses in RICO Actions: Insights from Williams v. Stone

Date: Mar 27, 1997

Enforceability of Release Clauses in RICO Actions: Insights from Williams v. Stone Introduction In the case of MICHAEL WILLIAMS; MARILYN WILLIAMS v. ELLIOTT W. STONE et al., decided by the United...

Expanding Title VII Protections: Kachmar v. SunGard Data Systems

Date: Mar 27, 1997

Expanding Title VII Protections: Kachmar v. SunGard Data Systems Introduction Lillian Kachmar, formerly the senior in-house counsel for SunGard Data Systems, Inc., filed a lawsuit following her...

Enforcement of IDEA Settlement Agreements: Binding Contracts in Special Education Disputes

Date: Mar 27, 1997

Enforcement of IDEA Settlement Agreements: Binding Contracts in Special Education Disputes Introduction The case of D.R., by his parents and guardians M.R. and B.R. v. East Brunswick Board of...

Entire Controversy Doctrine Does Not Bar Concurrent Litigation: Analysis of Rycoline Products, Inc. v. C W Unlimited

Date: Mar 26, 1997

Entire Controversy Doctrine Does Not Bar Concurrent Litigation A Comprehensive Commentary on Rycoline Products, Inc. v. C W Unlimited, 109 F.3d 883 (3d Cir. 1997) Introduction The case of Rycoline...

Court of Appeals Third Circuit Clarifies the Scope of HECK v. HUMPHREY in Excessive Force Claims

Date: Mar 19, 1997

Court of Appeals Third Circuit Clarifies the Scope of HECK v. HUMPHREY in Excessive Force Claims Introduction The case of Carl Nelson v. George Jashurek, Patrolman, decided by the United States Court...

Establishing Absolute Immunity for Child Welfare Professionals in Dependency Proceedings: An Analysis of Ernst v. Child and Youth Services of Chester County

Date: Mar 13, 1997

Establishing Absolute Immunity for Child Welfare Professionals in Dependency Proceedings: An Analysis of Ernst v. Child and Youth Services of Chester County 1. Introduction In the landmark case of...

Third Circuit Upholds Conditional Intent Requirement in Carjacking Statute: Implications for Future Jurisprudence

Date: Mar 11, 1997

Third Circuit Upholds Conditional Intent Requirement in Carjacking Statute: Implications for Future Jurisprudence Introduction The case of United States of America v. Jeffrey Anderson (108 F.3d 478)...