3d Circuit Case Commentaries

Kelly v. Borough of Sayreville: Affirmation of Dismissal under Fourteenth Amendment Due Process

Date: Mar 6, 1997

Kelly v. Borough of Sayreville: Affirmation of Dismissal under Fourteenth Amendment Due Process Introduction Kelly v. Borough of Sayreville, 107 F.3d 1073 (3d Cir. 1997), involves Charles F. Kelly, a...

Caterpillar Inc. v. International Union: Redefining Employer-Union Financial Interactions under LMRA Section 302

Date: Mar 5, 1997

Caterpillar Inc. v. International Union: Redefining Employer-Union Financial Interactions under LMRA Section 302 Introduction The case of Caterpillar Inc., a Delaware Corporation doing business in...

Limitations on Civil Rights Removal: Third Circuit Upholds Remand in Defamation Case

Date: Mar 4, 1997

Limitations on Civil Rights Removal: Third Circuit Upholds Remand in Defamation Case Introduction In the landmark case Kenneth E. Davis et al. v. Richard Glanton et al., the United States Court of...

Affirmation of Noerr Immunity in Legal Accreditation Antitrust Case

Date: Mar 1, 1997

Affirmation of Noerr Immunity in Legal Accreditation Antitrust Case Introduction The case of Massachusetts School of Law at Andover, Inc. v. American Bar Association (107 F.3d 1026) presents a...

Exhaustion of Administrative Remedies and Equitable Tolling in Dennis Robinson v. John H. Dalton

Date: Mar 1, 1997

Exhaustion of Administrative Remedies and Equitable Tolling in Dennis Robinson v. John H. Dalton Introduction Dennis Robinson v. John H. Dalton, Secretary to United States Department of the Navy, 107...

Establishing Standards for Reasonable Attorney Fees under 42 U.S.C. §1988: Smith v. Philadelphia Housing Authority

Date: Feb 27, 1997

Establishing Standards for Reasonable Attorney Fees under 42 U.S.C. §1988: Smith v. Philadelphia Housing Authority Introduction The case of Vernita Smith and Carmen Rivera v. Philadelphia Housing...

Credibility of Government Witnesses and Sentencing Departures: United States v. Haut et al.

Date: Feb 27, 1997

Credibility of Government Witnesses and Sentencing Departures: United States v. Haut et al. Introduction The case of United States of America v. Haut, et al. (107 F.3d 213, 1997) presents a pivotal...

ERISA Plan Administrator Must Adhere to Plan's Distribution Provisions: DeWitt v. Penn-Del Directory Corp.

Date: Feb 15, 1997

ERISA Plan Administrator Must Adhere to Plan's Distribution Provisions: DeWitt v. Penn-Del Directory Corp. Introduction DeWitt v. Penn-Del Directory Corp. is a pivotal case adjudicated by the United...

Affirmation of Automatic Stay's Extended Scope in Guarantor Deficiency Judgments

Date: Feb 12, 1997

Affirmation of Automatic Stay's Extended Scope in Guarantor Deficiency Judgments Introduction In the landmark case of Lamar A. McCartney v. Integra National Bank North, 106 F.3d 506 (3d Cir. 1997),...

Punitive Damages Now Nondischargeable in Bankruptcy under 11 U.S.C. §523(a)(2)(A): In Re Edward S. Cohen

Date: Feb 7, 1997

Punitive Damages Now Nondischargeable in Bankruptcy under 11 U.S.C. §523(a)(2)(A): In Re Edward S. Cohen Introduction The case In Re: Edward S. Cohen, Debtor represents a significant judicial...

Balancing First Amendment Protections and Employer Interests in Public Employee Testimony: Green v. Philadelphia Housing Authority

Date: Feb 1, 1997

Balancing First Amendment Protections and Employer Interests in Public Employee Testimony: Green v. Philadelphia Housing Authority Introduction Green v. Philadelphia Housing Authority, 105 F.3d 882...

Enhancing Jurisdictional Analysis under Federal Diversity Statute in Lemon Law Cases: Suber v. Chrysler Corporation

Date: Jan 17, 1997

Enhancing Jurisdictional Analysis under Federal Diversity Statute in Lemon Law Cases: Suber v. Chrysler Corporation Introduction The case of James Suber v. Chrysler Corporation addresses pivotal...

Establishing Personal Jurisdiction in Cyberspace: Insights from ZIPPO MANUFACTURING CO. v. ZIPPO DOT COM, INC.

Date: Jan 17, 1997

Establishing Personal Jurisdiction in Cyberspace: Insights from ZIPPO MANUFACTURING CO. v. ZIPPO DOT COM, INC. Introduction The advent of the Internet has revolutionized the way businesses operate,...

Expanding Bankruptcy Court Jurisdiction Over Post-Confirmation Fiduciary Breaches: Insights from Donaldson v. Bernstein

Date: Jan 15, 1997

Expanding Bankruptcy Court Jurisdiction Over Post-Confirmation Fiduciary Breaches: Insights from Donaldson v. Bernstein Introduction The case of Dennis C. Donaldson; Marion L. Donaldson, his Wife v....

Third Circuit Reinstates Civil Contempt and Equal Protection Claims Under Consent Decree in Municipal Contract Bidding

Date: Jan 10, 1997

Third Circuit Reinstates Civil Contempt and Equal Protection Claims Under Consent Decree in Municipal Contract Bidding Introduction The case of Independent Enterprises Inc.; Thomas Lozecki v....

Arbitrary Interference with Parental Rights: The Third Circuit's Decision in Croft v. Westmoreland County

Date: Jan 7, 1997

Arbitrary Interference with Parental Rights: The Third Circuit's Decision in Croft v. Westmoreland County Introduction The case of Henry L. Croft, Jr.; Carol Croft, individually and as parents and...

Sanctions Under Federal Rules of Civil Procedure Rule 11: Insights from Gerald Zuk v. Eastern Pennsylvania Psychiatric Institute

Date: Jan 1, 1997

Sanctions Under Federal Rules of Civil Procedure Rule 11: Insights from Gerald Zuk v. Eastern Pennsylvania Psychiatric Institute Introduction The case of Gerald Zuk v. Eastern Pennsylvania...

Representation of Corporate Defendants and Valid Waiver of Counsel: Insights from United States v. John Cocivera

Date: Dec 27, 1996

Representation of Corporate Defendants and Valid Waiver of Counsel: Insights from United States v. John Cocivera Introduction The case of United States of America v. John Cocivera et al., adjudicated...

Legislative Immunity and Executive Actions in 42 U.S.C. §1983: Carver et al v. Foerster and Allegheny County

Date: Dec 13, 1996

Legislative Immunity and Executive Actions in 42 U.S.C. §1983: Carver et al v. Foerster and Allegheny County Introduction In the landmark case Phyllis Carver; Thomas Fox; April Moore; Roberta Rudolph...

Ensuring Consistent Jury Verdicts and Appropriate Jury Instructions in Civil Rights Litigation: An Analysis of Mosley v. Wilson

Date: Dec 12, 1996

Ensuring Consistent Jury Verdicts and Appropriate Jury Instructions in Civil Rights Litigation: An Analysis of Mosley v. Wilson Introduction The case of James Mosley v. Joseph Wilson, et al. presents...