3d Circuit Case Commentaries

Circuit Court Vacates Preliminary Injunction in Campbell Soup Co. v. ConAgra, Inc.

Date: Oct 14, 1992

Immediate Irreparable Harm Must Be Clearly Demonstrated: Campbell Soup Co. v. ConAgra, Inc. Commentary Introduction The legal battle between Campbell Soup Company (“Campbell”) and ConAgra, Inc....

Defining Allowable Units of Prosecution in Tax Evasion: United States v. William Pollen

Date: Oct 14, 1992

Defining Allowable Units of Prosecution in Tax Evasion: United States v. William Pollen Introduction The case of United States of America v. William Pollen, decided by the United States Court of...

Mandamus as a Remedy for Judicial Recusal Under 28 U.S.C. §455: An In-Depth Analysis of IN RE SCHOOL ASBESTOS LITIGATION

Date: Oct 9, 1992

Mandamus as a Remedy for Judicial Recusal Under 28 U.S.C. §455: An In-Depth Analysis of IN RE SCHOOL ASBESTOS LITIGATION Introduction The case titled IN RE SCHOOL ASBESTOS LITIGATION, adjudicated by...

Mootness and Jurisdiction in Class Action Certification: A Commentary on Lusardi et al. v. Xerox Corp.

Date: Sep 17, 1992

Mootness and Jurisdiction in Class Action Certification: A Commentary on Lusardi et al. v. Xerox Corp. Introduction The case of Lusardi et al. v. Xerox Corporation (975 F.2d 964) adjudicated by the...

Defining Accomplice Attribution in Federal Sentencing: Insights from United States v. Collado

Date: Sep 17, 1992

Defining Accomplice Attribution in Federal Sentencing: Insights from United States v. Collado 1. Introduction United States of America v. Policai Collado, Appellants Nos. 91-1492 and 91-1516,...

Affirmation of Conviction in the Absence of Material Brady and Jencks Act Violations

Date: Sep 11, 1992

Affirmation of Conviction in the Absence of Material Brady and Jencks Act Violations Introduction The case of United States of America v. Robert Fitzgerald Hill, adjudicated by the United States...

Mandamus Relief and the Crime-Fraud Exception: An Analysis of the Liggett Group Inc. v. Haines Judgment

Date: Sep 5, 1992

Mandamus Relief and the Crime-Fraud Exception: An Analysis of the Liggett Group Inc. v. Haines Judgment Introduction The case of Susan Haines, as Administratrix ad Prosequendum and Executrix of the...

In re Roth American, Inc. Debtor: Limits on Ordinary Course Transactions and Priority of Employee Benefit Claims in Bankruptcy

Date: Sep 4, 1992

In re Roth American, Inc. Debtor: Limits on Ordinary Course Transactions and Priority of Employee Benefit Claims in Bankruptcy Introduction The case of In re Roth American, Inc. Debtor involves...

Summary Judgment Standards in Trademark Litigation: Resorts International v. Greate Bay Hotel

Date: Sep 2, 1992

Summary Judgment Standards in Trademark Litigation: Resorts International v. Greate Bay Hotel Introduction The landmark case of Resorts International, Inc. v. Greate Bay Hotel and Casino, Inc. serves...

Deliberate Indifference in Correctional Medical Care: Miller v. Correctional Medical Systems

Date: Aug 29, 1992

Deliberate Indifference in Correctional Medical Care: Miller v. Correctional Medical Systems Introduction Alfred I. Miller v. Correctional Medical Systems, Inc., ARA Medical Services, Inc., Benjamin...

Impact of the Grahams v. IRS Decision on Bankruptcy Discharge Standards

Date: Aug 25, 1992

Impact of the Grahams v. IRS Decision on Bankruptcy Discharge Standards Introduction The case of Thomas A. Graham; Elizabeth M. Graham v. Internal Revenue Service (IRS), decided by the United States...

Automatic Stay Applies to Governmental Medicare Providers: Third Circuit Decision in In Re University Medical Center

Date: Aug 25, 1992

Automatic Stay Applies to Governmental Medicare Providers: Third Circuit Decision in In Re University Medical Center Introduction The case of In Re University Medical Center, Debtor v. Louis W....

Ineffective Assistance of Counsel in Capital Sentencing: Insights from Frey v. Fulcomer

Date: Aug 21, 1992

Ineffective Assistance of Counsel in Capital Sentencing: Insights from Frey v. Fulcomer Introduction Frey v. Fulcomer, 974 F.2d 348 (1992), is a pivotal case in the realm of criminal law,...

Affirmation of Limited State Duty: Middle Bucks Area Vocational Technical School v. Appellants

Date: Aug 12, 1992

Affirmation of Limited State Duty: Middle Bucks Area Vocational Technical School v. Appellants Introduction The case of Middle Bucks Area Vocational Technical School v. Appellants addresses the...

Reaffirming the Admissibility of Expert Testimony on Causation in Asbestos Litigation: Keene v. Thomas

Date: Aug 8, 1992

Reaffirming the Admissibility of Expert Testimony on Causation in Asbestos Litigation: Keene v. Thomas Introduction The case of Edward T. Blancha, Executor of the Estate of Frank D. Thomas, Deceased,...

Affirmation of Younger Abstention and Rooker-Feldman Doctrine in Federal Review of State Court Injunctions

Date: Aug 8, 1992

Affirmation of Younger Abstention and Rooker-Feldman Doctrine in Federal Review of State Court Injunctions Introduction In the landmark case Port Authority Police Benevolent Association, Inc.; John...

Clarifying Fraudulent Conveyance Standards in Leveraged Buyouts: The Moody v. Security Pacific Decision

Date: Aug 8, 1992

Clarifying Fraudulent Conveyance Standards in Leveraged Buyouts: The Moody v. Security Pacific Decision Introduction Moody v. Security Pacific Business Credit, Inc. is a pivotal case decided by the...

Clarifying the Burden of Proof for Antitrust Concerted Action: Big Apple BMW Inc. v. BMW of North America Inc.

Date: Aug 7, 1992

Clarifying the Burden of Proof for Antitrust Concerted Action: Big Apple BMW Inc. v. BMW of North America Inc. Introduction The case of Big Apple BMW, Inc.; Potamkin BMW and VW, Inc.; Robert...

Katz v. Aetna Casualty: Expansion of Common Law Fraud Claims in Insurance Disputes

Date: Aug 7, 1992

Katz v. Aetna Casualty: Expansion of Common Law Fraud Claims in Insurance Disputes Introduction The case of Harold Katz and Ruth Katz v. Aetna Casualty Surety Company (972 F.2d 53, United States...

Blasband v. Rales: Establishing Successor Derivative Standing in Post-Merger Context

Date: Aug 1, 1992

Blasband v. Rales: Establishing Successor Derivative Standing in Post-Merger Context Introduction The case of Alfred Blasband v. Steven M. Rales; Mitchell P. Rales; John Doe 1-10; Danaher Corporation...

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