3d Circuit Case Commentaries

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...

U.S. v. Polan: Upholding Indictment Standards and Procedural Protections in Controlled Substance Distribution by Physicians

Date: Jul 30, 1992

U.S. v. Polan: Upholding Indictment Standards and Procedural Protections in Controlled Substance Distribution by Physicians Introduction The case of United States of America v. William S. Polan,...

Colt Industries Operating Corporation Severance Plan: Clarifying Employer Discretion Under ERISA

Date: Jul 28, 1992

Colt Industries Operating Corporation Severance Plan: Clarifying Employer Discretion Under ERISA Introduction The case of John W. Anthuis, Jr., and Donald Dale Groscost v. Colt Industries Operating...

Clarifying In Rem Jurisdiction and Claimant Standing in Civil Forfeiture: Third Circuit's Analysis in United States v. Friko Corporation

Date: Jul 23, 1992

Clarifying In Rem Jurisdiction and Claimant Standing in Civil Forfeiture: Third Circuit's Analysis in United States v. Friko Corporation Introduction The case of United States of America v. Contents...

Clarifying Sentencing Guidelines: Limits on Obstruction of Justice and Leadership in Drug Offenses – United States v. Belletiere

Date: Jul 23, 1992

Clarifying Sentencing Guidelines: Limits on Obstruction of Justice and Leadership in Drug Offenses United States v. Belletiere, 971 F.2d 961 (3d Cir. 1992) Introduction In United States of America v....

Preemption of State Contract Law by Federal Labor Law in Mack Trucks Buyout Case

Date: Jul 22, 1992

Preemption of State Contract Law by Federal Labor Law in Mack Trucks Buyout Case Introduction The case of Kerment A. Angst et al. v. Mack Trucks, Inc., decided by the United States Court of Appeals...

Reaffirming Exhaustion of State Remedies: The Landano Decision on Bail in Habeas Corpus Proceedings

Date: Jul 17, 1992

Reaffirming Exhaustion of State Remedies: The Landano Decision on Bail in Habeas Corpus Proceedings Introduction Vincent James Landano v. John J. Rafferty is a pivotal case adjudicated by the United...

Partial Reversal of Younger Abstention: Gwynedd Properties, Inc. v. Lower Gwynedd Township

Date: Jul 16, 1992

Partial Reversal of Younger Abstention: Gwynedd Properties, Inc. v. Lower Gwynedd Township Introduction Gwynedd Properties, Inc. v. Lower Gwynedd Township, 970 F.2d 1195 (3d Cir. 1992), is a pivotal...

Substantial Evidence Supports Appeals Council's Denial of Disability Benefits: Williams v. Sullivan

Date: Jul 15, 1992

Substantial Evidence Supports Appeals Council's Denial of Disability Benefits: Williams v. Sullivan Introduction In the landmark case Thomas Williams, Appellant, v. Louis W. Sullivan, M.D., Secretary...

Ineffective Assistance of Counsel in Plea Bargaining: United States v. William Day

Date: Jul 14, 1992

Ineffective Assistance of Counsel in Plea Bargaining: United States v. William Day Introduction In United States of America v. William Day, 969 F.2d 39 (3d Cir. 1992), the United States Court of...

Harmless Error in Chain-of-Custody Procedures: Elkin v. Fauver Establishes Limits on Civil Contempt Sanctions

Date: Jul 14, 1992

Harmless Error in Chain-of-Custody Procedures: Elkin v. Fauver Establishes Limits on Civil Contempt Sanctions Introduction Michael J. Elkin v. William H. Fauver, E. Calvin Neubert, Donald Mee, Jr. is...

Affirming Federal Rules of Civil Procedure Supremacy in International Service of Process: Umbenhaurer v. Woog

Date: Jul 11, 1992

Affirming Federal Rules of Civil Procedure Supremacy in International Service of Process: Umbenhaurer v. Woog Introduction In the case of Umbenhaurer v. Woog (969 F.2d 25, 3d Cir. 1992), the United...

Preservation of Evidence in Prison Disciplinary Proceedings: Establishing Limits on Due Process Claims

Date: Jul 8, 1992

Preservation of Evidence in Prison Disciplinary Proceedings: Establishing Limits on Due Process Claims Introduction Eddie Griffin v. John Spratt and J. Kevin Kane is a pivotal case adjudicated by the...

Clarifying Prosecutorial Immunity and Appellate Jurisdiction under 42 U.S.C. § 1983: A Comprehensive Analysis of Kulwicki v. Dawson

Date: Jul 3, 1992

Clarifying Prosecutorial Immunity and Appellate Jurisdiction under 42 U.S.C. § 1983: A Comprehensive Analysis of Kulwicki v. Dawson Introduction The case of Kulwicki v. Dawson (969 F.2d 1454, 1992)...

Affirmation of Dismissal in Sanguigni v. Pittsburgh Board of Public Education

Date: Jul 2, 1992

Affirmation of Dismissal in Sanguigni v. Pittsburgh Board of Public Education Introduction Phyllis J. Sanguigni, a tenured health and physical education teacher at Taylor Allderdice High School in...

Third Circuit Sets Limits on Interlocutory Appeals of Denied Substitution Requests under the Federal Employees Liability Reform and Tort Compensation Act

Date: Jun 30, 1992

Third Circuit Sets Limits on Interlocutory Appeals of Denied Substitution Requests under the Federal Employees Liability Reform and Tort Compensation Act Introduction The case of Irwin Schrob; and...

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