3d Circuit Case Commentaries

Third Circuit Upholds Ban on Double-Celling in Overcrowded Prisons as Eighth Amendment Violation

Date: Jun 30, 1990

Third Circuit Upholds Ban on Double-Celling in Overcrowded Prisons as Eighth Amendment Violation Introduction The case of MAJOR TILLERY, VICTOR HASSINE, KENNETH DAVENPORT, WILLIAM GRANDISON, NELSON...

Enforceability of Remedy Limitations in Contracts Under the Interstate Land Sales Full Disclosure Act: Markowitz v. Northeast Land Company

Date: Jun 23, 1990

Enforceability of Remedy Limitations in Contracts Under the Interstate Land Sales Full Disclosure Act: Markowitz v. Northeast Land Company Introduction The case of Tobye R. Markowitz v. Northeast...

Determining Subject Matter Jurisdiction and Diversity in Declaratory Judgment Actions: Employers Insurance of Wausau v. Crown Cork Seal Company

Date: Jun 13, 1990

Determining Subject Matter Jurisdiction and Diversity in Declaratory Judgment Actions: Employers Insurance of Wausau v. Crown Cork Seal Company Introduction Employers Insurance of Wausau, a Mutual...

Appropriate Timing for Frivolous Dismissals under 28 U.S.C. § 1915(d): Insights from Roman v. Jeffes

Date: Jun 9, 1990

Appropriate Timing for Frivolous Dismissals under 28 U.S.C. § 1915(d): Insights from Roman v. Jeffes Introduction Roman v. Jeffes, 904 F.2d 192 (3d Cir. 1990), is a pivotal case adjudicated by the...

Expanded Authority of OSHA Administrative Subpoenas: Insights from Doel v. Trinity Industries

Date: Jun 8, 1990

Expanded Authority of OSHA Administrative Subpoenas: Insights from Doel v. Trinity Industries Introduction In the landmark case of Elizabeth Dole, Secretary of Labor, United States Department of...

Substantial Gainful Activity: Reevaluating Disability Determinations in Social Security Cases

Date: Jun 7, 1990

Substantial Gainful Activity: Reevaluating Disability Determinations in Social Security Cases Introduction The case of Barbara Berry v. Louis W. Sullivan, Secretary of Health and Human Services...

Reaffirming Limitations on Hostile Environment Claims in Employment Discrimination: Drinkwater v. Union Carbide

Date: Jun 7, 1990

Reaffirming Limitations on Hostile Environment Claims in Employment Discrimination: Drinkwater v. Union Carbide Introduction Drinkwater v. Union Carbide Corporation, 904 F.2d 853 (3d Cir. 1990), is a...

Third Circuit Affirms SSA's Alcoholism Disability Regulation Following McShea and Purter

Date: Jun 1, 1990

Third Circuit Affirms SSA's Alcoholism Disability Regulation Following McShea and Purter Introduction In the case of In Re Petition of Louis W. Sullivan, M.D. et al., the United States Court of...

Affirmation of Sanctioning Frivolous Civil Rights Claims under 42 U.S.C. § 1988

Date: May 22, 1990

Affirmation of Sanctioning Frivolous Civil Rights Claims under 42 U.S.C. § 1988 Introduction The case of Brown v. Borough of Chambersburg et al. (903 F.2d 274) adjudicated by the United States Court...

Gerald Schafer v. Board of Public Education: Establishing Legal Parity in Childrearing Leave under Title VII

Date: May 18, 1990

Gerald Schafer v. Board of Public Education: Establishing Legal Parity in Childrearing Leave under Title VII Introduction The case of Gerald Schafer v. Board of Public Education of the School...

Mandate Implementation in Pension Surplus Allocation: Insights from Delgrosso v. Spang Co.

Date: May 18, 1990

Mandate Implementation in Pension Surplus Allocation: Insights from Delgrosso v. Spang Co. Introduction The case of Delgrosso v. Spang Co. (903 F.2d 234, United States Court of Appeals, Third...

Statute of Limitations and Interplay Between LMRA and FLSA Claims: Insights from Vadino v. Valey Engineers

Date: May 18, 1990

Statute of Limitations and Interplay Between LMRA and FLSA Claims: Insights from Vadino v. Valey Engineers Introduction The case of Louis Vadino v. A. Valey Engineers serves as a pivotal examination...

Proportionality and Protection of Damages in Preliminary Injunctions: Hoxworth v. Blinder, Robinson Co. (Third Circuit, 1990)

Date: May 10, 1990

Proportionality and Protection of Damages in Preliminary Injunctions: Hoxworth v. Blinder, Robinson Co. (Third Circuit, 1990) Introduction Hoxworth, Dan H., Hoxworth, Louise A., on behalf of...

Enhanced Standards for False Advertising Claims Under the Lanham Act: Sandoz Pharmaceuticals Corp. v. Richardson-Vicks, Inc.

Date: Apr 25, 1990

Enhanced Standards for False Advertising Claims Under the Lanham Act: Sandoz Pharmaceuticals Corp. v. Richardson-Vicks, Inc. Introduction The case of Sandoz Pharmaceuticals Corporation v....

Age Discrimination in Employment: Third Circuit Upholds Summary Judgment Except on Termination Claims under ADEA and NJLAD

Date: Apr 24, 1990

Age Discrimination in Employment: Third Circuit Upholds Summary Judgment Except on Termination Claims under ADEA and NJLAD Introduction In the appellate case of William T. Turner v. Schering-Plough...

Standing and Reargument Standards Under Local Rule 3.3: Brambles USA, Inc. v. Blocker et al.

Date: Apr 24, 1990

Standing and Reargument Standards Under Local Rule 3.3: Brambles USA, Inc. v. Blocker et al. Introduction In the case of Brambles USA, Inc. v. Barry B. Blocker et al., the United States District...

Balancing Access and Preventing Abuse: The Abdul-Akbar v. Watson Decision

Date: Apr 21, 1990

Balancing Access and Preventing Abuse: The Abdul-Akbar v. Watson Decision Introduction Abdul-Akbar v. Watson, 901 F.2d 329 (3d Cir. 1990), is a pivotal case addressing the delicate balance between...

Protected Possessory Interests Under Bankruptcy Automatic Stay: Insights from In Re Atlantic Business and Community Corporation

Date: Apr 19, 1990

Protected Possessory Interests Under Bankruptcy Automatic Stay: Insights from In Re Atlantic Business and Community Corporation Introduction The case of In Re Atlantic Business and Community...

On-Call Part-Time Employment Constitutes Substantial Gainful Activity: Insights from Wright v. Sullivan

Date: Apr 10, 1990

On-Call Part-Time Employment Constitutes Substantial Gainful Activity: Insights from Wright v. Sullivan Introduction In the landmark case Wright, Joya v. Sullivan, Louisiana Secretary of Health and...

Sanctions and Recusal Standards: Insights from Jones v. Pittsburgh National Corporation

Date: Apr 4, 1990

Sanctions and Recusal Standards: Insights from Jones v. Pittsburgh National Corporation Introduction The case of Catherine M. Jones v. Pittsburgh National Corporation et al., adjudicated by the...

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