3d Circuit Case Commentaries

Dickerson v. Vaughn: Establishing New Precedents on Plea Voluntariness and Effective Assistance of Counsel

Date: Jul 25, 1996

Dickerson v. Vaughn: Establishing New Precedents on Plea Voluntariness and Effective Assistance of Counsel Introduction The case of Anthony Dickerson and Larry Meggett v. Donald T. Vaughn and other...

Reevaluation of Contract Termination in At-Will Agreements: Ideal Dairy Farms v. John Labatt

Date: Jul 25, 1996

Reevaluation of Contract Termination in At-Will Agreements: Ideal Dairy Farms v. John Labatt Introduction The case of Ideal Dairy Farms, Inc. v. John Labatt, Ltd. addresses critical issues...

Affirmation of Punitive Damages Under the New Jersey Law Against Discrimination: Gares v. Willingboro Township

Date: Jul 24, 1996

Affirmation of Punitive Damages Under the New Jersey Law Against Discrimination: Gares v. Willingboro Township United States Court of Appeals, Third Circuit, 1996 Introduction Gares v. Willingboro...

Establishing Municipal Custom in Police Use of Excessive Force Claims under Section 1983 – Beck v. City of Pittsburgh

Date: Jul 23, 1996

Establishing Municipal Custom in Police Use of Excessive Force Claims under Section 1983 Beck v. City of Pittsburgh, 89 F.3d 966 (3d Cir. 1996) Introduction Robert Beck, a rehabilitation counselor...

Reevaluation of Insurance Policy Obligations under NL Industries v. Commercial Union Insurance Co.

Date: Jul 19, 1996

Reevaluation of Insurance Policy Obligations under NL Industries v. Commercial Union Insurance Co. Introduction The case of NL Industries, Inc. v. Commercial Union Insurance Company presents a...

Westinghouse Securities Litigation: Reinforcing Materiality and Pleading Standards under Federal Rules 8 and 9(b)

Date: Jul 19, 1996

Westinghouse Securities Litigation: Reinforcing Materiality and Pleading Standards under Federal Rules 8 and 9(b) Introduction The United States Court of Appeals for the Third Circuit, in the case of...

Third Circuit Establishes Municipal Duty for Reasonable Accommodations Under FHAA

Date: Jul 19, 1996

Third Circuit Establishes Municipal Duty for Reasonable Accommodations Under FHAA Introduction The case of Hovsons, Inc.; John Does v. Township of Brick addressed a pivotal issue concerning the...

Ambiguity in Termination Clauses of Top Hat ERISA Plans: Insights from In re New Valley Corporation

Date: Jul 16, 1996

Ambiguity in Termination Clauses of Top Hat ERISA Plans: Insights from In re New Valley Corporation Introduction The case of In re: New Valley Corporation involves former executives and highly...

Exhaustion of State Remedies in Habeas Corpus: Burkett v. Love

Date: Jul 13, 1996

Exhaustion of State Remedies in Habeas Corpus: Burkett v. Love Introduction Burkett v. Love, 89 F.3d 135 (3d Cir. 1996), is a significant case addressing the procedural prerequisites for federal...

Affirmation of Conspiracy and Fraud Convictions in Euro-American Money Fund Trust Case

Date: Jul 10, 1996

Affirmation of Conspiracy and Fraud Convictions in Euro-American Money Fund Trust Case Introduction The case of United States of America v. Ralph A. Anderskow, adjudicated by the United States Court...

Establishing the Preponderance Standard in Money Laundering Forfeiture and Scrutinizing Outrageous Government Conduct

Date: Jul 10, 1996

Establishing the Preponderance Standard in Money Laundering Forfeiture and Scrutinizing Outrageous Government Conduct Introduction In the landmark case of United States of America v. John Voigt, 89...

Reevaluating Attorney’s Fee Reductions: Insights from Washington v. Philadelphia County Court

Date: Jul 10, 1996

Reevaluating Attorney’s Fee Reductions: Insights from Washington v. Philadelphia County Court Introduction Washington v. Philadelphia County Court of Common Pleas, 89 F.3d 1031 (3d Cir. 1996), serves...

Constructive Filing and Statute of Limitations: McDowell v. Delaware State Police

Date: Jul 6, 1996

Constructive Filing and Statute of Limitations: McDowell v. Delaware State Police Introduction McDowell v. Delaware State Police is a significant appellate court decision rendered by the United...

Accrual of Section 1983 Claims Amidst Pending Prosecutions: The Smith v. Holtz Decision

Date: Jun 27, 1996

Accrual of Section 1983 Claims Amidst Pending Prosecutions: The Smith v. Holtz Decision Introduction The case of Jay C. Smith v. John J. Holtz, et al., adjudicated by the United States Court of...

Third Circuit Affirms County Liability for Discriminatory Personnel Decisions Made by County Prosecutor

Date: Jun 27, 1996

Third Circuit Affirms County Liability for Discriminatory Personnel Decisions Made by County Prosecutor Introduction In the landmark case of Barbara Coleman v. John Kaye et al., the United States...

Enforceability of Arbitration and Forum Selection Clauses Against Non-Signatory Entities: Dayhoff Inc. v. H.J. Heinz Co. Third Circuit Analysis

Date: Jun 25, 1996

Enforceability of Arbitration and Forum Selection Clauses Against Non-Signatory Entities: Dayhoff Inc. v. H.J. Heinz Co. Third Circuit Analysis Introduction The case of Dayhoff Inc. v. H.J. Heinz Co....

Health Care Quality Improvement Act Immunity and Antitrust Implications: Insights from Mathews v. Lancaster General Hospital

Date: Jun 22, 1996

Health Care Quality Improvement Act Immunity and Antitrust Implications: Insights from Mathews v. Lancaster General Hospital Introduction In the landmark case of Mathews v. Lancaster General...

Retaliation in Employment Discrimination: Delli Santi v. CNA Insurance Companies

Date: Jun 21, 1996

Retaliation in Employment Discrimination: Delli Santi v. CNA Insurance Companies Introduction The case of Evelyn Delli Santi v. CNA Insurance Companies et al. adjudicated by the United States Court...

Reaffirmation of ERISA Section 515: Central Pennsylvania Teamsters Pension Fund v. McCormick Dray Line, Inc.

Date: Jun 13, 1996

Reaffirmation of ERISA Section 515: Central Pennsylvania Teamsters Pension Fund v. McCormick Dray Line, Inc. Introduction The case of Central Pennsylvania Teamsters Pension Fund; Central Pennsylvania...

Delaware Law Over Pennsylvania: Limiting Strict Products Liability in Industrial Maintenance Contracts

Date: Jun 11, 1996

Delaware Law Over Pennsylvania: Limiting Strict Products Liability in Industrial Maintenance Contracts Introduction The case Edward C. LeJeune; Deborah LeJeune v. Bliss-Salem, Inc.; E.W. Bliss...