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  • Commentaries
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3d Circuit Case Commentaries

Strict Adherence to Jurisdictional Limits in Black Lung Benefits Appeals: SHENDOCK v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS

Strict Adherence to Jurisdictional Limits in Black Lung Benefits Appeals: SHENDOCK v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS

Date: Jan 13, 1990
Strict Adherence to Jurisdictional Limits in Black Lung Benefits Appeals: SHENDOCK v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS Introduction The case of Shendock v. Director, Office of...
Affirmation of FOIA Exemptions and Privacy Act Interpretations in Patterson v. FBI

Affirmation of FOIA Exemptions and Privacy Act Interpretations in Patterson v. FBI

Date: Jan 9, 1990
Affirmation of FOIA Exemptions and Privacy Act Interpretations in Patterson v. FBI Introduction The case of Todd Patterson, a Minor Suing by His Father, Edgar Patterson v. Federal Bureau of...
Establishing Standards for Attorney’s Fees Awards under 42 U.S.C. § 1988: An Analysis of Rode and Hileman v. Dellarciprete et al.

Establishing Standards for Attorney’s Fees Awards under 42 U.S.C. § 1988: An Analysis of Rode and Hileman v. Dellarciprete et al.

Date: Jan 5, 1990
Establishing Standards for Attorney’s Fees Awards under 42 U.S.C. § 1988: An Analysis of Rode and Hileman v. Dellarciprete et al. Introduction The case of Vivian M. Rode and Jay C. Hileman v....
Prima Facie Case in Title VII Discrimination: EEOC v. Metal Service Company

Prima Facie Case in Title VII Discrimination: EEOC v. Metal Service Company

Date: Jan 4, 1990
Prima Facie Case in Title VII Discrimination: EEOC v. Metal Service Company Introduction Equal Employment Opportunity Commission (EEOC) brought forth a legal challenge against Metal Service Company,...
United States of America v. Joseph Kelly: Conspiracy and Confrontation Clause Implications

United States of America v. Joseph Kelly: Conspiracy and Confrontation Clause Implications

Date: Dec 20, 1989
United States of America v. Joseph Kelly: Conspiracy and Confrontation Clause Implications Introduction The case of United States of America v. Joseph Kelly (892 F.2d 255, United States Court of...
Limitation of the Federal Privacy Act on the Federal Tort Claims Act: O'Donnell v. United States

Limitation of the Federal Privacy Act on the Federal Tort Claims Act: O'Donnell v. United States

Date: Dec 16, 1989
Limitation of the Federal Privacy Act on the Federal Tort Claims Act: O'Donnell v. United States Introduction In the landmark case Thomas J. O'Donnell, Appellant, v. United States of America (891...
Limitations of State Immunity in Federal Rights Violations: Insights from Good v. Dauphin County Social Services

Limitations of State Immunity in Federal Rights Violations: Insights from Good v. Dauphin County Social Services

Date: Dec 16, 1989
Limitations of State Immunity in Federal Rights Violations: Insights from Good v. Dauphin County Social Services Introduction The case of Good, Sandra and Good, Jochebed v. Dauphin County Social...
Defining the "Ordinary Course of Business" in Preferential Transfers: Insights from Fyfe, Inc. v. Bradco Supply Corp.

Defining the "Ordinary Course of Business" in Preferential Transfers: Insights from Fyfe, Inc. v. Bradco Supply Corp.

Date: Dec 9, 1989
Defining the "Ordinary Course of Business" in Preferential Transfers: Insights from Fyfe, Inc. v. Bradco Supply Corp. Introduction Fyfe, Inc. of Florida v. Bradco Supply Corporation is a pivotal case...
Enhancing Defendants' Rights in CCE Cases and Presentence Reporting: United States v. Kostrick et al.

Enhancing Defendants' Rights in CCE Cases and Presentence Reporting: United States v. Kostrick et al.

Date: Dec 9, 1989
Enhancing Defendants' Rights in CCE Cases and Presentence Reporting: United States v. Kostrick et al. Introduction In the landmark case United States v. Kostrick et al., the United States Court of...
Expanding the Definition of "Seller" under Section 12(2) of the Securities Act: A Commentary on In Re Craftmatic Securities Litigation

Expanding the Definition of "Seller" under Section 12(2) of the Securities Act: A Commentary on In Re Craftmatic Securities Litigation

Date: Nov 30, 1989
Expanding the Definition of "Seller" under Section 12(2) of the Securities Act: A Commentary on In Re Craftmatic Securities Litigation Introduction In the case of In Re Craftmatic Securities...
Limits on Procedural Due Process and Emotional Distress Claims in Police Employment: Clark v. Township of Falls

Limits on Procedural Due Process and Emotional Distress Claims in Police Employment: Clark v. Township of Falls

Date: Nov 23, 1989
Limits on Procedural Due Process and Emotional Distress Claims in Police Employment: Clark v. Township of Falls Introduction Clark v. Township of Falls (890 F.2d 611, United States Court of Appeals,...
Deliberate Indifference Standard under 42 U.S.C. § 1983: Insights from Williams v. Borough of West Chester

Deliberate Indifference Standard under 42 U.S.C. § 1983: Insights from Williams v. Borough of West Chester

Date: Nov 22, 1989
Deliberate Indifference Standard under 42 U.S.C. § 1983: Insights from Williams v. Borough of West Chester Introduction Williams v. Borough of West Chester, Pennsylvania (891 F.2d 458, 1989) is a...
DeLuca v. United States: Clarifying the Applicability of Habeas Corpus in Sentencing Defects

DeLuca v. United States: Clarifying the Applicability of Habeas Corpus in Sentencing Defects

Date: Nov 16, 1989
DeLuca v. United States: Clarifying the Applicability of Habeas Corpus in Sentencing Defects Introduction UNITED STATES OF AMERICA v. DeLUCA, DOMINIC ANGELO, 889 F.2d 503 (3d Cir. 1989), is a pivotal...
Affirmation of Denial of Severance in Joint Conspiracy Trial: United States v. Thomson

Affirmation of Denial of Severance in Joint Conspiracy Trial: United States v. Thomson

Date: Oct 31, 1989
Affirmation of Denial of Severance in Joint Conspiracy Trial: United States v. Thomson Introduction In United States v. David Thomson, 888 F.2d 300 (3d Cir. 1989), the United States Court of Appeals...
Establishing Burden of Proof and Admissibility of Grand Jury Testimony in Sentencing: United States v. McDowell, Jr.

Establishing Burden of Proof and Admissibility of Grand Jury Testimony in Sentencing: United States v. McDowell, Jr.

Date: Oct 26, 1989
Establishing Burden of Proof and Admissibility of Grand Jury Testimony in Sentencing: United States v. McDowell, Jr. Introduction United States of America v. John W. McDowell, Jr., 888 F.2d 285 (3d...
Declaratory Judgment Standards in Insurance Duty to Defend Cases: Third Circuit Sets Precedent

Declaratory Judgment Standards in Insurance Duty to Defend Cases: Third Circuit Sets Precedent

Date: Oct 19, 1989
Declaratory Judgment Standards in Insurance Duty to Defend Cases: Third Circuit Sets Precedent Introduction The case Terra Nova Insurance Company, Ltd. v. 900 Bar, Inc. addressed pivotal questions...
Finality of Confirmed Chapter 13 Plans: Acceptance by Timely Objection Failure

Finality of Confirmed Chapter 13 Plans: Acceptance by Timely Objection Failure

Date: Oct 13, 1989
Finality of Confirmed Chapter 13 Plans: Acceptance by Timely Objection Failure Introduction The case of In Re Fred J. Szostek, Denise M. Szostek, Appellants, 886 F.2d 1405 (3d Cir. 1989), addresses a...
Affirmation of Solicitation Conviction Based on Circumstantial Evidence and Proper Sentencing Guideline Application in United States v. McNeill

Affirmation of Solicitation Conviction Based on Circumstantial Evidence and Proper Sentencing Guideline Application in United States v. McNeill

Date: Oct 12, 1989
Affirmation of Solicitation Conviction Based on Circumstantial Evidence and Proper Sentencing Guideline Application in United States v. McNeill Introduction United States of America v. James P....
Affirming Summary Judgment in Defiant Trespass Claims Under 42 U.S.C. §1983: Probable Cause and Rule 56(f) Compliance

Affirming Summary Judgment in Defiant Trespass Claims Under 42 U.S.C. §1983: Probable Cause and Rule 56(f) Compliance

Date: Oct 7, 1989
Affirming Summary Judgment in Defiant Trespass Claims Under 42 U.S.C. §1983: Probable Cause and Rule 56(f) Compliance Introduction In the case of Charles Radich and Howard Walton v. W. Wilson Goode...
Equitable Estoppel Overriding Statute of Limitations in Business Ownership Misrepresentation

Equitable Estoppel Overriding Statute of Limitations in Business Ownership Misrepresentation

Date: Oct 4, 1989
Equitable Estoppel Overriding Statute of Limitations in Business Ownership Misrepresentation: Bechtel v. Robinson & Gray Introduction The case of Bechtel; Greene v. Robinson & Gray serves as a...
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