3d Circuit Case Commentaries

Reversal of Summary Judgment in Aman v. Cort Furniture Rental: Establishing Hostile Work Environment, Constructive and Retaliatory Discharge under Title VII

Date: May 31, 1996

Reversal of Summary Judgment in Aman v. Cort Furniture Rental: Establishing Hostile Work Environment, Constructive and Retaliatory Discharge under Title VII Introduction The case of Carol Aman and...

Establishment Clause Reinforced: Third Circuit Rules Against Student-Led Graduation Prayer Policy

Date: May 25, 1996

Establishment Clause Reinforced: Third Circuit Rules Against Student-Led Graduation Prayer Policy Case Citation: The American Civil Liberties Union of New Jersey, on behalf of its members; and Edward...

Strict Adherence to Rule 35(b) and Government's Sole Authority in Sentence Reduction: UNITED STATES v. FRIEDLAND

Date: May 18, 1996

Strict Adherence to Rule 35(b) and Government's Sole Authority in Sentence Reduction: UNITED STATES v. FRIEDLAND Introduction United States of America v. David Friedland, 83 F.3d 1531 (3d Cir. 1996),...

Georgine v. Amchem Products: Reinforcing Strict Rule 23 Standards in Class Action Asbestos Litigation

Date: May 11, 1996

Georgine v. Amchem Products: Reinforcing Strict Rule 23 Standards in Class Action Asbestos Litigation Introduction Georgine v. Amchem Products, Inc. is a landmark decision by the United States Court...

Bankruptcy Court's Discretion in Approving Settlements: In Re: Martin v. Myers and Morane

Date: May 8, 1996

Bankruptcy Court's Discretion in Approving Settlements: In Re: Martin v. Myers and Morane Introduction The case of In Re: John C. Martin; Sally A. Martin, Debtors. Jo Ann Myers; Melvin Morane v. John...

Affirmative Action Plans and Sovereign Immunity: Insights from Antol v. Perry

Date: May 8, 1996

Affirmative Action Plans and Sovereign Immunity: Insights from Antol v. Perry Introduction The case of Kenneth C. Antol v. William J. Perry, Secretary of the Department of Defense, adjudicated by the...

Clarifying Early Retirement Eligibility: The "Throughout" Standard under OBRA Amendments in Edelman v. Commissioner of Social Security

Date: May 8, 1996

Clarifying Early Retirement Eligibility: The "Throughout" Standard under OBRA Amendments in Edelman v. Commissioner of Social Security Introduction Herman Edelman v. Commissioner of Social Security...

Expanding Protections Under ERISA Section 510: Kowalski v. L F Products

Date: May 3, 1996

Expanding Protections Under ERISA Section 510: Kowalski v. L F Products Introduction Kowalski v. L F Products is a landmark decision by the United States Court of Appeals for the Third Circuit,...

Employer's Knowledge Requirement in Pregnancy Discrimination Cases: Insights from Geraci v. Moody-Tottrup, Inc.

Date: May 1, 1996

Employer's Knowledge Requirement in Pregnancy Discrimination Cases: Insights from Geraci v. Moody-Tottrup, Inc. Introduction Geraci v. Moody-Tottrup, International, Inc., 82 F.3d 578 (3d Cir. 1996),...

Inadequate Circumstantial Evidence and the Burden of Proof in Negligence Claims: Fedorczyk v. Caribbean Cruise Lines

Date: Apr 27, 1996

Inadequate Circumstantial Evidence and the Burden of Proof in Negligence Claims: Fedorczyk v. Caribbean Cruise Lines Introduction Fedorczyk v. Caribbean Cruise Lines, Ltd., Royal Caribbean Cruises,...

Johnson v. Cullen et al.: Statute of Limitations Application for 42 U.S.C. §1983 Claims

Date: Apr 27, 1996

Johnson v. Cullen et al.: Statute of Limitations Application for 42 U.S.C. §1983 Claims Introduction The case of Terry Ann Johnson and Charles Ihlenfeld v. Michael G. Cullen, Wayne Ihlenfeld, Kenneth...

Qualified Immunity and First Amendment Protections in Public Employment Retaliation: Pro v. Donatucci

Date: Apr 27, 1996

Qualified Immunity and First Amendment Protections in Public Employment Retaliation: Pro v. Donatucci Introduction The case of Sisinia Pro v. Ronald Donatucci, decided by the United States Court of...

Third Circuit Establishes Nuanced Standards for Eighth Amendment Claims in Prison Conditions

Date: Apr 26, 1996

Third Circuit Establishes Nuanced Standards for Eighth Amendment Claims in Prison Conditions Introduction In the landmark case of Nami et al. v. Fauver et al., decided on April 25, 1996, the United...

Establishing Compensatory Education Standards under IDEA: M.C. & G.C. v. Central Regional School District

Date: Apr 18, 1996

Establishing Compensatory Education Standards under IDEA: M.C.; AND G.C. v. Central Regional School District Introduction The case of M.C.; AND G.C., ON BEHALF OF their son, J.C. v. Central Regional...

Judicial Estoppel in Post-Bankruptcy Litigation: Insights from Ryan Operations G.P. v. Santiam-Midwest Lumber Co.

Date: Apr 16, 1996

Judicial Estoppel in Post-Bankruptcy Litigation: Insights from Ryan Operations G.P., a Virginia General Partnership and NVR, L.P., a Virginia Limited Partnership, on behalf of its division, NVR...

Defining 'Punishment' in Megan's Law: Artway v. Attorney General of New Jersey

Date: Apr 13, 1996

Defining 'Punishment' in Megan's Law: Artway v. Attorney General of New Jersey Introduction In the landmark case Alexander A. Artway v. The Attorney General of the State of New Jersey, decided on...

Direct Purchaser Rule Reinforced in McCarthy v. Recordex Service, Inc.

Date: Apr 5, 1996

Direct Purchaser Rule Reinforced in McCarthy v. Recordex Service, Inc. Introduction In the landmark case of Mary Ruth McCarthy et al. v. Recordex Service, Inc. et al., the United States Court of...

Authority of the Bureau of Prisons in Sentence Computation: Chambers v. Hollands

Date: Apr 5, 1996

Authority of the Bureau of Prisons in Sentence Computation: Chambers v. Hollands Introduction Kim Chambers, an inmate at the United States Penitentiary-Allenwood in White Deer, Pennsylvania, filed a...

Miramax Licensing Practices and Antitrust Implications: A Comprehensive Analysis of Orson, Inc. v. Miramax Film Corp.

Date: Apr 2, 1996

Miramax Licensing Practices and Antitrust Implications: A Comprehensive Analysis of Orson, Inc. v. Miramax Film Corp. Introduction The case of Orson, Inc., D/B/A Roxy Screening Rooms v. Miramax Film...

Holbrook v. Lykes Bros.: Broadening the Scope of Expert Testimony Under Federal Rule 702

Date: Mar 22, 1996

Holbrook v. Lykes Bros.: Broadening the Scope of Expert Testimony Under Federal Rule 702 Introduction In the landmark case of Grace A. Holbrook, Administratrix of the Estate of John P. Holbrook v....