3d Circuit Case Commentaries

Defining Effective Assistance of Counsel in the Context of Juror Misconduct: Analysis of Government of the Virgin Islands v. William Weatherwax

Date: Mar 14, 1996

Defining Effective Assistance of Counsel in the Context of Juror Misconduct: Analysis of Government of the Virgin Islands v. William Weatherwax Introduction The case of Government of the Virgin...

Affirmation of 'Stay Put' Provision under IDEA in Drinker v. Colonial School District

Date: Mar 13, 1996

Affirmation of 'Stay Put' Provision under IDEA in Drinker v. Colonial School District Introduction The case of Drinker v. Colonial School District, adjudicated by the United States Court of Appeals...

Discharge of Unlisted Creditors in No-Asset Chapter 7 Bankruptcy Cases: Analysis of Judd v. Wolfe

Date: Mar 12, 1996

Discharge of Unlisted Creditors in No-Asset Chapter 7 Bankruptcy Cases: Analysis of Judd v. Wolfe Introduction The case of Susan Judd v. Lawrence Wolfe, adjudicated by the United States Court of...

Affirmation of Dismissal in Angst v. Royal Maccabees Life Insurance: Jurisdictional Considerations and Rule 19 Implications

Date: Feb 21, 1996

Affirmation of Dismissal in Angst v. Royal Maccabees Life Insurance: Jurisdictional Considerations and Rule 19 Implications Introduction The case of Robert Angst v. Royal Maccabees Life Insurance...

Eleventh Amendment Immunity in ADEA Claims Against State Employment Agencies

Date: Feb 17, 1996

Eleventh Amendment Immunity in ADEA Claims Against State Employment Agencies Introduction The case of Robert J. Blanciak et al. v. Allegheny Ludlum Corporation et al. addressed a pivotal question in...

Reconsideration of Judicial Vacatur in Rohrbach v. AT&T Nassau Metals Corp.

Date: Feb 16, 1996

Reconsideration of Judicial Vacatur in Rohrbach v. AT&T Nassau Metals Corp. Introduction The case of Sharon Rohrbach, et al. v. AT&T Nassau Metals Corp., et al. (915 F. Supp. 712, 1996), adjudicated...

Limits of Diversity Jurisdiction and Proper Removal of Territorial Eminent Domain Cases: An Analysis of Trustees of the Long Bay Trust v. Leo Francis et al.

Date: Feb 8, 1996

Limits of Diversity Jurisdiction and Proper Removal of Territorial Eminent Domain Cases: An Analysis of Trustees of the Long Bay Trust v. Leo Francis et al. Introduction Trustees of the Long Bay...

Reversing Rooker-Feldman and Younger: A New Precedent in Challenging Judicial Gag Orders

Date: Feb 2, 1996

Reversing Rooker-Feldman and Younger: A New Precedent in Challenging Judicial Gag Orders Introduction The case FOCUS, (For Our Children's Ultimate Safety), a Citizens' Advocacy Group; Jacqueline...

Affirmation of Dismissal Due to Lack of Specific Personal Jurisdiction in Vetrotex CertainTeed Corp. v. Consolidated Fiber Glass Products Co.

Date: Jan 27, 1996

Affirmation of Dismissal Due to Lack of Specific Personal Jurisdiction in Vetrotex CertainTeed Corp. v. Consolidated Fiber Glass Products Co. Introduction The case of Vetrotex CertainTeed Corporation...

Limitations on ADA Applicability to State Prisons Confirmed in Little v. Lycoming County

Date: Jan 19, 1996

Limitations on ADA Applicability to State Prisons Confirmed in Little v. Lycoming County Introduction In the case of Joyce D. Little v. Lycoming County, No. 4: CV-95-399, adjudicated by the United...

Clarifying Fiduciary Duties under ERISA: Third Circuit Vacates Unisys Summary Judgment on Prudence and Diversification Claims

Date: Jan 5, 1996

Clarifying Fiduciary Duties under ERISA: Third Circuit Vacates Unisys Summary Judgment on Prudence and Diversification Claims Introduction The case of In re: Unisys Savings Plan Litigation (74 F.3d...

Jurisdictional Boundaries for Trustee Actions in Bankruptcy Cases: Torkelsen v. Maggio

Date: Jan 5, 1996

Jurisdictional Boundaries for Trustee Actions in Bankruptcy Cases: Torkelsen v. Maggio Introduction Torkelsen v. Maggio, 72 F.3d 1171 (3d Cir. 1996), is a pivotal case in bankruptcy law that...

Recognizing Attendant Care as Allowable Expense Under Pennsylvania No-Fault Act

Date: Dec 30, 1995

Recognizing Attendant Care as Allowable Expense Under Pennsylvania No-Fault Act Introduction Travelers Insurance Company v. Lisa Ann Obusek, 72 F.3d 1148 (3d Cir. 1995), is a pivotal case addressing...

Reversing Judgment as a Matter of Law in Fourth Amendment Illegal Entry and Excessive Force Claims: Bodine v. Warwick et al.

Date: Dec 27, 1995

Reversing Judgment as a Matter of Law in Fourth Amendment Illegal Entry and Excessive Force Claims: Bodine v. Warwick et al. Introduction Bodine v. Warwick et al. is a pivotal case decided by the...

Discretionary Standards in Federal Interpleader Actions: Insights from NYLife Distributors, Inc. v. The Adherence Group, Inc.

Date: Dec 22, 1995

Discretionary Standards in Federal Interpleader Actions: Insights from NYLife Distributors, Inc. v. The Adherence Group, Inc. Introduction NYLife Distributors, Inc. v. The Adherence Group, Inc., 72...

Preventing Frivolous In Forma Pauperis Litigation: Insights from Abdul-Akbar v. Department of Corrections

Date: Dec 20, 1995

Preventing Frivolous In Forma Pauperis Litigation: Insights from Abdul-Akbar v. Department of Corrections Introduction Abdul-Akbar v. Department of Corrections is a landmark 1995 decision by the...

Significantly Protectable Interest in Specific Funds Justifies Intervention: Third Circuit in Mountain Top Condominium Case

Date: Dec 19, 1995

Significantly Protectable Interest in Specific Funds Justifies Intervention: Third Circuit in Mountain Top Condominium Case Introduction The case Mountain Top Condominium Association v. Dave Stabbert...

Known vs. Unknown Creditors: Establishing Standards for Notice in Bankruptcy Proceedings - CHEMETRON CORPORATION v. JONES et al.

Date: Dec 19, 1995

Known vs. Unknown Creditors: Establishing Standards for Notice in Bankruptcy Proceedings Introduction The case of Chemetron Corporation v. Jones et al., adjudicated by the United States Court of...

Third Circuit Reverses Summary Judgment in Brewer v. Quaker State: Implications for Age Discrimination Claims

Date: Dec 15, 1995

Third Circuit Reverses Summary Judgment in Brewer v. Quaker State: Implications for Age Discrimination Claims Introduction In Judson C. Brewer v. Quaker State Oil Refining Corporation; Quaker State...

Reopening Trials Due to Newly Discovered Evidence: Compass Technology v. Tseng Laboratories Establishes Rigorous Standards

Date: Dec 14, 1995

Reopening Trials Due to Newly Discovered Evidence: Compass Technology v. Tseng Laboratories Establishes Rigorous Standards Introduction The case of Compass Technology, Inc. v. Tseng Laboratories,...