3d Circuit Case Commentaries

Enhancing Deference to Foreign Plaintiff’s Choice of Forum in Forum Non Conveniens Cases

Date: Oct 3, 1989

Enhancing Deference to Foreign Plaintiff’s Choice of Forum in Forum Non Conveniens Cases Introduction In the case of Adolf Lony, Appellant, v. E.I. Du Pont de Nemours Company, adjudicated by the...

Third Circuit Establishes Criteria for Partial In Forma Pauperis Status in Transcript Funding Requests

Date: Sep 28, 1989

Third Circuit Establishes Criteria for Partial In Forma Pauperis Status in Transcript Funding Requests Introduction In the landmark case Russell F. Walker v. People Express Airlines, Inc., the United...

Expanded Standing Under RICO: Shearin v. E.F. Hutton Group, Inc.

Date: Sep 21, 1989

Expanded Standing Under RICO: Shearin v. E.F. Hutton Group, Inc. Introduction The case of K. Kay Shearin v. The E.F. Hutton Group, Inc., decided by the United States Court of Appeals for the Third...

Sufficient Evidence Standards in Child Pornography Cases: Analysis of United States v. Villard

Date: Sep 20, 1989

Sufficient Evidence Standards in Child Pornography Cases: Analysis of United States v. Villard Introduction The case of United States of America v. Robert David Villard, reported at 885 F.2d 117,...

Enforcement of Pre-Petition Arbitration Agreements by Bankruptcy Trustees: Hays v. Merrill Lynch

Date: Sep 16, 1989

Enforcement of Pre-Petition Arbitration Agreements by Bankruptcy Trustees: Hays v. Merrill Lynch Introduction The case of Hays and Company, as Trustee for Monge Oil Corporation v. Merrill Lynch,...

Application of Younger Abstention Doctrine in Confession of Judgment Procedures

Date: Sep 16, 1989

Application of Younger Abstention Doctrine in Confession of Judgment Procedures Introduction In the case of Theresa Schall v. John P. Joyce et al., decided by the United States Court of Appeals for...

Eighth Amendment and § 1983 Liability for Prison Officials: Insights from Sample v. Diecks et al.

Date: Sep 13, 1989

Eighth Amendment and § 1983 Liability for Prison Officials: Insights from Sample v. Diecks et al. Introduction Joseph B. Sample v. Ernest E. Diecks, et al. is a pivotal case decided by the United...

Qualified Immunity and Supervisory Liability in Educational Institutions: STONEKING v. BRADFORD AREA SCHOOL DISTrict

Date: Sep 13, 1989

Qualified Immunity and Supervisory Liability in Educational Institutions: STONEKING v. BRADFORD AREA SCHOOL DISTrict Introduction STONEKING v. BRADFORD AREA SCHOOL DISTrict, 882 F.2d 720 (3d Cir....

Expanding Boundaries of Legislative Immunity: Insights from Lunderstadt v. Colafella

Date: Sep 12, 1989

Expanding Boundaries of Legislative Immunity: Insights from Lunderstadt v. Colafella Introduction Lunderstadt, Scott, and Bernardo v. Colafella et al. is a pivotal judicial decision from the United...

Restricting Frivolous Litigation: Analysis of Ceritano v. Packer Avenue Associates

Date: Sep 9, 1989

Restricting Frivolous Litigation: Analysis of Ceritano v. Packer Avenue Associates Introduction The case of Ceritano v. Packer Avenue Associates addresses the critical balance between a litigant's...

Bailey v. Sullivan: Affirming the Consideration of Combined Nonsevere Impairments in Disability Determinations

Date: Sep 7, 1989

Bailey v. Sullivan: Affirming the Consideration of Combined Nonsevere Impairments in Disability Determinations Introduction In Bailey v. Sullivan, the United States Court of Appeals for the Third...

Limits on District Court's Discretion in Reducing Attorneys' Fees in ERISA Cases: Bell v. United Princeton Properties

Date: Sep 6, 1989

Limits on District Court's Discretion in Reducing Attorneys' Fees in ERISA Cases: Bell v. United Princeton Properties Introduction In the landmark case of Joyce C. Bell v. United Princeton...

Ensuring Fair Medicaid Reimbursement: Insights from West Virginia University Hospitals, Inc. v. Pennsylvania Officials

Date: Sep 6, 1989

Ensuring Fair Medicaid Reimbursement: Insights from West Virginia University Hospitals, Inc. v. Pennsylvania Officials Introduction The case of West Virginia University Hospitals, Inc. v. Robert...

Consent and Waiver Standards Affirmed, Conspiracy Conviction Reversed in Velasquez Case

Date: Sep 2, 1989

Consent and Waiver Standards Affirmed, Conspiracy Conviction Reversed in Velasquez Case Introduction In the landmark case United States of America v. Francisca Rosa Velasquez, the United States Court...

Establishing Admissibility of Party-Opponent Statements in Federal Civil Rights Cases

Date: Sep 1, 1989

Establishing Admissibility of Party-Opponent Statements in Federal Civil Rights Cases Introduction The case of John Savarese and Edward Flaxman v. William Agriss et al. et al., adjudicated by the...

Third Circuit Establishes Limits on Procedural and Substantive Due Process in Contractual Disputes

Date: Aug 25, 1989

Third Circuit Establishes Limits on Procedural and Substantive Due Process in Contractual Disputes Introduction In the landmark case of Samuel J. Reich v. Patricia Beharry, an Individual and the...

Reaffirming the Necessity of Irreparable Harm and Bond Requirements for Preliminary Injunctions in Contract Disputes

Date: Aug 18, 1989

Reaffirming the Necessity of Irreparable Harm and Bond Requirements for Preliminary Injunctions in Contract Disputes Introduction The case Instant Air Freight Co., a Corporation of the State of New...

Preliminary Injunctive Relief in Arbitrable Disputes under the Federal Arbitration Act

Date: Aug 18, 1989

Preliminary Injunctive Relief in Arbitrable Disputes under the Federal Arbitration Act Introduction The case Orthopharmaceutical Corporation v. Amgen, Inc. addresses a pivotal issue in the interplay...

Statute of Limitations for Title IX Claims: Bougher v. University of Pittsburgh

Date: Aug 16, 1989

Statute of Limitations for Title IX Claims in Educational Discrimination: Bougher v. University of Pittsburgh Introduction Bougher v. University of Pittsburgh, 882 F.2d 74 (3rd Cir. 1989), is a...

Scienter Requirement Affirmed and Expanded in Securities Fraud and RICO Claims: Insights from In re Phillips Petroleum Securities Litigation

Date: Aug 10, 1989

Scienter Requirement Affirmed and Expanded in Securities Fraud and RICO Claims: Insights from In re Phillips Petroleum Securities Litigation Introduction In re Phillips Petroleum Securities...

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