3d Circuit Case Commentaries

MCI Telecommunications v. Teleconcepts: Establishing Statute of Limitations and Primary Jurisdiction in Telecommunications Collection Actions

Date: Dec 9, 1995

MCI Telecommunications v. Teleconcepts: Establishing Statute of Limitations and Primary Jurisdiction in Telecommunications Collection Actions Introduction The case of MCI Telecommunications...

Third Circuit Adopts Brunner Test for Undue Hardship in Student Loan Bankruptcy Cases

Date: Nov 29, 1995

Third Circuit Adopts Brunner Test for Undue Hardship in Student Loan Bankruptcy Cases Introduction In the landmark case IN RE Marjorie Jo Faish, Debtor. Pennsylvania Higher Education Assistance...

Qualified Immunity Reinforced in Fourth Amendment Unreasonable Seizure Claims

Date: Nov 23, 1995

Qualified Immunity Reinforced in Fourth Amendment Unreasonable Seizure Claims Introduction The case Arnold Orsatti, Jr. and Rebecca Orsatti v. New Jersey State Police et al. (71 F.3d 480) addressed...

Expanding Judicial Review in IDEA: Admission of Additional Evidence in Susan N. v. Wilson School District

Date: Nov 21, 1995

Expanding Judicial Review in IDEA: Admission of Additional Evidence in Susan N. v. Wilson School District Introduction The case of Susan N.; David N. v. Wilson School District, adjudicated by the...

Affirmation of Contractual Obligations in Unfunded Deferred Compensation Plans under ERISA: Kemmerer v. ICI Americas Inc.

Date: Nov 18, 1995

Affirmation of Contractual Obligations in Unfunded Deferred Compensation Plans under ERISA: Kemmerer v. ICI Americas Inc. Introduction The case of Kemmerer and Jordan v. ICI Americas Inc. (95-1071 &...

Gomez v. Allegheny Health Services: Upholding Standards in National Origin Discrimination Claims under Title VII

Date: Nov 16, 1995

Gomez v. Allegheny Health Services: Upholding Standards in National Origin Discrimination Claims under Title VII Introduction In the landmark case Fernando Gomez, M.D. v. Allegheny Health Services,...

Deference to Collective Bargaining Procedures in Determining Reasonable Suspicion under the Fourth Amendment: Dyke v. SEPTA

Date: Nov 8, 1995

Deference to Collective Bargaining Procedures in Determining Reasonable Suspicion under the Fourth Amendment: Dyke v. SEPTA Introduction In the case of Joseph G. Dyke v. Southeastern Pennsylvania...

Establishing Appellate Jurisdiction Over Preliminary Injunctions in Settlement Disputes: Caplan v. Fellheimer Eichen Braverman Kaskey et al.

Date: Oct 25, 1995

Establishing Appellate Jurisdiction Over Preliminary Injunctions in Settlement Disputes: Caplan v. Fellheimer Eichen Braverman Kaskey et al. Introduction The case of Maia Caplan v. Fellheimer Eichen...

Affirmation of Habeas Corpus Denial in FLAMER v. STATE: Reinforcing Sixth Amendment Protections

Date: Oct 20, 1995

Affirmation of Habeas Corpus Denial in FLAMER v. STATE: Reinforcing Sixth Amendment Protections Introduction FLAMER v. STATE of Delaware, 68 F.3d 710 (3d Cir. 1995), is a pivotal case that...

Settlement Agreements Do Not Automatically Bar Damages Claims Under Section 504 and Section 1983: Third Circuit Decision

Date: Oct 18, 1995

Settlement Agreements Do Not Automatically Bar Damages Claims Under Section 504 and Section 1983: Third Circuit Decision Introduction The case of W.B., Parent of Minor E.J., et al. v. Mansfield Board...

Forfeiture of Sixth Amendment Right to Counsel: An Analysis of United States v. Goldberg

Date: Oct 17, 1995

Forfeiture of Sixth Amendment Right to Counsel: An Analysis of United States v. Goldberg Introduction United States of America v. Ronald J. Goldberg is a seminal case adjudicated by the United States...

Age Discrimination Reinforced: Insights from Barber v. CSX Distribution Services

Date: Oct 17, 1995

Age Discrimination Reinforced: Insights from Barber v. CSX Distribution Services Introduction In the landmark case of Simon A. Barber v. CSX Distribution Services, a Unit of CSX Transportation, Inc.;...

Deutsch v. United States: Defining Frivolous Claims under In Forma Pauperis Statute

Date: Oct 13, 1995

Deutsch v. United States: Defining Frivolous Claims under In Forma Pauperis Statute 1. Introduction In the landmark case of Melvin P. Deutsch v. United States of America, 67 F.3d 1080 (3d Cir. 1995),...

Procedural Defect in Case Removal by Forum-State Citizen is Subject to Mandamus Review

Date: Sep 15, 1995

Procedural Defect in Case Removal by Forum-State Citizen is Subject to Mandamus Review Introduction The case Korea Exchange Bank, New York Branch v. Trackwise Sales Corporation; Moo Sung Ko; and...

Affirmation of the Economic Loss Doctrine and Contractual Remedies in Business Litigation

Date: Sep 13, 1995

Affirmation of the Economic Loss Doctrine and Contractual Remedies in Business Litigation Introduction In the case of Duquesne Light Company, et al. v. Westinghouse Electric Corporation, decided on...

New York Law Prevails in Insurance Coverage for Product Liability Claims in NL Industries v. Commercial Union Insurance Company

Date: Sep 9, 1995

New York Law Prevails in Insurance Coverage for Product Liability Claims in NL Industries v. Commercial Union Insurance Company Introduction NL Industries, Inc. v. Commercial Union Insurance Company,...

Expanding Federal Authority: Upholding the Federal Carjacking Statute under the Commerce Clause in United States v. Bishop and Stokes

Date: Sep 8, 1995

Expanding Federal Authority: Upholding the Federal Carjacking Statute under the Commerce Clause in United States v. Bishop and Stokes Introduction In the landmark case of United States of America v....

Reversing Dismissal: Third Circuit Upholds Physician's Sherman Act Claims Against Hospital Conspiracy

Date: Sep 2, 1995

Reversing Dismissal: Third Circuit Upholds Physician's Sherman Act Claims Against Hospital Conspiracy Introduction The case of Alan H. Brader v. Allegheny General Hospital; George J. Magovern, and...

Enhancing Back Pay Awards and Prejudgment Interest Under Title VII: Insights from Booker III v. Taylor Milk Company

Date: Sep 1, 1995

Enhancing Back Pay Awards and Prejudgment Interest Under Title VII: Insights from Booker III v. Taylor Milk Company Introduction In the landmark case of Booker III v. Taylor Milk Company, the United...

United States v. Velasquez: Admissibility of Expert Testimony in Handwriting Analysis

Date: Sep 1, 1995

United States v. Velasquez: Admissibility of Expert Testimony in Handwriting Analysis Introduction In the case of United States of America; Government of the Virgin Islands v. Edwin Velasquez, 64...