3d Circuit Case Commentaries

Expanding Consumer Protection: Enforcement of UDAP and Act 6 in Residential Foreclosure Procedures – In re Johnnie Mae Smith

Date: Jan 13, 1989

Expanding Consumer Protection: Enforcement of UDAP and Act 6 in Residential Foreclosure Procedures – In re Johnnie Mae Smith Introduction The case of In re Johnnie Mae Smith, 866 F.2d 576 (3d Cir....

Alter Ego Liability in Involuntary Bankruptcy: B.D.W. Associates, Inc. v. Busy Beaver Building Centers, Inc.

Date: Jan 12, 1989

Alter Ego Liability in Involuntary Bankruptcy: B.D.W. Associates, Inc. v. Busy Beaver Building Centers, Inc. Introduction B.D.W. Associates, Inc., Debtor, v. Busy Beaver Building Centers, Inc.,...

Ineffective Assistance of Counsel in Batson Challenges: Insights from Government of the Virgin Islands v. Forte

Date: Jan 7, 1989

Ineffective Assistance of Counsel in Batson Challenges: Insights from Government of the Virgin Islands v. Forte Introduction Government of the Virgin Islands v. Forte, Frederick, 865 F.2d 59 (3d Cir....

Reaffirmation of Standards for Conflict of Interest Under the Sixth Amendment: United States v. Gambino

Date: Dec 31, 1988

Reaffirmation of Standards for Conflict of Interest Under the Sixth Amendment: United States v. Gambino Introduction In the landmark case of United States v. Gambino, Rosario, 864 F.2d 1064 (3d Cir....

Retroactive Application of McNally in Mail Fraud Convictions

Date: Dec 30, 1988

Retroactive Application of McNally in Mail Fraud Convictions Introduction In United States of America v. Maurice S. Osser (864 F.2d 1056), the Third Circuit Court of Appeals addressed the retroactive...

Third-Party Beneficiary and Negligence in Construction Subcontracts: Insights from Pierce Associates v. Nemours Foundation

Date: Dec 30, 1988

Third-Party Beneficiary and Negligence in Construction Subcontracts: Insights from Pierce Associates v. Nemours Foundation Introduction Pierce Associates, Inc. and Federal Insurance Co., Appellants...

Reaffirmation of Burford Abstention Doctrine in Insurance Liquidation Proceedings: Lac d'Amiante du Quebec v. American Home Assurance Co.

Date: Dec 29, 1988

Reaffirmation of Burford Abstention Doctrine in Insurance Liquidation Proceedings: Lac d'Amiante du Quebec v. American Home Assurance Co. Introduction The case of Lac d'Amiante du Quebec, Ltee v....

Keystone Insurance Co. v. Houghton: Establishing the Accrual Rule for Civil RICO Claims

Date: Dec 16, 1988

Keystone Insurance Co. v. Houghton: Establishing the Accrual Rule for Civil RICO Claims Introduction Keystone Insurance Company appealed a decision from the United States District Court for the...

Unified Statute of Limitations for Tort and Contract Claims in Personal Injury Cases: Insights from Jablonski v. Pan Am

Date: Dec 15, 1988

Unified Statute of Limitations for Tort and Contract Claims in Personal Injury Cases: Insights from Jablonski v. Pan Am Introduction The case of Allan J. Jablonski v. Pan American World Airways, Inc....

Totality of Circumstances Test for ADEA Waiver Affirmed – Cirillo v. Arco Chemical Co.

Date: Dec 2, 1988

Totality of Circumstances Test for ADEA Waiver Affirmed – Cirillo v. Arco Chemical Co. Introduction The case of Vincent A. Cirillo v. Arco Chemical Company is a pivotal judicial decision addressing...

Affirmation of Court-Authorized Notice in Opt-In ADEA Class Actions: Sperling v. Hoffmann-La Roche Inc.

Date: Dec 1, 1988

Affirmation of Court-Authorized Notice in Opt-In ADEA Class Actions: Sperling v. Hoffmann-La Roche Inc. Introduction The case of Sperling, Hemsley, and Zelauskas v. Hoffman-La Roche Inc. addresses a...

Age Discrimination: Timing of Termination as Evidence of Pretext – White v. Westinghouse Electric

Date: Nov 26, 1988

Age Discrimination: Timing of Termination as Evidence of Pretext – White v. Westinghouse Electric Introduction James R. White v. Westinghouse Electric Company is a pivotal case in the realm of...

Adequate Record Requirement for Forum Non Conveniens Motions in Products Liability Cases

Date: Nov 22, 1988

Adequate Record Requirement for Forum Non Conveniens Motions in Products Liability Cases Introduction The appellate case GRAEME MacARTHUR LACEY, APPELLANT, v. CESSNA AIRCRAFT COMPANY, A CORPORATION;...

Frankenfield v. Bowen: Reevaluation of Disability Determinations in Social Security Cases

Date: Nov 18, 1988

Frankenfield v. Bowen: Reevaluation of Disability Determinations in Social Security Cases Introduction Frankenfield v. Bowen is a pivotal case decided by the United States Court of Appeals for the...

Right to Jury Trial Under ERISA's Remedial Provisions – Cox v. Keystone Carbon Co.

Date: Nov 10, 1988

Right to Jury Trial Under ERISA's Remedial Provisions – Cox v. Keystone Carbon Co. Introduction John H. Cox, an appellant, challenged the dismissal of his claims under the Employee Retirement Income...

Constructive Discharge in Employment Discrimination: Levendos v. Stern Entertainment

Date: Nov 10, 1988

Constructive Discharge in Employment Discrimination: Levendos v. Stern Entertainment Introduction The case of Elizabeth Levendos v. Stern Entertainment, Inc. and Stern Entertainment Systems, Inc....

United States v. Frank: Upholding Interstate Flight Conviction and Clarifying Sentencing Guidelines Applicability

Date: Nov 8, 1988

United States v. Frank: Upholding Interstate Flight Conviction and Clarifying Sentencing Guidelines Applicability Introduction United States of America v. Alan Frank is a pivotal case adjudicated by...

Affirmation of Summary Judgment in Healy v. New York Life: No Pretextual Age Discrimination Found in Reduction-in-Force

Date: Nov 8, 1988

Affirmation of Summary Judgment in Healy v. New York Life: No Pretextual Age Discrimination Found in Reduction-in-Force Introduction The case of William Joseph Healy, Jr. v. New York Life Insurance...

Affirmation of Plaintiff's Burden in Excessive Force Claims Under §1983 in Edwards v. City of Philadelphia

Date: Oct 26, 1988

Affirmation of Plaintiff's Burden in Excessive Force Claims Under §1983 in Edwards v. City of Philadelphia Introduction Edwards v. City of Philadelphia and Officer Haworth is a pivotal case...

Woody v. Secretary of Health and Human Services: Establishing Standards for Mental Impairments in Disability Claims

Date: Oct 22, 1988

Woody v. Secretary of Health and Human Services: Establishing Standards for Mental Impairments in Disability Claims Introduction The case of Walter Woody v. Secretary of Health and Human Services...

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