3d Circuit Case Commentaries

Defining State Arm: Third Circuit's Ruling on Eleventh Amendment Immunity for the Pennsylvania Turnpike Commission

Date: May 24, 1995

Defining State Arm: Third Circuit's Ruling on Eleventh Amendment Immunity for the Pennsylvania Turnpike Commission Introduction The case of Charles A. Christy v. Pennsylvania Turnpike Commission...

Mandamus Relief Denied in Glenmede Trust Company v. Thompson Family: Implications for Attorney-Client Privilege and Confidentiality Agreements

Date: May 24, 1995

Mandamus Relief Denied in Glenmede Trust Company v. Thompson Family: Implications for Attorney-Client Privilege and Confidentiality Agreements Introduction In the landmark case of Glenmede Trust...

Offsetting Unrelated Workers’ Compensation Benefits Against SSDI: New Precedent in Krysztoforski v. Chater

Date: May 23, 1995

Offsetting Unrelated Workers’ Compensation Benefits Against SSDI: New Precedent in Krysztoforski v. Chater Introduction Joseph Krysztoforski filed an appeal against Shirley S. Chater, Commissioner of...

Vacating Judicial Orders After Recusal: Insights from Rohrbach v. AT&T Nassau Metals Corp.

Date: May 18, 1995

Vacating Judicial Orders After Recusal: Insights from Rohrbach v. AT&T Nassau Metals Corp. Introduction The case of Rohrbach v. AT&T Nassau Metals Corp. (902 F. Supp. 523) adjudicated in the United...

Redland Soccer Club, Inc. v. U.S. Army: A Comprehensive Analysis of Medical Monitoring Claims and Discovery Privileges in Toxic Tort Litigation

Date: May 16, 1995

Redland Soccer Club, Inc. v. U.S. Army: A Comprehensive Analysis of Medical Monitoring Claims and Discovery Privileges in Toxic Tort Litigation Introduction Redland Soccer Club, Inc. v. U.S. Army is...

Affirming the Intra-Enterprise Conspiracy Doctrine: Application of Copperweld to Near-Wholly Owned Entities

Date: May 13, 1995

Affirming the Intra-Enterprise Conspiracy Doctrine: Application of Copperweld to Near-Wholly Owned Entities Introduction The case of SIEGEL TRANSFER, INC.; ROBIN EXPRESS TRANSFER, INC.; JORUSS...

Assessment of Reasonable Reliance under 11 U.S.C. § 523(a)(2)(B): Insights from INA v. Cohn

Date: May 11, 1995

Assessment of Reasonable Reliance under 11 U.S.C. § 523(a)(2)(B): Insights from Insurance Company of North America v. Cohn Introduction The case of Insurance Company of North America v. David Louis...

Collateral Estoppel and Successor Liability: Insights from Raytech Corp. v. W.

Date: May 11, 1995

Collateral Estoppel and Successor Liability: Insights from Raytech Corporation v. White et al. Introduction The case of Raytech Corporation v. Earl White et al. (54 F.3d 187) tackled the intricate...

Exhaustion of Administrative Remedies Required for Rehabilitation Act Claims Against Federal Agencies

Date: May 11, 1995

Exhaustion of Administrative Remedies Required for Rehabilitation Act Claims Against Federal Agencies Introduction The case of Kevin Spence v. Edward Straw, Admiral, Director of the Defense Logistics...

Affirmation of Terry Stop Applicability in Credit Card Fraud Case: United States v. Norman Edwards

Date: May 9, 1995

Affirmation of Terry Stop Applicability in Credit Card Fraud Case: United States v. Norman Edwards Introduction United States of America v. Norman Edwards, 53 F.3d 616 (3d Cir. 1995), is a pivotal...

Exhaustion of State Remedies and Ineffective Assistance in Habeas Corpus Petitions: Ronald Walker v. Donald T. Vaughn et al.

Date: May 4, 1995

Exhaustion of State Remedies and Ineffective Assistance in Habeas Corpus Petitions: Ronald Walker v. Donald T. Vaughn et al. Introduction The case of Ronald Walker v. Donald T. Vaughn; The Attorney...

Affirmation of 'Mixed-Motives' Standard and Willfulness in ADEA Discrimination: Starceski v. Westinghouse

Date: May 4, 1995

Affirmation of 'Mixed-Motives' Standard and Willfulness in ADEA Discrimination: Starceski v. Westinghouse Introduction In the landmark case of John D. Starceski v. Westinghouse Electric Corporation,...

Substantive Due Process in Land Use Regulation: DeBlasio v. Zoning Board of Adjustment

Date: May 2, 1995

Substantive Due Process in Land Use Regulation: DeBlasio v. Zoning Board of Adjustment Introduction The case of Alfred DeBlasio v. Zoning Board of Adjustment for the Township of West Amwell,...

Clarifying Supplemental Jurisdiction for Third-Party Plaintiffs: Development Finance Corp. v. Alpha Housing Health Care, Inc.

Date: Apr 27, 1995

Clarifying Supplemental Jurisdiction for Third-Party Plaintiffs: Development Finance Corp. v. Alpha Housing Health Care, Inc. Introduction The case of Development Finance Corporation; The National...

Defendants' Motion for Summary Judgment Granted in Hoover v. Watson: No Violation of Pre-Trial Detainees' Constitutional Rights

Date: Apr 25, 1995

Defendants' Motion for Summary Judgment Granted in Hoover v. Watson: No Violation of Pre-Trial Detainees' Constitutional Rights Introduction The case of Nelson Hoover, Vernan Cephas, Glen Ducote, et...

General Motors Settlement Class Action: Reaffirming Rule 23 Class Certification Requirements

Date: Apr 18, 1995

General Motors Settlement Class Action: Reaffirming Rule 23 Class Certification Requirements Introduction The case of In Re General Motors Corporation Pick-Up Truck Fuel Tank Products Liability...

Setting Precedent: Extreme Delay Renders Alternative Forum Inadequate in Forum Non Conveniens (Bhatnagar v. Surrendra Overseas Ltd.)

Date: Apr 18, 1995

Setting Precedent: Extreme Delay Renders Alternative Forum Inadequate in Forum Non Conveniens (Bhatnagar v. Surrendra Overseas Ltd.) Introduction In the seminal case of Bhatnagar v. Surrendra...

Third Circuit Establishes Per Se Reversal for Statutory Impairment of Peremptory Challenges in Juror Selection

Date: Apr 15, 1995

Third Circuit Establishes Per Se Reversal for Statutory Impairment of Peremptory Challenges in Juror Selection Introduction The case of SARAH A. KIRK, ADMINISTRATRIX OF THE ESTATES OF KIRK, ALFRED...

Reaffirming the High Burden on Plaintiffs in Predatory Pricing Antitrust Claims: Advo v. PNI

Date: Apr 15, 1995

Reaffirming the High Burden on Plaintiffs in Predatory Pricing Antitrust Claims: Advo v. PNI Introduction The case Advo, Inc., Appellant v. Philadelphia Newspapers, Inc., d/b/a Philadelphia Inquirer;...

Follow the Fortunes Doctrine Affirmed: Reinsurer's Obligation to Indemnify Defense Costs

Date: Apr 14, 1995

Follow the Fortunes Doctrine Affirmed: Reinsurer's Obligation to Indemnify Defense Costs A Comprehensive Commentary on NORTH RIVER INSURANCE COMPANY v. CIGNA REINSURANCE COMPANY, 52 F.3d 1194 (3d...