3d Circuit Case Commentaries

Third Circuit Reaffirms Likelihood of Confusion Standard in Product Configuration Trade Dress Infringement

Date: Feb 16, 1995

Third Circuit Reaffirms Likelihood of Confusion Standard in Product Configuration Trade Dress Infringement Introduction In the landmark case of VERSA PRODUCTS COMPANY, INC., APPELLEE, v. BIFOLD...

Enforcement of Consent Decrees and Civil Contempt: Insights from Martin v. City of Philadelphia

Date: Feb 16, 1995

Enforcement of Consent Decrees and Civil Contempt: Insights from Martin v. City of Philadelphia Introduction The case of Martin Harris et al. v. The City of Philadelphia centers on a class-action...

Limits of §1983 Claims in Federal Prisons: Qualified Immunity and Verbal Threats in MacLean v. Secor and McNabb

Date: Feb 15, 1995

Limits of §1983 Claims in Federal Prisons: Qualified Immunity and Verbal Threats in MacLean v. Secor and McNabb Introduction John Arthur MacLean v. T.J. Secor and Pat McNabb is a pivotal case decided...

State Law Supersedes Federal Common Law in Termination of Public Contracts: Insights from Linan-Faye Constr. Co. v. Housing Authority of Camden

Date: Feb 14, 1995

State Law Supersedes Federal Common Law in Termination of Public Contracts: Insights from Linan-Faye Constr. Co. v. Housing Authority of Camden Introduction The case of Linan-Faye Construction Co.,...

Tabas Estate v. Tabas: Affirming RICO’s Applicability in Prolonged Internal Business Fraud Schemes

Date: Feb 14, 1995

Tabas Estate v. Tabas: Affirming RICO’s Applicability in Prolonged Internal Business Fraud Schemes Introduction Tabas Estate v. Tabas et al. is a pivotal case adjudicated by the United States Court...

Inactive Corporations and Diversity Jurisdiction: Insights from MIDLANTIC NATIONAL BANK v. Hansen

Date: Feb 14, 1995

Inactive Corporations and Diversity Jurisdiction: Insights from MIDLANTIC NATIONAL BANK v. Hansen Introduction MIDLANTIC NATIONAL BANK, Apellee, v. E.F. Hansen, Jr.; G. Eileen Hansen; Hansen Bancorp,...

Enhancing Sovereign Immunity Protections: Beneficial Consumer Discount Co. v. Poltonowicz

Date: Feb 10, 1995

Enhancing Sovereign Immunity Protections: Beneficial Consumer Discount Co. v. Poltonowicz Introduction Beneficial Consumer Discount Company ("Beneficial") appealed a decision from the United States...

Third Circuit Clarifies Preemption under Medical Devices Amendments: Express Warranties and Fraud Claims Remain Actionable

Date: Feb 8, 1995

Third Circuit Clarifies Preemption under Medical Devices Amendments: Express Warranties and Fraud Claims Remain Actionable Introduction In the landmark case of Nina Michael, Appellant, v. Shiley,...

Judicial Scrutiny on Grid Utilization in Disability Claims: Jesurum v. Secretary of HHS

Date: Feb 7, 1995

Judicial Scrutiny on Grid Utilization in Disability Claims: Jesurum v. Secretary of Health and Human Services Introduction The case of Gisela Jesurum v. Secretary of the United States Department of...

Petrucelli v. Bohringer Ratzinger: Expanding Judicial Discretion in Service of Process under Rule 4(m)

Date: Feb 2, 1995

Petrucelli v. Bohringer Ratzinger: Expanding Judicial Discretion in Service of Process under Rule 4(m) Introduction Petrucelli v. Bohringer Ratzinger, GmbH Ausdereitungsanlagen et al. is a pivotal...

ADA Title II Mandate for Integrated Care Settings: Analysis of ADAPT v. Snider

Date: Feb 1, 1995

ADA Title II Mandate for Integrated Care Settings: Analysis of ADAPT v. Snider Introduction In the landmark case ADAPT v. Snider, the United States Court of Appeals for the Third Circuit addressed...

Limitations on Remand Under 28 U.S.C. §1441(c): Third Circuit Clarifies Jurisdictional Boundaries

Date: Feb 1, 1995

Limitations on Remand Under 28 U.S.C. §1441(c): Third Circuit Clarifies Jurisdictional Boundaries Introduction The case of Borough of West Mifflin and Wayne F. Evan v. Gary L. Lancaster, adjudicated...

Zehrbach and Mervis v. United States: Overruling DiLoreto's Per Se Reversal Rule in Bankruptcy Fraud Proceedings

Date: Jan 24, 1995

Zehrbach and Mervis v. United States: Overruling DiLoreto's Per Se Reversal Rule in Bankruptcy Fraud Proceedings Introduction In the landmark case of United States of America v. Darus H. Zehrbach and...

Clarifying Burden of Proof in ADEA Age Discrimination Cases: Miller v. CIGNA

Date: Jan 24, 1995

Clarifying Burden of Proof in ADEA Age Discrimination Cases: Miller v. CIGNA Introduction Miller v. CIGNA Corporation; The Insurance Company of North America, 47 F.3d 586 (3d Cir. 1995), is a pivotal...

Supplemental Jurisdiction Limits in FLSA Cases: Lyon v. Whisman Associates

Date: Jan 20, 1995

Supplemental Jurisdiction Limits in FLSA Cases: Lyon v. Whisman Associates Introduction In the landmark case of Patricia A. Lyon v. James A. Whisman; Whisman Associates, P.A., decided on January 19,...

Expanding the Scope of Continuing Violations in Hostile Work Environment Claims: Insights from West v. Philadelphia Electric Company

Date: Jan 20, 1995

Expanding the Scope of Continuing Violations in Hostile Work Environment Claims: Insights from West v. Philadelphia Electric Company Introduction In James West v. Philadelphia Electric Company...

Third Circuit Affirms RICO Liability of Corporate Officers in Warranty Fraud Scheme

Date: Jan 19, 1995

Third Circuit Affirms RICO Liability of Corporate Officers in Warranty Fraud Scheme Introduction In the landmark case of Jaguar Cars, Inc. v. Royal Oaks Motor Car Company, Inc., the United States...

Kiewit Eastern Co. v. L R Construction Co.: Establishing Clear Indemnification Obligations

Date: Jan 11, 1995

Kiewit Eastern Co. v. L R Construction Co.: Establishing Clear Indemnification Obligations Introduction The case of Kiewit Eastern Co., Inc.; Kiewit/Perini, A Joint Venture, et al. v. L R...

Sempier v. Johnson Higgins: Reinforcing Pretextual Standards in ADEA Litigation and Upholding Proper Discovery Practices

Date: Jan 7, 1995

Sempier v. Johnson Higgins: Reinforcing Pretextual Standards in ADEA Litigation and Upholding Proper Discovery Practices Introduction In the landmark case of Burt N. Sempier v. Johnson Higgins,...

Balazik v. County of Dauphin: Establishing Federal Court Remand Standards in §1983 Tax Challenges

Date: Jan 6, 1995

Balazik v. County of Dauphin: Establishing Federal Court Remand Standards in §1983 Tax Challenges Introduction The case Balazik v. County of Dauphin, decided by the United States Court of Appeals for...