3d Circuit Case Commentaries

Affirmation of Bankruptcy Court’s Discretion on Late Proof of Claim Filings in Vertientes v. Internor Trade

Date: Apr 20, 1988

Affirmation of Bankruptcy Court’s Discretion on Late Proof of Claim Filings in Vertientes v. Internor Trade Introduction The case of Vertientes, Ltd., Plaintiff-Appellee v. Internor Trade, Inc.,...

Third Circuit Confirms Absolute Immunity for Pretrial Witness Testimony in Civil Rights Actions

Date: Apr 19, 1988

Third Circuit Confirms Absolute Immunity for Pretrial Witness Testimony in Civil Rights Actions Introduction Ronald A. Williams v. David A. Hepting, et al., 844 F.2d 138 (3d Cir. 1988), presents a...

Enhanced Appellate Jurisdiction in FOIA Cases: Insights from Hinton v. DOJ and FBI

Date: Apr 15, 1988

Enhanced Appellate Jurisdiction in FOIA Cases: Insights from Hinton v. DOJ and FBI Introduction The case of William H. Hinton v. The Department of Justice and the Federal Bureau of Investigation, 844...

Enforcement of Pre-Hire Agreements under §8(f) of the NLRA: Insights from International Association of Bridge, Structural and Ornamental Iron Workers, Local 3 v. National Labor Relations Board

Date: Apr 13, 1988

Enforcement of Pre-Hire Agreements under §8(f) of the NLRA: Insights from International Association of Bridge, Structural and Ornamental Iron Workers, Local 3 v. National Labor Relations Board...

Establishing Uniform Federal Limitations Period for Securities Fraud under Section 10(b) and Rule 10b-5: Data Access Systems Case Commentary

Date: Apr 9, 1988

Establishing Uniform Federal Limitations Period for Securities Fraud under Section 10(b) and Rule 10b-5: Data Access Systems Case Commentary Introduction The case titled Data Access Systems...

Affirmation of Monetary Sanctions for Discovery Noncompliance and Mandamus Relief on Pendent Claims in Hewlett v. City of Philadelphia

Date: Apr 7, 1988

Affirmation of Monetary Sanctions for Discovery Noncompliance and Mandamus Relief on Pendent Claims in Hewlett v. City of Philadelphia Introduction Hewlett v. City of Philadelphia is a notable case...

Reevaluation of Summary Judgment Standards in Antitrust Claims: MILLER v. INDIANA HOSPITAL, Third Circuit

Date: Apr 1, 1988

Reevaluation of Summary Judgment Standards in Antitrust Claims: MILLER v. INDIANA HOSPITAL, Third Circuit Introduction The case of Ralph J. Miller, M.D., Appellant v. Indiana Hospital adjudicated by...

Reinforcement of Rule 37 Discovery Sanctions: Third Circuit Affirms Dismissal for Egregious Discovery Abuses in Bedwell v. International Fidelity Insurance Co.

Date: Apr 1, 1988

Reinforcement of Rule 37 Discovery Sanctions: Third Circuit Affirms Dismissal for Egregious Discovery Abuses in Bedwell v. International Fidelity Insurance Co. Introduction The case of Curtis T....

Third Circuit Clarifies Standards for Piercing the Corporate Veil under New Jersey Law in Craig v. Lake Asbestos

Date: Apr 1, 1988

Third Circuit Clarifies Standards for Piercing the Corporate Veil under New Jersey Law in Craig v. Lake Asbestos Introduction In the landmark case of Clarence Craig and Duveen A. Craig v. Lake...

Application of BATSON v. KENTUCKY in Jury Selection and Affirmative Defense Burden-Shifting in Witness Intimidation Cases: Clemons’ Appeal

Date: Apr 1, 1988

Application of BATSON v. KENTUCKY in Jury Selection and Affirmative Defense Burden-Shifting in Witness Intimidation Cases: Clemons’ Appeal 1. Introduction The case of United States of America v....

Reynolds v. Ellingsworth: Reevaluating Procedural Default in Habeas Corpus Under Sykes Standard

Date: Apr 1, 1988

Reynolds v. Ellingsworth: Reevaluating Procedural Default in Habeas Corpus Under Sykes Standard Introduction Reynolds v. Ellingsworth, 843 F.2d 712 (3d Cir. 1988), presents a pivotal appellate...

Sovereign Law's Supremacy in Oil Royalty Contracts: Phoenix Canada Oil Co. v. Texaco, Inc.

Date: Mar 31, 1988

Sovereign Law's Supremacy in Oil Royalty Contracts: Phoenix Canada Oil Co. v. Texaco, Inc. Introduction In the landmark case of Phoenix Canada Oil Company Limited v. Texaco, Inc. (842 F.2d 1466),...

Broad Interpretation of ERISA §510 Standing and RICO Pattern Requirements Established by Third Circuit

Date: Mar 30, 1988

Broad Interpretation of ERISA §510 Standing and RICO Pattern Requirements Established by Third Circuit Introduction In the landmark case of Arsenio C. Saporito et al. v. Combustion Engineering Inc....

Third Circuit Establishes Community Market Rate Standard for Fee-Shifting in For-Profit Public Interest Legal Cases

Date: Mar 25, 1988

Third Circuit Establishes Community Market Rate Standard for Fee-Shifting in For-Profit Public Interest Legal Cases Introduction In the landmark case Student Public Interest Research Group of New...

Claim Preclusion in Federal Section 1983 Actions: Insights from Gregory v. Lower Saucon Township

Date: Mar 25, 1988

Claim Preclusion in Federal Section 1983 Actions: Insights from Gregory v. Lower Saucon Township Introduction Gregory v. Lower Saucon Township is a notable case decided by the United States Court of...

Unreasonably Dangerous Standard in Product Liability: Analysis of SHARON V. CHILDERS

Date: Mar 23, 1988

Unreasonably Dangerous Standard in Product Liability: Analysis of SHARON V. CHILDERS Introduction The case of Sharon v. Childers, heard by the United States Court of Appeals for the Third Circuit in...

Strict Standards for Nunc Pro Tunc Approval of Professional Employment in Chapter 11 Bankruptcy Proceedings

Date: Mar 22, 1988

Strict Standards for Nunc Pro Tunc Approval of Professional Employment in Chapter 11 Bankruptcy Proceedings Introduction In the case of In re F/S AirLease II, Inc., 844 F.2d 99 (3d Cir. 1988), the...

Comprehensive Commentary on Paradise Hotel Corporation v. Bank of Nova Scotia

Date: Mar 16, 1988

Jurisdiction Over Secured Creditors in Involuntary Bankruptcy: Insights from Paradise Hotel Corporation v. Bank of Nova Scotia Introduction The appellate case of Paradise Hotel Corporation d/b/a...

Finality and Leave in Bankruptcy Appeals: In Re White Beauty View, Inc. Case Commentary

Date: Mar 16, 1988

Finality and Leave in Bankruptcy Appeals: In Re White Beauty View, Inc. Case Commentary Introduction The legal landscape surrounding bankruptcy proceedings often involves intricate procedural...

Metzger v. Osbeck: Intent as a Central Factor in Substantive Due Process Claims Under §1983

Date: Mar 12, 1988

Metzger v. Osbeck: Intent as a Central Factor in Substantive Due Process Claims Under §1983 Introduction Metzger v. Osbeck, 841 F.2d 518 (3d Cir. 1988), is a pivotal case adjudicated by the United...

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