3d Circuit Case Commentaries

Limitation of Liability in Architectural Contracts: VALHAL CORP. v. SULLIVAN ASSOCIATES

Date: Jan 4, 1995

Limitation of Liability in Architectural Contracts: VALHAL CORP. v. SULLIVAN ASSOCIATES Introduction The case of Valhal Corp. v. Sullivan Associates, Inc. centers on the enforceability of a...

Balancing Disparate Impact and Treatment in Age Discrimination: Comprehensive Analysis of Bally's Park Place, Inc. v. Maidenbaum and Fiore

Date: Dec 29, 1994

Balancing Disparate Impact and Treatment in Age Discrimination: Comprehensive Analysis of Bally's Park Place, Inc. v. Maidenbaum and Fiore Introduction The case of Martin Maidenbaum and Joseph A....

Affirmation of Whistleblower Protections and Guidelines for Front Pay: A Comprehensive Analysis of Feldman v. Philadelphia Housing Authority

Date: Dec 23, 1994

Affirmation of Whistleblower Protections and Guidelines for Front Pay: A Comprehensive Analysis of Feldman v. Philadelphia Housing Authority Introduction The case of James C. Feldman v. The...

Reversing Summary Judgment in Age Discrimination: Insights from Torre v. Casio, Inc.

Date: Dec 22, 1994

Reversing Summary Judgment in Age Discrimination: Insights from Torre v. Casio, Inc. Introduction Torre v. Casio, Inc., 42 F.3d 825, adjudicated by the United States Court of Appeals for the Third...

Balancing Judicial Authority and International Comity: Limits on Enjoining Foreign Sovereign Conduct

Date: Dec 21, 1994

Balancing Judicial Authority and International Comity: Limits on Enjoining Foreign Sovereign Conduct Introduction The case of The Republic of the Philippines; National Power Corporation v....

Third Circuit Expands Class Certification for Systemic Child Welfare Failures under Rule 23(b)(2)

Date: Dec 16, 1994

Third Circuit Expands Class Certification for Systemic Child Welfare Failures under Rule 23(b)(2) Introduction In the landmark case of Baby Neal et al. v. Robert P. Casey et al., the United States...

Clarifying 'Under Color of State Law' in §1983 Claims: Insights from Barna v. Perth Amboy

Date: Dec 15, 1994

Clarifying "Under Color of State Law" in §1983 Claims: Insights from Barna v. Perth Amboy Introduction Barna v. City of Perth Amboy et al. is a pivotal case decided by the United States Court of...

Agency Principles in Section 43(a) Liability Under the Lanham Act

Date: Dec 10, 1994

Agency Principles in Section 43(a) Liability Under the Lanham Act Introduction The case of American Telephone and Telegraph Company (AT&T) v. Winback and Conserve Program, Inc., Alphonse G. Inga...

Reaffirmation of Federal Supremacy in Interstate Lottery Sales: PIC-A-State PA, Inc. v. Commonwealth of Pennsylvania

Date: Dec 1, 1994

Reaffirmation of Federal Supremacy in Interstate Lottery Sales: PIC-A-State PA, Inc. v. Commonwealth of Pennsylvania Introduction The case of PIC-A-State PA, Inc.; Zack's Frozen Yogurt; Smitty's...

Himelwright v. United States: Admissibility of Firearms Evidence Under Rules 404(b) and 403

Date: Nov 26, 1994

Himelwright v. United States: Admissibility of Firearms Evidence Under Rules 404(b) and 403 Introduction In the case of United States of America v. Richard C. Himelwright, 42 F.3d 777 (3d Cir. 1994),...

Timeliness Requirements for Reimbursement Claims under the Individuals with Disabilities Education Act: Bernardsville Board of Education v. J.H.

Date: Nov 23, 1994

Timeliness Requirements for Reimbursement Claims under the Individuals with Disabilities Education Act: Bernardsville Board of Education v. J.H. Introduction Bernardsville Board of Education v. J.H....

Freedom of Speech vs. Anti-Discrimination Amendments: Presbytery of New Jersey v. Florio

Date: Nov 17, 1994

Freedom of Speech vs. Anti-Discrimination Amendments: Presbytery of New Jersey v. Florio Introduction Presbytery of New Jersey of the Orthodox Presbyterian Church, along with the Calvary Orthodox...

Inherent Distinctiveness in Product Configurations under the Lanham Act

Date: Nov 16, 1994

Inherent Distinctiveness in Product Configurations under the Lanham Act Introduction DURACO PRODUCTS, INC., APPELLANT, v. JOY PLASTIC ENTERPRISES, LTD., D/B/A BACKYARD PRODUCTS; TRAVIS PRODUCTS, INC....

Establishing Constructive Trusts for Withheld Taxes in Bankruptcy: Insights from City of Farrell v. Sharon Steel Corp.

Date: Nov 16, 1994

Establishing Constructive Trusts for Withheld Taxes in Bankruptcy: Insights from City of Farrell v. Sharon Steel Corporation Introduction The case of City of Farrell v. Sharon Steel Corporation,...

Enforcement of Contractual Indemnity Clauses under Choice of Law: Kruzits v. Okuma Machine Tool et al.

Date: Nov 16, 1994

Enforcement of Contractual Indemnity Clauses under Choice of Law: Kruzits v. Okuma Machine Tool et al. Introduction The case of Charles Sean Kruzits and Mary Kruzits v. Okuma Machine Tool, Inc.;...

Separation of Denaturalization Proceedings and Derivative Citizenship Claims: Legal Insights from United States v. Johann Breyer

Date: Nov 15, 1994

Separation of Denaturalization Proceedings and Derivative Citizenship Claims: Legal Insights from United States v. Johann Breyer Introduction United States v. Johann Breyer, decided on November 14,...

Strict Standards for Irreparable Harm in Preliminary Injunctions: Acierno v. New Castle County

Date: Nov 11, 1994

Strict Standards for Irreparable Harm in Preliminary Injunctions: Acierno v. New Castle County Introduction Acierno v. New Castle County is a landmark case decided by the United States Court of...

Reconciliation of Conflicting Administrative Findings in Disability Benefits Appeals: Adorno v. Shalala

Date: Nov 10, 1994

Reconciliation of Conflicting Administrative Findings in Disability Benefits Appeals: Adorno v. Shalala Introduction The case of Evelyn Adorno v. Donna Shalala, Secretary of Health and Human...

Expanding the Equitable Tolling Doctrine in Employment Discrimination Cases: Insights from Oshiver v. Levin, Fishbein, Sedran Berman

Date: Nov 8, 1994

Expanding the Equitable Tolling Doctrine in Employment Discrimination Cases: Insights from Oshiver v. Levin, Fishbein, Sedran Berman Introduction Oshiver v. Levin, Fishbein, Sedran Berman, 38 F.3d...

Allegheny International v. Allegheny Ludlum: Clarifying Contractual Releases and Res Judicata in Corporate Reimbursements

Date: Nov 5, 1994

Allegheny International v. Allegheny Ludlum: Clarifying Contractual Releases and Res Judicata in Corporate Reimbursements Introduction In the case of Allegheny International, Inc. v. Allegheny Ludlum...