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  • Commentaries
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3d Circuit Case Commentaries

Exhaustion of State Remedies in Federal Habeas Corpus Petitions: Insights from O'Halloran v. Ryan

Exhaustion of State Remedies in Federal Habeas Corpus Petitions: Insights from O'Halloran v. Ryan

Date: Dec 19, 1987
Exhaustion of State Remedies in Federal Habeas Corpus Petitions: Insights from O'Halloran v. Ryan Introduction The case of Francis O'Halloran v. Joseph Ryan serves as a pivotal examination of the...
Equal Protection Considerations for Attorneys' Access in Federal Prisons: Analysis of Sturm v. Clark

Equal Protection Considerations for Attorneys' Access in Federal Prisons: Analysis of Sturm v. Clark

Date: Dec 15, 1987
Equal Protection Considerations for Attorneys' Access in Federal Prisons: Analysis of Sturm v. Clark Introduction The case of Cheryl J. Sturm v. Clark et al. addresses critical issues surrounding the...
Third Circuit Affirms Denial of Rule 11 Sanctions in Employment Termination Dispute

Third Circuit Affirms Denial of Rule 11 Sanctions in Employment Termination Dispute

Date: Dec 15, 1987
Third Circuit Affirms Denial of Rule 11 Sanctions in Employment Termination Dispute Introduction The case of Albert J. Gaardino and Patricia Gaardino v. Ethyl Corporation, decided on December 14,...
Defining "Debt" under the Fair Debt Collection Practices Act: Insights from Zimmerman v. HBO Affiliate Group

Defining "Debt" under the Fair Debt Collection Practices Act: Insights from Zimmerman v. HBO Affiliate Group

Date: Dec 10, 1987
Defining "Debt" under the Fair Debt Collection Practices Act: Insights from Zimmerman v. HBO Affiliate Group Introduction The case of Zimmerman, John G., on behalf of himself and all others similarly...
Ensuring Proper Procedure: Third Circuit Reverses Default Judgment in EMCASCO v. Sambrick

Ensuring Proper Procedure: Third Circuit Reverses Default Judgment in EMCASCO v. Sambrick

Date: Nov 28, 1987
Ensuring Proper Procedure: Third Circuit Reverses Default Judgment in EMCASCO v. Sambrick Introduction The case of Emcasco Insurance Company v. Louis Sambrick is a pivotal decision articulated by the...
Inmates' Right to Elective Abortion Unencumbered by Court-Ordered Release: Monmouth County v. Lanzaro

Inmates' Right to Elective Abortion Unencumbered by Court-Ordered Release: Monmouth County v. Lanzaro

Date: Nov 26, 1987
Inmates' Right to Elective Abortion Unencumbered by Court-Ordered Release: Monmouth County v. Lanzaro Introduction The case of Monmouth County Correctional Institution Inmates v. Lanzaro evaluated...
Marxe v. AT&T: Clarifying the Requirement of Irreparable Harm for Title VII Retaliation Injunctions

Marxe v. AT&T: Clarifying the Requirement of Irreparable Harm for Title VII Retaliation Injunctions

Date: Nov 25, 1987
Marxe v. AT&T: Clarifying the Requirement of Irreparable Harm for Title VII Retaliation Injunctions Introduction Francine Marxe v. C.W. Jackson, C.E. Yates, and AT&T Communications, Inc. is a pivotal...
Expert Testimony Requirement for Pretrial Detainees' §1983 Claims Affirmed in Inmates of Allegheny County Jail v. Kozakiewicz

Expert Testimony Requirement for Pretrial Detainees' §1983 Claims Affirmed in Inmates of Allegheny County Jail v. Kozakiewicz

Date: Nov 17, 1987
Expert Testimony Requirement for Pretrial Detainees' §1983 Claims Affirmed in Inmates of Allegheny County Jail v. Kozakiewicz Introduction In the case of Inmates of Allegheny County Jail v....
Unanimity in Jury Verdicts: The United States v. James Beros Analysis

Unanimity in Jury Verdicts: The United States v. James Beros Analysis

Date: Nov 11, 1987
Unanimity in Jury Verdicts: The United States v. James Beros Analysis Introduction The United States v. James Beros, Titus McCue A/K/A Tim McCune, 833 F.2d 455 (3d Cir. 1987), presents a pivotal...
IADA Non-Retroactivity Affirmed in Habeas Corpus Context: Charles Diggs v. Owens and Daughn

IADA Non-Retroactivity Affirmed in Habeas Corpus Context: Charles Diggs v. Owens and Daughn

Date: Nov 7, 1987
IADA Non-Retroactivity Affirmed in Habeas Corpus Context: Charles Diggs v. Owens and Daughn Introduction In the appellate case of Charles Diggs v. David Owens, Superintendent and John Daughn, Warden,...
Establishing a Pattern of Racketeering Activity under RICO: Barticheck v. Fidelity Union Bank

Establishing a Pattern of Racketeering Activity under RICO: Barticheck v. Fidelity Union Bank

Date: Oct 30, 1987
Establishing a Pattern of Racketeering Activity under RICO: Barticheck v. Fidelity Union Bank Introduction Barticheck et al. v. Fidelity Union Bank/First National State et al. is a pivotal case...
U.S. Court of Appeals, Third Circuit Establishes Strict Adherence to Contractual Terms in Government Reimbursement Claims

U.S. Court of Appeals, Third Circuit Establishes Strict Adherence to Contractual Terms in Government Reimbursement Claims

Date: Oct 23, 1987
U.S. Court of Appeals, Third Circuit Establishes Strict Adherence to Contractual Terms in Government Reimbursement Claims Introduction The case of In the Matter of Penn Central Transportation...
Compilation Theory Affirmed in FOIA Exemption: AFSC v. DoD

Compilation Theory Affirmed in FOIA Exemption: AFSC v. DoD

Date: Oct 20, 1987
Compilation Theory Affirmed in FOIA Exemption: AFSC v. Department of Defense Introduction The case American Friends Service Committee (AFSC) v. Department of Defense (DoD), decided by the United...
Affirmation of Core Proceedings and Application of Clearly Erroneous Standard in Bankruptcy Litigation: Southeastern Sprinkler Co. v. Meyertech Corp.

Affirmation of Core Proceedings and Application of Clearly Erroneous Standard in Bankruptcy Litigation: Southeastern Sprinkler Co. v. Meyertech Corp.

Date: Oct 15, 1987
Affirmation of Core Proceedings and Application of Clearly Erroneous Standard in Bankruptcy Litigation: Southeastern Sprinkler Co. v. Meyertech Corp. Introduction Southeastern Sprinkler Company, Inc....
Arbitration as Mandatory Dispute Resolution Under the Multiemployer Pension Plan Amendments Act: Insights from Flying Tiger Line, Inc. v. Teamsters Pension Trust Fund

Arbitration as Mandatory Dispute Resolution Under the Multiemployer Pension Plan Amendments Act: Insights from Flying Tiger Line, Inc. v. Teamsters Pension Trust Fund

Date: Oct 1, 1987
Arbitration as Mandatory Dispute Resolution Under the Multiemployer Pension Plan Amendments Act: Insights from Flying Tiger Line, Inc. v. Teamsters Pension Trust Fund Introduction The case of The...
Defining the Scope of Administrative Agency Review: Chrupcala v. Heckler

Defining the Scope of Administrative Agency Review: Chrupcala v. Heckler

Date: Sep 29, 1987
Defining the Scope of Administrative Agency Review: Chrupcala v. Heckler Introduction Chrupcala v. Heckler, 829 F.2d 1269 (3d Cir. 1987), is a pivotal case in administrative law that clarifies the...
Affirmation of Summary Judgment in Dr. Hankins v. Temple University: Reinforcing Standards in Employment Discrimination and Due Process Claims

Affirmation of Summary Judgment in Dr. Hankins v. Temple University: Reinforcing Standards in Employment Discrimination and Due Process Claims

Date: Sep 24, 1987
Affirmation of Summary Judgment in Dr. Hankins v. Temple University: Reinforcing Standards in Employment Discrimination and Due Process Claims Introduction The case of Hankins v. Temple University,...
Jury Trial Waiver and Non-Assumption of Pension Obligations: Insights from United Steelworkers v. NJ Zinc

Jury Trial Waiver and Non-Assumption of Pension Obligations: Insights from United Steelworkers v. NJ Zinc

Date: Sep 15, 1987
Jury Trial Waiver and Non-Assumption of Pension Obligations: Insights from United Steelworkers v. NJ Zinc Introduction The case of United Steelworkers of America, AFL-CIO, Appellant, v. New Jersey...
Hershey Foods Corp v. Ralph Chapek Inc.: Reinforcing the Parol Evidence Rule in Integrated Contracts

Hershey Foods Corp v. Ralph Chapek Inc.: Reinforcing the Parol Evidence Rule in Integrated Contracts

Date: Sep 12, 1987
Hershey Foods Corp v. Ralph Chapek Inc.: Reinforcing the Parol Evidence Rule in Integrated Contracts Introduction The case of Hershey Foods Corporation v. Ralph Chapek, Inc. (828 F.2d 989, 3rd Cir....
Front Pay for Lost Pension Benefits Recognized under ADEA: Analysis of Blum v. Witco Chemical Corp.

Front Pay for Lost Pension Benefits Recognized under ADEA: Analysis of Blum v. Witco Chemical Corp.

Date: Sep 3, 1987
Front Pay for Lost Pension Benefits Recognized under ADEA: Analysis of Blum v. Witco Chemical Corp. Introduction The legal landscape of age discrimination in employment underwent a significant...
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