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  • Commentaries
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3d Circuit Case Commentaries

Affirmation of Denial of Defendant's Pretrial Motions in U.S. v. Ismaili: Implications for Foreign Witness Depositions Under Rule 15(a)

Affirmation of Denial of Defendant's Pretrial Motions in U.S. v. Ismaili: Implications for Foreign Witness Depositions Under Rule 15(a)

Date: Sep 3, 1987
Affirmation of Denial of Defendant's Pretrial Motions in U.S. v. Ismaili: Implications for Foreign Witness Depositions Under Rule 15(a) Introduction In the case of United States of America v....
Firestone Tire Rubber Co. Case: Redefining Judicial Review and Participant Standing under ERISA

Firestone Tire Rubber Co. Case: Redefining Judicial Review and Participant Standing under ERISA

Date: Sep 1, 1987
Firestone Tire Rubber Co. Case: Redefining Judicial Review and Participant Standing under ERISA Introduction The case of Richard Bruch et al. v. Firestone Tire and Rubber Company (828 F.2d 134, 3rd...
Rocco v. Heckler: Reevaluating Disability Determinations Under the Social Security Act

Rocco v. Heckler: Reevaluating Disability Determinations Under the Social Security Act

Date: Sep 1, 1987
Rocco v. Heckler: Reevaluating Disability Determinations Under the Social Security Act Introduction Rocco v. Heckler is a landmark case decided by the United States Court of Appeals for the Third...
Excusable Neglect in Appeal Extensions: Consolidated Freightways Corp. v. Larson Establishes Flexible Interpretation of Rule 4(a)(5)

Excusable Neglect in Appeal Extensions: Consolidated Freightways Corp. v. Larson Establishes Flexible Interpretation of Rule 4(a)(5)

Date: Aug 29, 1987
Excusable Neglect in Appeal Extensions: Consolidated Freightways Corp. v. Larson Establishes Flexible Interpretation of Rule 4(a)(5) Introduction Consolidated Freightways Corporation of Delaware v....
Government Estoppel in Tax Liability Collection: United States v. Asmar

Government Estoppel in Tax Liability Collection: United States v. Asmar

Date: Aug 28, 1987
Government Estoppel in Tax Liability Collection: United States v. Asmar 1. Introduction United States of America v. Robert Asmar and Kathleen Asmar, 827 F.2d 907, decided on August 27, 1987, by the...
United States v. Pohlot: Clarifying the Boundaries of Mens Rea and Diminished Capacity under the Insanity Defense Reform Act

United States v. Pohlot: Clarifying the Boundaries of Mens Rea and Diminished Capacity under the Insanity Defense Reform Act

Date: Aug 26, 1987
United States v. Pohlot: Clarifying the Boundaries of Mens Rea and Diminished Capacity under the Insanity Defense Reform Act Case: UNITED STATES OF AMERICA, APPELLEE, v. POHLOT, STEPHEN, APPELLANT....
Preservation of Genuine Issues of Fact in Employment Discrimination: Jackson v. University of Pittsburgh

Preservation of Genuine Issues of Fact in Employment Discrimination: Jackson v. University of Pittsburgh

Date: Aug 20, 1987
Preservation of Genuine Issues of Fact in Employment Discrimination: Jackson v. University of Pittsburgh Introduction The case of Matthew E. Jackson, Jr. v. University of Pittsburgh, adjudicated by...
Affirmation of Summary Judgment in Appelmans v. City of Philadelphia: No Protected Property Interest in Municipal Fund Transfers

Affirmation of Summary Judgment in Appelmans v. City of Philadelphia: No Protected Property Interest in Municipal Fund Transfers

Date: Aug 13, 1987
Affirmation of Summary Judgment in Appelmans v. City of Philadelphia: No Protected Property Interest in Municipal Fund Transfers Introduction Claire Appelmans and Tara Broderick brought a class...
Limitation of Chapter 13 Remedies Post-Foreclosure Judgment in New Jersey

Limitation of Chapter 13 Remedies Post-Foreclosure Judgment in New Jersey

Date: Aug 1, 1987
Limitation of Chapter 13 Remedies Post-Foreclosure Judgment in New Jersey Introduction This commentary examines the significant appellate court decision in In the Matter of Benny L. Roach and Edith...
Res Judicata in Disability Benefits Claims: Edward OGDEN v. Otis R. Bowen

Res Judicata in Disability Benefits Claims: Edward OGDEN v. Otis R. Bowen

Date: Jul 30, 1987
Res Judicata in Disability Benefits Claims: Edward OGDEN v. Otis R. Bowen Introduction Edward OGDEN, the plaintiff, initiated a legal action against Otis R. Bowen, Secretary of Health and Human...
Oral Modification of Insurance Contracts: Insights from First National Bank of Pennsylvania v. Lincoln National Life Insurance Company

Oral Modification of Insurance Contracts: Insights from First National Bank of Pennsylvania v. Lincoln National Life Insurance Company

Date: Jul 29, 1987
Oral Modification of Insurance Contracts: Insights from First National Bank of Pennsylvania v. The Lincoln National Life Insurance Company Introduction The case of The First National Bank of...
Frequent Hospitalizations and the Determination of Substantial Gainful Activity under the Social Security Act: Kangas v. Bowen

Frequent Hospitalizations and the Determination of Substantial Gainful Activity under the Social Security Act: Kangas v. Bowen

Date: Jul 23, 1987
Frequent Hospitalizations and the Determination of Substantial Gainful Activity under the Social Security Act: Kangas v. Bowen Introduction John Kangas v. Otis R. Bowen, Secretary of Health and Human...
Judicial Limits on Excessive Damages: Insights from Gumbs v. Pueblo International, Inc.

Judicial Limits on Excessive Damages: Insights from Gumbs v. Pueblo International, Inc.

Date: Jul 18, 1987
Judicial Limits on Excessive Damages: Insights from Gumbs v. Pueblo International, Inc. Introduction The case of Celia Gumbs and James Gumbs v. Pueblo International, Inc. d/b/a Pueblo Supermarkets...
Third Circuit Establishes Limits on Vicarious Liability under RICO in Petro-Tech v. The Western Company

Third Circuit Establishes Limits on Vicarious Liability under RICO in Petro-Tech v. The Western Company

Date: Jul 14, 1987
Third Circuit Establishes Limits on Vicarious Liability under RICO in Petro-Tech v. The Western Company Introduction In the case of Petro-Tech, Inc. et al. v. The Western Company of North America et...
Burkett v. Cunningham: Landmark Decision on Habeas Corpus and Speedy Trial Rights

Burkett v. Cunningham: Landmark Decision on Habeas Corpus and Speedy Trial Rights

Date: Jul 11, 1987
Burkett v. Cunningham: Landmark Decision on Habeas Corpus and Speedy Trial Rights Introduction Burkett v. Cunningham, 826 F.2d 1208 (3d Cir. 1987), is a pivotal judicial decision rendered by the...
Protected First Amendment Activity in Public Employment: Bennis & MacLean v. Allentown

Protected First Amendment Activity in Public Employment: Bennis & MacLean v. Allentown

Date: Jul 7, 1987
Protected First Amendment Activity in Public Employment: Bennis & MacLean v. Allentown Introduction Bennis & MacLean v. Allentown is a pivotal case decided by the United States Court of Appeals for...
Reaffirming the Finality of Judgments: Moolenaar v. Government of the Virgin Islands

Reaffirming the Finality of Judgments: Moolenaar v. Government of the Virgin Islands

Date: Jul 3, 1987
Reaffirming the Finality of Judgments: Moolenaar v. Government of the Virgin Islands Introduction In Moolenaar v. Government of the Virgin Islands, 822 F.2d 1342 (3d Cir. 1987), the United States...
Setting Aside Default Judgments under Fed.R.Civ.P. 60(b): Insights from Zawadski de Bueno v. Bueno Castro

Setting Aside Default Judgments under Fed.R.Civ.P. 60(b): Insights from Zawadski de Bueno v. Bueno Castro

Date: Jul 3, 1987
Setting Aside Default Judgments under Fed.R.Civ.P. 60(b): Insights from Zawadski de Bueno v. Bueno Castro Introduction The case of Clara Zawadski de Bueno v. Alejandro Bueno Castro and A.B.P....
Eleventh Amendment Immunity Denied to Rutgers, The State University: Implications for Higher Education Institutions

Eleventh Amendment Immunity Denied to Rutgers, The State University: Implications for Higher Education Institutions

Date: Jul 1, 1987
Eleventh Amendment Immunity Denied to Rutgers, The State University: Implications for Higher Education Institutions Introduction The United States Court of Appeals for the Third Circuit delivered a...
Insurance Coverage in Legal Malpractice: Niagara Fire Insurance Co. v. Pepicelli et al.

Insurance Coverage in Legal Malpractice: Niagara Fire Insurance Co. v. Pepicelli et al.

Date: Jun 26, 1987
Insurance Coverage in Legal Malpractice: Niagara Fire Insurance Co. v. Pepicelli et al. Introduction The case Niagara Fire Insurance Company v. Pepicelli, Pepicelli, Watts and Youngs, P.C. and Perma...
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