3d Circuit Case Commentaries

Affirmative Defense Preserved Under FIRREA: Analysis of National Union Fire Insurance Co. of Pittsburgh v. City Savings Bank

Date: Jul 2, 1994

Affirmative Defense Preserved Under FIRREA: Analysis of National Union Fire Insurance Co. of Pittsburgh v. City Savings Bank Introduction The case of National Union Fire Insurance Company of...

Reaffirming Consent Searches in Confined Spaces: A Comprehensive Analysis of United States v. Kim

Date: Jul 1, 1994

Reaffirming Consent Searches in Confined Spaces: A Comprehensive Analysis of United States v. Kim Introduction The case of United States of America v. Yong Hyon Kim, adjudicated by the United States...

Reimbursement of Administrative Expenses in Bankruptcy: Lebron v. Mechem Financial Inc.

Date: Jun 30, 1994

Reimbursement of Administrative Expenses in Bankruptcy: Lebron v. Mechem Financial Inc. Introduction The case of Michael Q. Lebron, Michael C. Lebron, and Anthony Lebron versus Mechem Financial Inc....

Preservation of Government Notes in Criminal Proceedings: Ramos v. United States

Date: Jun 24, 1994

Preservation of Government Notes in Criminal Proceedings: Ramos v. United States Introduction Ramos v. United States is a pivotal case adjudicated by the United States Court of Appeals for the Third...

Proper Timing and Due Process for Rule 11 Sanctions: Insights from Simmerman v. Corino

Date: Jun 22, 1994

Proper Timing and Due Process for Rule 11 Sanctions: Insights from Simmerman v. Corino Introduction The legal landscape governing attorney conduct and court-imposed sanctions underwent significant...

Ellen V. Spain v. EEOC: Establishing New Standards for Proving a Sexually Hostile Work Environment under Title VII

Date: Jun 17, 1994

Ellen V. Spain v. EEOC: Establishing New Standards for Proving a Sexually Hostile Work Environment under Title VII Introduction Ellen V. Spain v. Tony E. Gallegos, Chairman, Equal Employment...

Adoption and Limitations of the Fleet Seaman Doctrine in Jones Act Claims: Reeves v. Mobile Dredging Pumping Company, Inc.

Date: Jun 14, 1994

Adoption and Limitations of the Fleet Seaman Doctrine in Jones Act Claims: Reeves v. Mobile Dredging Pumping Company, Inc. Introduction The case of Albert C. Reeves and Dolores Reeves v. Mobile...

Defining Employer Liability in Sexual Harassment Cases: BMW of North America v. Trude Bouton

Date: Jun 11, 1994

Defining Employer Liability in Sexual Harassment Cases: BMW of North America v. Trude Bouton Introduction The case of Trude S. Bouton v. BMW of North America, Inc. addresses critical issues...

Defining 'Lascivious Exhibition' Beyond Nudity: The Knox Decision

Date: Jun 10, 1994

Defining 'Lascivious Exhibition' Beyond Nudity: The Knox Decision Introduction In the landmark case of United States of America v. Stephen A. Knox, the United States Court of Appeals for the Third...

Knowledge of Illegality in Currency Structuring: Retos v. United States

Date: Jun 9, 1994

Knowledge of Illegality in Currency Structuring: Retos v. United States Introduction United States of America v. George Retos, Jr., 25 F.3d 1220 (3d Cir. 1994), is a pivotal case that underscores the...

Affirmation of Money Laundering Convictions in United States v. Carr: Insights into Circumstantial Evidence and Sentencing Guidelines

Date: Jun 4, 1994

Affirmation of Money Laundering Convictions in United States v. Carr: Insights into Circumstantial Evidence and Sentencing Guidelines Introduction The case of United States of America v. Robert...

Extended Protection Against Retaliation: Retaliation Claims Under Title VII Post-Employment

Date: Jun 2, 1994

Extended Protection Against Retaliation: Retaliation Claims Under Title VII Post-Employment Introduction The case of Ann Mery Charlton v. Paramus Board of Education et al. (25 F.3d 194) addresses...

Limitations on Preclusion Orders in Civil Litigation Invoking the Fifth Amendment: Insights from SEC v. Graystone Nash, Inc.

Date: Jun 2, 1994

Limitations on Preclusion Orders in Civil Litigation Invoking the Fifth Amendment: Insights from SEC v. Graystone Nash, Inc. Introduction SEC v. Graystone Nash, Inc. is a pivotal case adjudicated by...

Excusing Exhaustion Requirements Due to Inordinate Delay: Stanton T. Story v. Warden Tom Kindt

Date: May 28, 1994

Excusing Exhaustion Requirements Due to Inordinate Delay: Stanton T. Story v. Warden Tom Kindt Introduction Stanton T. Story v. Warden Tom Kindt; Attorney General Preate is a seminal case adjudicated...

Enhancing Intervention Rights under CERCLA §113(i): Insights from United States v. Alcan Aluminum, Inc.

Date: May 26, 1994

Enhancing Intervention Rights under CERCLA §113(i): Insights from United States v. Alcan Aluminum, Inc. Introduction The case of United States of America v. Alcan Aluminum, Inc. and associated...

Reversing Fiduciary Breaches: Insights from Haberern v. Kaupp Vascular Surgeons Ltd.

Date: May 26, 1994

Reversing Fiduciary Breaches: Insights from Haberern v. Kaupp Vascular Surgeons Ltd. Introduction The case of Haberern v. Kaupp Vascular Surgeons Ltd., decided by the United States Court of Appeals...

Retrospective Application of Prehire Labor Agreements: Laborers' International Union v. Foster Wheeler Corporation

Date: May 21, 1994

Retrospective Application of Prehire Labor Agreements: Laborers' International Union v. Foster Wheeler Corporation Introduction The case of Laborers' International Union of North America, AFL-CIO v....

Intent to Deprive: Interpreting Fraud under 18 U.S.C. § 545

Date: May 19, 1994

Intent to Deprive: Interpreting Fraud under 18 U.S.C. § 545 Introduction In the case of United States of America v. Thekkedajh Peethamb Menon, decided on May 18, 1994, by the United States Court of...

Reasonable Interpretation of §6103(h)(5) and Sentencing Guidelines in United States v. Copple

Date: May 18, 1994

Reasonable Interpretation of §6103(h)(5) and Sentencing Guidelines in United States v. Copple Introduction United States v. Copple (24 F.3d 535), adjudicated by the United States Court of Appeals for...

Clarifying State Action Doctrine: ACGME's Accreditation Decisions Do Not Constitute State Action

Date: May 18, 1994

Clarifying State Action Doctrine: ACGME's Accreditation Decisions Do Not Constitute State Action Introduction In the landmark case of McKeesport Hospital v. The Accreditation Council for Graduate...