3d Circuit Case Commentaries

Clarifying Due Process in Public Employment Terminations: Morton v. Beyer

Date: Jun 25, 1987

Clarifying Due Process in Public Employment Terminations: Morton v. Beyer Introduction Ronald Morton v. Howard L. Beyer is a pivotal case adjudicated by the United States Court of Appeals for the...

Excusing the Exhaustion of State Remedies in Federal Habeas Corpus: Insights from Mayberry v. Petsock

Date: Jun 16, 1987

Excusing the Exhaustion of State Remedies in Federal Habeas Corpus: Insights from Mayberry v. Petsock Introduction Mayberry v. Petsock, 821 F.2d 179 (3d Cir. 1987), is a pivotal case in the realm of...

Enhanced Interpretation of Contracts: Tigg v. Dow Corning Expands the Scope of the Parol Evidence Rule under Michigan UCC

Date: Jun 16, 1987

Enhanced Interpretation of Contracts: Tigg v. Dow Corning Expands the Scope of the Parol Evidence Rule under Michigan UCC Introduction Tigg Corporation v. Dow Corning Corporation is a seminal case...

McMahon v. Fulcomer: Establishing Standards for Knowing and Intelligent Waiver of Counsel in Habeas Corpus Petitions

Date: Jun 9, 1987

McMahon v. Fulcomer: Establishing Standards for Knowing and Intelligent Waiver of Counsel in Habeas Corpus Petitions Introduction In the landmark case of Joseph D. McMahon v. Thomas Fulcomer,...

UAW v. Mack Trucks: Affirming the Right to Injunctive Relief for Breaches of Collective Bargaining Agreements

Date: Jun 6, 1987

UAW v. Mack Trucks: Affirming the Right to Injunctive Relief for Breaches of Collective Bargaining Agreements Introduction The case of International Union, United Automobile, Aerospace and...

Establishing General Jurisdiction Through Continuous and Systematic Business Contacts: Provident National Bank v. California Federal Savings Loan Association

Date: Jun 5, 1987

Establishing General Jurisdiction Through Continuous and Systematic Business Contacts: Provident National Bank v. California Federal Savings Loan Association Introduction The case Provident National...

Lovelace v. Acme Markets: Affirming Strict Compliance with Fed. R. Civ. P. 4(j)

Date: May 30, 1987

Lovelace v. Acme Markets: Affirming Strict Compliance with Fed. R. Civ. P. 4(j) Introduction Shelldon Lovelace, employed as a cashier by Acme Markets, Inc., alleged racial discrimination culminating...

Exhaustion of State Remedies and Standing in Prison Disciplinary Hearings: Ralph Brown v. Fauver

Date: May 19, 1987

Exhaustion of State Remedies and Standing in Prison Disciplinary Hearings: Ralph Brown v. Fauver Introduction The case of Ralph Brown v. William H. Fauver, adjudicated by the United States Court of...

Limitation on Public Officials' Right to Intervene in Prison Conditions Litigation: In Martin Harris et al. v. Pernsley

Date: May 16, 1987

Limitation on Public Officials' Right to Intervene in Prison Conditions Litigation: In Martin Harris et al. v. Pernsley Introduction The case of Martin Harris, Albert Anthony, Orlando X. McCrea,...

Affirmation of Modified Chapter 9 Plan: Non-Discriminatory Classification of Unsecured Creditors in Municipal Bankruptcy

Date: May 5, 1987

Affirmation of Modified Chapter 9 Plan: Non-Discriminatory Classification of Unsecured Creditors in Municipal Bankruptcy Introduction The case of Finch Fuel Oil Company v. Jersey City Medical Center...

Third Circuit Clarifies Rule 41(a)(1) Supremacy Over Rule 41(a)(2) in Voluntary Dismissals

Date: May 5, 1987

Third Circuit Clarifies Rule 41(a)(1) Supremacy Over Rule 41(a)(2) in Voluntary Dismissals Introduction In the landmark case of Manze, Jane Johnston and Manze, Charles, H/W, v. State Farm Insurance...

Strict Adherence to Fed.R.Civ.P. 4(j) Affirmed in Braxton v. United States

Date: Apr 30, 1987

Strict Adherence to Fed.R.Civ.P. 4(j) Affirmed in Braxton v. United States Introduction Fannie R. Braxton, the appellant, brought forth a medical malpractice action under the Federal Tort Claims Act...

Artesian Water Co. v. New Castle County: Establishing Precedents on CERCLA Response Cost Recovery

Date: Apr 25, 1987

Artesian Water Co. v. New Castle County: Establishing Precedents on CERCLA Response Cost Recovery Introduction Artesian Water Company initiated a lawsuit against The Government of New Castle County...

Ensuring Voluntariness of Subsequent Confessions and Mandating Factual Findings for Restitution: United States v. Johnson

Date: Apr 25, 1987

Ensuring Voluntariness of Subsequent Confessions and Mandating Factual Findings for Restitution: United States v. Johnson Introduction In United States v. Johnson, 816 F.2d 918 (3d Cir. 1987), the...

Separation of Jurisdiction and Merits in §1983 State Action Claims: Analysis of Kulick v. Pocono Downs Racing Ass’n, Inc.

Date: Apr 24, 1987

Separation of Jurisdiction and Merits in §1983 State Action Claims: Analysis of Kulick v. Pocono Downs Racing Ass’n, Inc. Introduction Kulick v. Pocono Downs Racing Ass’n, Inc., 816 F.2d 895 (3rd...

Affirmation of Ineffective Assistance of Counsel Dismissal: Application of Strickland Test in Habeas Corpus Petition

Date: Apr 23, 1987

Affirmation of Ineffective Assistance of Counsel Dismissal: Application of Strickland Test in Habeas Corpus Petition Introduction The case of John Henry Dooley, Jr. v. George Petsock (No. 86-3257)...

Limiting Negligence Claims for Economic Loss in Product Damage: Insights from Aloe Coal Co. v. Clark Equipment Co.

Date: Apr 9, 1987

Limiting Negligence Claims for Economic Loss in Product Damage: Insights from Aloe Coal Co. v. Clark Equipment Co. Introduction Aloe Coal Company and Commercial Union Insurance Company v. Clark...

Preserving Legal Controversy in Union Trusteeship Disputes: International Brotherhood of Boilermakers v. Kelly

Date: Apr 3, 1987

Preserving Legal Controversy in Union Trusteeship Disputes: International Brotherhood of Boilermakers v. Kelly Introduction The case of International Brotherhood of Boilermakers, Iron Ship Builders,...

Enforcement of Two-Tiered Settlements and Brakeman Rule in Excess Insurance Coverage: Pennsylvania Third Circuit Precedent

Date: Apr 1, 1987

Enforcement of Two-Tiered Settlements and Brakeman Rule in Excess Insurance Coverage: Pennsylvania Third Circuit Precedent Introduction In The Trustees of the University of Pennsylvania v. Lexington...

Third Circuit Expands Use of Indirect Evidence in ADEA Age Discrimination Cases: Chipollini v. Spencer Gifts

Date: Mar 20, 1987

Third Circuit Expands Use of Indirect Evidence in ADEA Age Discrimination Cases: Chipollini v. Spencer Gifts Introduction Chipollini v. Spencer Gifts, 814 F.2d 893 (3d Cir. 1987), presents a pivotal...

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