3d Circuit Case Commentaries

Harmless Error Analysis for Unconstitutional Jury Instructions: Kontakis v. Beyer

Date: Mar 12, 1994

Harmless Error Analysis for Unconstitutional Jury Instructions: Kontakis v. Beyer Introduction The case of Nicholas Kontakis v. Howard L. Beyer; Attorney General of the State of New Jersey, Robert J....

Enhanced Interpretation of 'Ordinary Business Terms' in Bankruptcy Preferences: Fiber Lite Corp. v. Molded Acoustical Products Inc.

Date: Mar 12, 1994

Enhanced Interpretation of 'Ordinary Business Terms' in Bankruptcy Preferences: Fiber Lite Corp. v. Molded Acoustical Products Inc. Introduction Fiber Lite Corporation (Appellant) appealed a decision...

Establishing a Market-Oriented Standard for Paralegal Compensation in Bankruptcy Fee Applications

Date: Mar 12, 1994

Establishing a Market-Oriented Standard for Paralegal Compensation in Bankruptcy Fee Applications Introduction The case of In re Busy Beaver Building Centers, Inc. Kirkpatrick Lockhart, Appellant...

Facial Unconstitutionality of Content-Based Exceptions in Outdoor Advertising Regulations: Rappa v. New Castle County

Date: Mar 12, 1994

Facial Unconstitutionality of Content-Based Exceptions in Outdoor Advertising Regulations: Rappa v. New Castle County Introduction In Rappa v. New Castle County, the United States Court of Appeals...

Comprehensive Commentary on Grimes v. Vitalink Communications: State Courts' Authority to Release Exclusive Federal Claims

Date: Mar 10, 1994

State Courts' Authority to Release Exclusive Federal Claims: An Analysis of Grimes v. Vitalink Communications Introduction Grimes v. Vitalink Communications Corporation, 17 F.3d 1553 (3d Cir. 1994),...

Dual Utilization of Felony Murder in Capital Sentencing: A Comprehensive Analysis of Deputy v. Taylor

Date: Mar 4, 1994

Dual Utilization of Felony Murder in Capital Sentencing: A Comprehensive Analysis of Deputy v. Taylor Introduction Deputy v. Taylor is a significant case adjudicated by the United States Court of...

Bankruptcy Trustee's Priority Over Unrecorded Equitable Liens: Establishing Precedence in New Jersey Law

Date: Mar 2, 1994

Bankruptcy Trustee's Priority Over Unrecorded Equitable Liens: Establishing Precedence in New Jersey Law Introduction The case of IN RE FRANK H. BRIDGE, D/B/A F.H. BRIDGE ASSOCIATES, DEBTOR versus...

Protection of Pre-Petition Lenders in Bankruptcy Superpriority Financing – In Re Swedeland Development Group, Inc.

Date: Feb 26, 1994

Protection of Pre-Petition Lenders in Bankruptcy Superpriority Financing – In Re Swedeland Development Group, Inc. Introduction The case of In Re Swedeland Development Group, Inc. pertains to a...

Active Operations Duty in Maritime Law: Insights from Davis v. Portline Transportes Maritime Internacional

Date: Feb 23, 1994

Active Operations Duty in Maritime Law: Insights from Davis v. Portline Transportes Maritime Internacional Introduction Richard E. Davis and Priscilla Davis, employed by NorVal Cement Company, filed...

Limitations on Private Remedies Under the Right to Financial Privacy Act: Analysis of Waye v. First Citizen's National Bank

Date: Feb 5, 1994

Limitations on Private Remedies Under the Right to Financial Privacy Act: Analysis of Waye v. First Citizen's National Bank Introduction In the landmark case of Robert D. Waye and B. Joan Waye d/b/a...

Swineford v. Snyder County: Clarifying Issue Preclusion and Free Speech Balances in Employment Disputes

Date: Feb 5, 1994

Swineford v. Snyder County: Clarifying Issue Preclusion and Free Speech Balances in Employment Disputes Introduction Swineford v. Snyder County is a significant appellate decision by the United...

Finality of Partial Summary Judgments Under Rule 54(b): Insights from Compton Press, Inc. v. Granada Investments, Inc.

Date: Feb 4, 1994

Finality of Partial Summary Judgments Under Rule 54(b): Insights from Compton Press, Inc. v. Granada Investments, Inc. Introduction The case of Compton Press, Inc. Employees' Profit Sharing...

Protecting the Sixth Amendment: United States v. Pelullo

Date: Jan 25, 1994

Protecting the Sixth Amendment: United States v. Pelullo Introduction In the landmark case United States of America v. Leonard A. Pelullo, decided by the United States Court of Appeals for the Third...

Political Affiliation as a Valid Criterion for Policymaking Positions: Analysis of PETERS v. DELAWARE RIVER PORT AUTHORITY

Date: Jan 21, 1994

Political Affiliation as a Valid Criterion for Policymaking Positions: Analysis of PETERS v. DELAWARE RIVER PORT AUTHORITY Introduction The case of Walter T. Peters, Jr. v. Delaware River Port...

Adherence to Appellate Mandates: Law of the Case in Casey v. Planned Parenthood of Southeastern Pennsylvania

Date: Jan 15, 1994

Adherence to Appellate Mandates: Law of the Case in Casey v. Planned Parenthood of Southeastern Pennsylvania Introduction Case: Robert P. Casey, Allan S. Noonan, and Ernest D. Preate, Jr. v. Planned...

Involuntariness of Confessions in Criminal Proceedings: A Commentary on United States of America v. Patrick William Swint

Date: Jan 15, 1994

Involuntariness of Confessions in Criminal Proceedings: A Commentary on United States of America v. Patrick William Swint Introduction United States of America v. Patrick William Swint, 15 F.3d 286...

Emergency Exception to Exhaustion Doctrine in IDEA Cases: Komninos v. Upper Saddle River Board of Education

Date: Jan 13, 1994

Emergency Exception to Exhaustion Doctrine in IDEA Cases: Komninos v. Upper Saddle River Board of Education Introduction The case of Komninos v. Upper Saddle River Board of Education addresses a...

Retroactive Annulment of Automatic Stay in Chapter 13 Bankruptcy: Analysis of In re Siciliano

Date: Jan 12, 1994

Retroactive Annulment of Automatic Stay in Chapter 13 Bankruptcy: Analysis of In re Siciliano Introduction The case In re Leonard J. Siciliano, Debtor examines the interplay between bankruptcy...

Clarifying Conspiracy Charge Elements and Jury Instructions: A Comprehensive Analysis of United States v. James Price et al.

Date: Jan 11, 1994

Clarifying Conspiracy Charge Elements and Jury Instructions: A Comprehensive Analysis of United States v. James Price et al. Introduction The case of United States of America v. James Price and...

Interpretation of the 'Small Newspaper' Exemption under FLSA: Gateway Press v. Reich

Date: Jan 7, 1994

Interpretation of the 'Small Newspaper' Exemption under FLSA: Gateway Press v. Reich Introduction Gateway Press, Inc. v. Robert Reich, Secretary of Labor is a landmark case adjudicated by the United...