3d Circuit Case Commentaries

Welch v. Heckler: Appeals Council's Authority in Disability Determinations

Date: Dec 31, 1986

Welch v. Heckler: Appeals Council's Authority in Disability Determinations Introduction Welch v. Heckler, decided by the United States Court of Appeals for the Third Circuit on December 30, 1986,...

Adequacy of Predeprivation Hearings in Public Employment Terminations: Gniotek v. City of Philadelphia

Date: Dec 25, 1986

Adequacy of Predeprivation Hearings in Public Employment Terminations: Gniotek v. City of Philadelphia Introduction The case of Gniotek, Louis; Christy, Carmen; Gioffre, Joseph; Pescatore, Augustine;...

Simmonds v. Heckler: Reevaluating Nonexertional Impairments in Disability Determinations

Date: Dec 17, 1986

Simmonds v. Heckler: Reevaluating Nonexertional Impairments in Disability Determinations Introduction In the case of Laureta Simmonds v. Margaret Heckler, Secretary of Health and Human Services, 807...

Independent Standing of Injured Parties in Declaratory Judgment Actions: Federal Kemper Insurance Co. v. Griffith

Date: Dec 12, 1986

Independent Standing of Injured Parties in Declaratory Judgment Actions: Federal Kemper Insurance Co. v. Griffith Introduction The case of Federal Kemper Insurance Company v. Rauscher, Robert...

Reclassification of Medicare Reimbursements in Monsour Medical Center v. Heckler

Date: Dec 6, 1986

Reclassification of Medicare Reimbursements in Monsour Medical Center v. Heckler Introduction Monsour Medical Center v. Heckler, 806 F.2d 1185 (3rd Cir. 1986), is a pivotal case that addresses the...

Expansion of Social Host Liability to Accomplices in Pennsylvania: Fassett v. Delta Kappa Epsilon

Date: Dec 6, 1986

Expansion of Social Host Liability to Accomplices in Pennsylvania: Fassett v. Delta Kappa Epsilon Introduction Fassett, Anne v. Delta Kappa Epsilon (New York) is a landmark decision by the United...

Judicial Standards for Emotional Distress Damages in First Amendment Retaliation Claims: Spence v. Board of Education

Date: Dec 6, 1986

Judicial Standards for Emotional Distress Damages in First Amendment Retaliation Claims: Spence v. Board of Education Introduction Spence v. Board of Education is a pivotal case decided by the United...

Exhaustion of State Remedies in Federal Habeas Corpus: Schandelmeier v. Cunningham

Date: Dec 3, 1986

Exhaustion of State Remedies in Federal Habeas Corpus: Schandelmeier v. Cunningham Introduction Steven Schandelmeier v. Warden Richard Cunningham is a pivotal case decided by the United States Court...

Functionality Doctrine in Trade Dress Infringement: American Greetings Corp. v. Dan-Dee Imports

Date: Dec 3, 1986

Functionality Doctrine in Trade Dress Infringement: American Greetings Corp. v. Dan-Dee Imports Introduction In the landmark case of American Greetings Corporation and CPG Products, Inc. v. Dan-Dee...

Establishing the Applicability of the "Fraud on the Market" Theory to Rule 10b-5(b) Claims

Date: Nov 29, 1986

Establishing the Applicability of the "Fraud on the Market" Theory to Rule 10b-5(b) Claims Introduction The case of Raymond K. Peil v. Health-Chem Corporation et al. addresses pivotal issues in...

Exhaustion of State Remedies in Federal Habeas Corpus Petitions: Insights from Gibson v. Scheidemantel

Date: Nov 18, 1986

Exhaustion of State Remedies in Federal Habeas Corpus Petitions: Insights from Gibson v. Scheidemantel Introduction Gibson v. Scheidemantel, 805 F.2d 135 (3d Cir. 1986), is a pivotal case addressing...

Affirmative Duty and Qualified Immunity: Third Circuit's Decision in Chinchello v. Fenton (86-5057)

Date: Nov 15, 1986

Affirmative Duty and Qualified Immunity: Third Circuit's Decision in Chinchello v. Fenton (86-5057) Introduction Chinchello v. Fenton (No. 86-5057), adjudicated by the United States Court of Appeals...

Balancing Corporate and Personal Attorney-Client Privilege: Insights from Bevill Appeals

Date: Nov 14, 1986

Balancing Corporate and Personal Attorney-Client Privilege: Insights from Bevill Appeals Introduction The case of In Re Bevill, Bresler and Schulman Inc. presents a critical examination of the...

Hunter Douglas Inc. v. NLRB: Affirmation of Unfair Labor Practices in Union Suppression

Date: Nov 7, 1986

Hunter Douglas Inc. v. NLRB: Affirmation of Unfair Labor Practices in Union Suppression Introduction Hunter Douglas, Inc., a prominent manufacturer of window coverings, faced allegations from the...

Kroblin Refrigerated Xpress v. Pitterich: Establishing Clear Contractual Obligations in Corporate Transactions

Date: Nov 7, 1986

Kroblin Refrigerated Xpress v. Pitterich: Establishing Clear Contractual Obligations in Corporate Transactions Introduction The case of Kroblin Refrigerated Xpress, Inc. v. Wernert J. Pitterich,...

Allocating Settlement Proceeds Post-Judgment: Insights from Lasky v. Continental Products Corp.

Date: Nov 1, 1986

Allocating Settlement Proceeds Post-Judgment: Insights from Lasky v. Continental Products Corp. Introduction The case of Lasky, Harvey, Guardian ad Litem Lasky, Jesse I. and Jamie November, Husband...

Application of the Pennsylvania Uniform Fraudulent Conveyance Act to Leveraged Buy-Out Transactions: United States v. Tabor Court Realty Corp. and Others

Date: Oct 23, 1986

Application of the Pennsylvania Uniform Fraudulent Conveyance Act to Leveraged Buy-Out Transactions: United States v. Tabor Court Realty Corp. and Others Introduction The case of United States of...

ERISA §502(c) Sanctions Limited to Statutory Obligations: Analysis of Groves v. Johns Manville Corp.

Date: Oct 16, 1986

ERISA §502(c) Sanctions Limited to Statutory Obligations: Analysis of Groves v. Johns Manville Corp. Introduction The case of Robert W. Groves v. Modified Retirement Plan for Hourly Paid Employees of...

Finality of Post-Judgment Orders and Counsel Withdrawal: An Analysis of Ohntrup v. Firearms Center

Date: Oct 8, 1986

Finality of Post-Judgment Orders and Counsel Withdrawal: An Analysis of Ohntrup v. Firearms Center Introduction The case of Robert and Beverly Ohntrup v. Firearms Center, Inc., adjudicated by the...

Third Circuit Reaffirms Traditional Corporate Successor Liability, Rejects Continuity of Enterprise Exception in Products Liability

Date: Sep 30, 1986

Third Circuit Reaffirms Traditional Corporate Successor Liability, Rejects Continuity of Enterprise Exception in Products Liability Introduction The case of Michael Poliusi et al. v. Clark Equipment...

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