3d Circuit Case Commentaries

Establishing Comprehensive Standards for Appointment of Counsel under 28 U.S.C. §1915(d): Tabron v. Various Defendants

Date: Oct 6, 1993

Establishing Comprehensive Standards for Appointment of Counsel under 28 U.S.C. §1915(d): Tabron v. Various Defendants 1. Introduction Harvey Tabron, Appellant, a prisoner at the State Correctional...

ERISA Plan Transition and Equitable Estoppel: Analysis of Smith v. Hartford Insurance Group

Date: Oct 5, 1993

ERISA Plan Transition and Equitable Estoppel: Analysis of Smith v. Hartford Insurance Group Introduction Smith v. Hartford Insurance Group is a landmark case adjudicated by the United States Court of...

Establishing the Evidentiary Standard for Improper Motive in § 1983 Claims: Parkway Garage, Inc. v. City of Philadelphia

Date: Sep 23, 1993

Establishing the Evidentiary Standard for Improper Motive in § 1983 Claims: Parkway Garage, Inc. v. City of Philadelphia Introduction The case of Parkway Garage, Inc. v. The City of Philadelphia; The...

Establishing Boundaries of FOIA Exemptions: McDonnell v. United States Navy and DOJ

Date: Sep 22, 1993

Establishing Boundaries of FOIA Exemptions: McDonnell v. United States Navy and DOJ Introduction In the landmark case McDonnell v. United States Navy and Department of Justice, adjudicated by the...

The Ivy Overlap Antitrust Decision: A New Precedent in Higher Education Financial Aid Practices

Date: Sep 18, 1993

The Ivy Overlap Antitrust Decision: A New Precedent in Higher Education Financial Aid Practices Introduction In the landmark case The United States of America v. Brown University in Providence in the...

Lansford-Coaldale Joint Water Authority v. Tonolli Corp.: Clarifying CERCLA Liability Standards

Date: Sep 18, 1993

Lansford-Coaldale Joint Water Authority v. Tonolli Corp.: Clarifying CERCLA Liability Standards Introduction The case of Lansford-Coaldale Joint Water Authority v. Tonolli Corporation addresses...

Third Circuit Reinforces Broad Probable Cause Standard in United States v. Conley

Date: Sep 17, 1993

Third Circuit Reinforces Broad Probable Cause Standard in United States v. Conley Introduction United States of America v. John F. "Duffy" Conley et al., 4 F.3d 1200 (3d Cir. 1993), is a landmark...

Affirmation of Mortgagees' Rights to Rents in Bankruptcy: Commerce Bank v. Mountain View Village

Date: Sep 15, 1993

Affirmation of Mortgagees' Rights to Rents in Bankruptcy: Commerce Bank v. Mountain View Village Introduction The case of Commerce Bank; Harris Savings Association v. Mountain View Village, Inc.;...

Establishing Limits of Specific Jurisdiction in Venue Transfers: SUNBELT Corp. v. Noble Denton Associates

Date: Sep 15, 1993

Establishing Limits of Specific Jurisdiction in Venue Transfers: SUNBELT Corp. v. Noble Denton Associates Introduction The case of Sunbelt Corporation; Sunbelt Enterprises; CEMEX, S.A.; and Eagle...

Tortious Interference and Contractual Breach: Comprehensive Analysis of Lightning Lube v. Witco

Date: Sep 11, 1993

Tortious Interference and Contractual Breach: Comprehensive Analysis of Lightning Lube v. Witco Introduction The case of Lightning Lube, Inc. t/a Laser Lube v. Witco Corporation, adjudicated by the...

Establishing Precedent on ERISA Section 204(g) for Employee Transitions to Successor Employers

Date: Sep 8, 1993

Establishing Precedent on ERISA Section 204(g) for Employee Transitions to Successor Employers Introduction The case of Gillis and Sargeni v. Hoechst Celanese Corporation et al. serves as a pivotal...

Prejudicial Jury Exposure: Waldorf v. Borough of Kenilworth

Date: Sep 2, 1993

Prejudicial Jury Exposure: Waldorf v. Borough of Kenilworth Introduction In the landmark case Waldorf v. Borough of Kenilworth, decided by the United States Court of Appeals for the Third Circuit in...

Strengthening Remedies for Intra-Jury Misconduct: Insights from United States v. Hidalgo and Cepeda

Date: Aug 25, 1993

Strengthening Remedies for Intra-Jury Misconduct: Insights from United States v. Hidalgo and Cepeda Introduction In the landmark case United States of America v. Hidalgo and Cepeda, the United States...

Enhancements in Sentencing Guidelines for Child Pornography and Extraterritorial Application: United States v. Harvey

Date: Aug 24, 1993

Enhancements in Sentencing Guidelines for Child Pornography and Extraterritorial Application: United States v. Harvey Introduction In the landmark case United States of America v. Andrew M. Harvey,...

Reliability of Anonymous Informants and the Good Faith Exception: Insights from United States v. Williams (1993)

Date: Aug 24, 1993

Reliability of Anonymous Informants and the Good Faith Exception: Insights from United States v. Williams (1993) Introduction The case of United States of America v. Dante Renault Williams et al. (3...

Innocent Owner Defense in Forfeiture Proceedings: Insights from United States v. Acevedo Rivera

Date: Aug 21, 1993

Innocent Owner Defense in Forfeiture Proceedings: Insights from United States v. Acevedo Rivera Introduction The case of United States v. Acevedo Rivera addresses a pivotal issue in federal...

Standing of Unnamed Objectors to Appeal Derivative Action Settlements: Insights from Bell Atlantic Corp. v. Bolger et al.

Date: Aug 19, 1993

Standing of Unnamed Objectors to Appeal Derivative Action Settlements: Insights from Bell Atlantic Corp. v. Bolger et al. 1. Introduction The case of Bell Atlantic Corporation, Derivatively by...

Third Circuit Establishes Knowledge Requirement for Aiding and Abetting Under 18 U.S.C. §922(g)(1) and Addresses Double Jeopardy in Firearm Possession Sentencing in United States v. Xavier

Date: Aug 17, 1993

Third Circuit Establishes Knowledge Requirement for Aiding and Abetting Under 18 U.S.C. §922(g)(1) and Addresses Double Jeopardy in Firearm Possession Sentencing in United States v. Xavier...

Rational-Basis Review Upholds Reapportionment and Senatorial Assignment in Donatelli v. Mitchell

Date: Aug 14, 1993

Rational-Basis Review Upholds Reapportionment and Senatorial Assignment in Donatelli v. Mitchell Introduction The case Donatelli et al. v. Mitchell et al. (2 F.3d 508, 1993) addressed challenges to...

No Constitutional Right to Post-Sentencing Bail: Owens v. Beard

Date: Aug 14, 1993

No Constitutional Right to Post-Sentencing Bail: Owens v. Beard Introduction In Robert C. Owens v. Jeffrey Beard, Warden; and Attorney General of the Commonwealth of Pennsylvania, 829 F. Supp. 736...