3d Circuit Case Commentaries

Third Circuit Sets Limits on District Court Fact-Finding in Social Security Class Actions

Date: Mar 6, 1993

Third Circuit Sets Limits on District Court Fact-Finding in Social Security Class Actions Introduction The case of Lois M. Grant, on behalf of herself and all other similarly situated persons v....

Third Circuit Reaffirms Free Speech Protections Against Retaliatory Enforcement of Mandatory Residency Ordinances

Date: Mar 5, 1993

Third Circuit Reaffirms Free Speech Protections Against Retaliatory Enforcement of Mandatory Residency Ordinances Introduction In the landmark case of John W. Holder v. City of Allentown et al., the...

Eighth Amendment and Deliberate Indifference in Parole Delays: Moore v. Board of Probation and Parole

Date: Mar 2, 1993

Eighth Amendment and Deliberate Indifference in Parole Delays: Moore v. Board of Probation and Parole Introduction Moore v. Board of Probation and Parole is a seminal case adjudicated by the United...

Imposing Restrictions on Market Timing: A Comprehensive Analysis of Windsor Securities v. Hartford Life Insurance Company

Date: Feb 23, 1993

Imposing Restrictions on Market Timing: A Comprehensive Analysis of Windsor Securities v. Hartford Life Insurance Company Introduction In the landmark case Windsor Securities, Inc., Dr. Paul Prusky,...

Timely Notice of Removal under 28 U.S.C. §1446(b): Insights from Foster v. Harris Trust and Savings Bank

Date: Feb 20, 1993

Timely Notice of Removal under 28 U.S.C. §1446(b): Insights from Foster v. Harris Trust and Savings Bank Introduction The case of Constance B. Foster, Insurance Commissioner of the Commonwealth of...

Affirmation of Limited Fiduciary Duty Standards in Partnership Buy-Outs: Holiday Inns v. Walter

Date: Feb 17, 1993

Affirmation of Limited Fiduciary Duty Standards in Partnership Buy-Outs: Holiday Inns v. Walter Introduction Holiday Inns v. Walter is a pivotal case adjudicated by the United States Court of Appeals...

Literal Falsity in False Advertising Under the Lanham Act: Castrol Inc. v. Pennzoil Co.

Date: Feb 5, 1993

Literal Falsity in False Advertising Under the Lanham Act: Castrol Inc. v. Pennzoil Co. Introduction The case of Castrol Inc. v. Pennzoil Company addresses significant issues concerning deceptive...

Property Rights in Credit Life Insurance Proceeds: First Fidelity Bank v. McAteer

Date: Feb 4, 1993

Property Rights in Credit Life Insurance Proceeds: First Fidelity Bank v. McAteer Introduction First Fidelity Bank v. Raymond McAteer; Helen McAteer is a pivotal case adjudicated by the United States...

Balancing Free Speech and Organizational Harmony: Versarge v. Township of Clinton

Date: Feb 3, 1993

Balancing Free Speech and Organizational Harmony: Versarge v. Township of Clinton Introduction The case of Paul Versarge v. The Township of Clinton New Jersey; Annandale Hose Company No. 1, A New...

Proportionality in RICO Forfeitures: Analysis of United States v. Sarbello

Date: Feb 3, 1993

Proportionality in RICO Forfeitures: Analysis of United States v. Sarbello Introduction The case of United States of America v. Michael Sarbello presents a pivotal examination of the proportionality...

Affirmation of Summary Judgment in §1983 Claims Against School Officials and Contractors: A Comprehensive Analysis

Date: Jan 30, 1993

Affirmation of Summary Judgment in §1983 Claims Against School Officials and Contractors: A Comprehensive Analysis Introduction The case Heather and Amanda Black et al. v. Indiana Area School...

Establishing Ripeness Requirements for §1983 Zoning Claims: Taylor Investment Ltd. v. Upper Darby Township

Date: Jan 26, 1993

Establishing Ripeness Requirements for §1983 Zoning Claims Taylor Investment, Ltd., Colleen Duffy Price, James P. Duffy v. Upper Darby Township (983 F.2d 1285, United States Court of Appeals, Third...

Restricting Classification Schemes in Bankruptcy: Insights from Hancock v. Route 37 Business Park Associates

Date: Jan 23, 1993

Restricting Classification Schemes in Bankruptcy: Insights from Hancock v. Route 37 Business Park Associates Introduction In the landmark case of John Hancock Mutual Life Insurance Company v. Route...

Clarifying Subject Matter Jurisdiction in Fair Housing Act Claims: Growth Horizons, Inc. v. Delaware County

Date: Jan 22, 1993

Clarifying Subject Matter Jurisdiction in Fair Housing Act Claims: Growth Horizons, Inc. v. Delaware County Introduction Growth Horizons, Inc. v. Delaware County, 983 F.2d 1277 (3d Cir. 1993), is a...

Limitation of Personal Jurisdiction Based on Non-Purposeful Contacts: Mellon Bank v. DiVeronica Bros.

Date: Jan 16, 1993

Limitation of Personal Jurisdiction Based on Non-Purposeful Contacts: Mellon Bank v. DiVeronica Bros. Introduction The case of Mellon Bank (East) PSFS, N.A. v. DiVeronica Bros., Inc. (983 F.2d 551)...

Establishing Retaliatory Discharge Precedent under Title VII: Robinson v. Southeastern Pennsylvania Transportation Authority

Date: Jan 9, 1993

Establishing Retaliatory Discharge Precedent under Title VII: Robinson v. Southeastern Pennsylvania Transportation Authority Introduction In David Robinson v. Southeastern Pennsylvania Transportation...

Extending the Work Product Doctrine to OSHA Records Access: Insights from Martin v. Bally's Park Place Hotel Casino

Date: Jan 7, 1993

Extending the Work Product Doctrine to OSHA Records Access: Insights from Martin v. Bally's Park Place Hotel Casino Introduction The case of Martin v. Bally's Park Place Hotel Casino, decided by the...

Reinforcing Equal Protection Standards in Grand Jury Selection: Ramseur v. Beyer

Date: Jan 1, 1993

Reinforcing Equal Protection Standards in Grand Jury Selection: Ramseur v. Beyer Introduction Thomas C. Ramseur, an appellant, challenged his first-degree murder conviction on several constitutional...

Subjective Evaluation and Gender Discrimination in Partnership Promotions: Ezold v. Wolf, Third Circuit

Date: Dec 31, 1992

Subjective Evaluation and Gender Discrimination in Partnership Promotions: Ezold v. Wolf, Third Circuit Introduction Ezold v. Wolf, Block, Schorr and Solis-Cohen is a seminal case adjudicated by the...

Employer's Discretion Under Reservation Clause Excludes Arbitrable Demotion Disputes

Date: Dec 31, 1992

Employer's Discretion Under Reservation Clause Excludes Arbitrable Demotion Disputes Introduction In the landmark case of Trap Rock Industries, Inc. v. Local 825, International Union of Operating...