3d Circuit Case Commentaries

Establishing Evidentiary Standards in Racial Discrimination Claims: Pollock v. AT&T

Date: Jul 1, 1986

Establishing Evidentiary Standards in Racial Discrimination Claims: Pollock v. AT&T Introduction Pollock v. AT&T is a landmark case adjudicated by the United States Court of Appeals for the Third...

Voluntariness of Confessions Under the Totality of Circumstances: MILLER v. FENTON

Date: Jun 27, 1986

Voluntariness of Confessions Under the Totality of Circumstances: MILLER v. FENTON Introduction MILLER v. FENTON is a pivotal case decided by the United States Court of Appeals for the Third Circuit...

ERISA Preemption Over State Wage and Benefit Claims: Analysis of McMahon v. Putnam B. McDowell

Date: Jun 25, 1986

ERISA Preemption Over State Wage and Benefit Claims: Analysis of McMahon v. Putnam B. McDowell Introduction In the landmark case of McMahon v. Putnam B. McDowell, decided by the United States Court...

Application of the Bail Reform Act's Presumption of Dangerousness: United States v. Carbone

Date: Jun 24, 1986

Application of the Bail Reform Act's Presumption of Dangerousness: United States v. Carbone Introduction United States of America v. Adolph "Butch" Carbone, 793 F.2d 559 (3d Cir. 1986), is a pivotal...

Third Circuit Upholds Copyright Protections for Secure Educational Tests, Modifies Scope of Preliminary Injunction

Date: Jun 21, 1986

Third Circuit Upholds Copyright Protections for Secure Educational Tests, Modifies Scope of Preliminary Injunction Introduction The case of Educational Testing Services (ETS) v. John Katzman and The...

Establishing a Uniform Six-Year Limitations Period for Civil RICO Claims: Malley-Duff v. Crown Life Insurance Co.

Date: May 31, 1986

Establishing a Uniform Six-Year Limitations Period for Civil RICO Claims: Malley-Duff v. Crown Life Insurance Co. Introduction The case of Malley-Duff Associates, Inc. v. Crown Life Insurance Co.,...

Reinforcement of Separate Liability for Corporate Principals in Fraud Inducement Cases

Date: May 29, 1986

Reinforcement of Separate Liability for Corporate Principals in Fraud Inducement Cases Introduction In the case of Menatsagan Melikian and Kambiz Aftassi v. Anthony Corradetti et al., decided by the...

Wildwood v. Anela: Establishing Municipal Liability for Policy Violations under §1983

Date: May 23, 1986

Wildwood v. Anela: Establishing Municipal Liability for Policy Violations under §1983 Introduction Wildwood v. Antoinette Connie Anela et al., decided on May 22, 1986, by the United States Court of...

Substantial Evidence Requirement for Residual Functional Capacity in Disability Determination: Doak v. Heckler

Date: May 8, 1986

Substantial Evidence Requirement for Residual Functional Capacity in Disability Determination: Doak v. Heckler Introduction The case of Raymond G. Doak v. Margaret M. Heckler, Secretary of Health and...

Bad Faith Litigation and Attorney Fee Sanctions in CELESTINE FORD v. TEMPLE HOSPITAL

Date: May 8, 1986

Bad Faith Litigation and Attorney Fee Sanctions in CELESTINE FORD v. TEMPLE HOSPITAL Introduction The case of Celestine Ford v. Temple Hospital and National Union of Hospital Health Care Employees,...

Strict Adherence to Title VII's 90-Day Filing Deadline Affirmed in Mosel v. Hills Department Store

Date: May 2, 1986

Strict Adherence to Title VII's 90-Day Filing Deadline Affirmed in Mosel v. Hills Department Store Introduction The case of Gary K. Mosel v. Hills Department Store, Inc., adjudicated by the United...

Limits on Mandatory Class Certification Under Rule 23(b)(1)(B): Insights from In re School Asbestos Litigation

Date: May 2, 1986

Limits on Mandatory Class Certification Under Rule 23(b)(1)(B): Insights from In re School Asbestos Litigation Introduction The case In re School Asbestos Litigation addressed significant issues...

Reversing Summary Judgment: Enhanced Understanding of Statute of Limitations in Labor Relations

Date: May 1, 1986

Reversing Summary Judgment: Enhanced Understanding of Statute of Limitations in Labor Relations Introduction The case Hersh v. Allen Products Company, Inc. d/b/a Alpo Pet Products, and Teamsters...

Limits on Rule 37(b) Sanctions and the Impact of Plaintiff's Fugitive Status: Analysis of Ali v. Sims et al.

Date: Apr 22, 1986

Limits on Rule 37(b) Sanctions and the Impact of Plaintiff's Fugitive Status: Analysis of Ali v. Sims et al. Introduction The case of Ishmael Muslim Ali v. Rudolph Sims et al. (788 F.2d 954, United...

Entrapment and Jury Size in Narcotics Conspiracy: Gambino v. United States

Date: Apr 19, 1986

Entrapment and Jury Size in Narcotics Conspiracy: Gambino v. United States Introduction UNITED STATES OF AMERICA v. GAMBINO, ROSARIO, ERASMO GAMBINO, ANTONIO GAMBINO, AND ANTHONY SPATOLA (788 F.2d...

Affirmation of Illinois Brick Application to Vertical Conspiracies in Antitrust Litigation

Date: Apr 17, 1986

Affirmation of Illinois Brick Application to Vertical Conspiracies in Antitrust Litigation Introduction In the case of Jules Link and Solomon Katz, on behalf of themselves and all others similarly...

Establishing Good Faith in Bankruptcy Asset Sales: Analysis of In Re Abbots Dairies of Pennsylvania, Inc.

Date: Apr 15, 1986

Establishing Good Faith in Bankruptcy Asset Sales: Analysis of In Re Abbots Dairies of Pennsylvania, Inc. Introduction The case In Re Abbots Dairies of Pennsylvania, Inc. involves complex issues...

Discretionary Standards for Attorney's Fee Awards in Copyright Litigation: Insights from Lloyd Lieb v. Topstone Industries

Date: Apr 15, 1986

Discretionary Standards for Attorney's Fee Awards in Copyright Litigation: Insights from Lloyd Lieb v. Topstone Industries Introduction The case of Lloyd Lieb, Trading as Specialized Cassettes v....

Controlled Group Liability Under MPPAA: Insights from IUE AFL-CIO Pension Fund v. Sentinel Electronics Inc.

Date: Apr 11, 1986

Controlled Group Liability Under MPPAA: Insights from IUE AFL-CIO Pension Fund v. Sentinel Electronics Inc. Introduction The case of IUE AFL-CIO Pension Fund and Lloyd J. Hayes et al. v. Barker...

Federal Cigarette Labeling Act as a Preemption Standard for State Law Claims: Comprehensive Analysis of Cipollone v. Liggett Group, Inc.

Date: Apr 8, 1986

Federal Cigarette Labeling Act as a Preemption Standard for State Law Claims: Comprehensive Analysis of Cipollone v. Liggett Group, Inc. Introduction Cipollone v. Liggett Group, Inc., 789 F.2d 181...

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