3d Circuit Case Commentaries

Colgan v. Fisher Scientific: Clarifying the Triggering of ADEA Limitations Period by Performance Evaluations

Date: Jun 20, 1991

Colgan v. Fisher Scientific: Clarifying the Triggering of ADEA Limitations Period by Performance Evaluations Introduction In the landmark case of Colgan v. Fisher Scientific Company, 935 F.2d 1407...

Enhancing Due Process: United States of America v. Richard Stevens and the Evolution of Eyewitness Identification Standards

Date: Jun 13, 1991

Enhancing Due Process: United States of America v. Richard Stevens and the Evolution of Eyewitness Identification Standards Introduction United States of America v. Richard Stevens, 935 F.2d 1380 (3d...

Third Circuit Clarifies Attorney Fee Awards and Sanctions Under Title VII in Quiroga v. Hasbro

Date: Jun 12, 1991

Third Circuit Clarifies Attorney Fee Awards and Sanctions Under Title VII in Quiroga v. Hasbro Introduction In the landmark case Alvaro Quiroga v. Hasbro, Inc. and Playskool Baby, Inc., decided on...

LONY v. E.I. DU PONT de NEMOURS CO.: Reinforcing the Evolution of Forum Non Conveniens Doctrine

Date: Jun 8, 1991

LONY v. E.I. DU PONT de NEMOURS CO.: Reinforcing the Evolution of Forum Non Conveniens Doctrine Introduction The case of Adolf LONY v. E.I. DU PONT de NEMOURS COmpany, decided by the United States...

Sinclair v. Soniform: Affirmation of Federal Admiralty Jurisdiction in Recreational Scuba Diving Incidents

Date: Jun 7, 1991

Sinclair v. Soniform: Affirmation of Federal Admiralty Jurisdiction in Recreational Scuba Diving Incidents Introduction In the landmark case of Terry Lee Sinclair v. Soniform, Inc., the United States...

Subsumption of Common Law Negligence Claims Under the New Jersey Product Liability Act

Date: May 31, 1991

Subsumption of Common Law Negligence Claims Under the New Jersey Product Liability Act Introduction In the case of Daniel M. Repola and D.R. Firewood, a Sole Proprietorship, Irene Stevens Repola, His...

Interpretation of 'Successor' in ERISA Benefit Plans: Insights from Taylor v. Continental Group

Date: May 30, 1991

Interpretation of 'Successor' in ERISA Benefit Plans: Insights from Taylor v. Continental Group Introduction The case of Darel Taylor and Margaret Taylor v. The Continental Group Change in Control...

Affirmation of Enforceable Forum Selection Clause as Basis for Remand: Foster v. Chesapeake

Date: May 21, 1991

Affirmation of Enforceable Forum Selection Clause as Basis for Remand: Foster v. Chesapeake Introduction In the landmark case of Foster v. Chesapeake Insurance Company, Ltd. (933 F.2d 1207, 3rd Cir....

Prospective Injunction Granted Against Local Zoning Ordinance Restricting Political Expressions

Date: May 18, 1991

Prospective Injunction Granted Against Local Zoning Ordinance Restricting Political Expressions Introduction In the landmark case of Thomas P. Loftus v. Township of Lawrence Park and Paul J....

Reaffirming the Flexibility of RICO’s Pattern Requirement in Organized Crime Cases: Commentary on United States v. Eufrasio, et al.

Date: May 16, 1991

Reaffirming the Flexibility of RICO’s Pattern Requirement in Organized Crime Cases: Commentary on United States v. Eufrasio, et al. Introduction The case of United States of America v. Mario...

Clarifying Appellate Review Standards in Ineffective Assistance of Counsel Claims: The Hull v. Freeman Decision

Date: May 11, 1991

Clarifying Appellate Review Standards in Ineffective Assistance of Counsel Claims: The Hull v. Freeman Decision Introduction The case of Larry Gene Hull v. Robert M. Freeman; Ernest D. Preate, Jr.,...

Enhancing Judicial Enforcement of the Clean Air Act: Insights from Delaware Valley Citizens Council v. Pennsylvania and EPA

Date: May 7, 1991

Enhancing Judicial Enforcement of the Clean Air Act: Insights from Delaware Valley Citizens Council v. Pennsylvania and EPA Introduction The case of Delaware Valley Citizens Council for Clean Air et...

Affirmation of Summary Judgment and Reversal of Sanctions in Hackman v. Valley Fair Establishes Clarity on Affidavit Credibility and Attorney Conduct

Date: May 4, 1991

Affirmation of Summary Judgment and Reversal of Sanctions in Hackman v. Valley Fair: Establishing Clarity on Affidavit Credibility and Attorney Conduct Introduction In the landmark case of Dennis...

New Precedent on Insurance Coverage for Environmental Pollution Damage: Interpretation of 'Damages' and 'Sudden and Accidental' Clauses in CGL Policies

Date: May 1, 1991

New Precedent on Insurance Coverage for Environmental Pollution Damage: Interpretation of 'Damages' and 'Sudden and Accidental' Clauses in CGL Policies Introduction In the landmark case New Castle...

Access to Essential Proofs in Forum Non Conveniens: The LACEY v. CESSNA AIRCRAFT CO. Decision

Date: Apr 24, 1991

Access to Essential Proofs in Forum Non Conveniens: The LACEY v. CESSNA AIRCRAFT CO. Decision Introduction The case of Graeme MacArthur LACEY v. CESSNA AIRCRAFT COmpany et al. is a landmark decision...

Country Floors, Inc. v. Country Tiles Partnership: Reinforcing Standards for Summary Judgment in Trademark Infringement Cases

Date: Apr 17, 1991

Country Floors, Inc. v. Country Tiles Partnership: Reinforcing Standards for Summary Judgment in Trademark Infringement Cases Introduction In the landmark case of Country Floors, Inc. v. A...

Appellate Clarification on Rule 12(c) in Trademark Infringement: ISI v. Gordon and Breach

Date: Apr 16, 1991

Appellate Clarification on Rule 12(c) in Trademark Infringement: ISI v. Gordon and Breach Introduction The case Institute for Scientific Information, Inc. v. Gordon and Breach, Science Publishers,...

Brady Violation Reinforced: United States v. Perdomo Establishes Prosecutorial Duty to Disclose Material Evidence

Date: Apr 12, 1991

Brady Violation Reinforced: United States v. Perdomo Establishes Prosecutorial Duty to Disclose Material Evidence Introduction United States of America v. Perdomo, 929 F.2d 967 (3d Cir. 1991), serves...

Reaffirming Claim Preclusion in Successive Litigation: An Analysis of LUBRIZOL CORP. v. EXXON CORP.

Date: Apr 9, 1991

Reaffirming Claim Preclusion in Successive Litigation: An Analysis of LUBRIZOL CORP. v. EXXON CORP. Introduction In the case of The Lubrizol Corporation v. Exxon Corporation and Exxon Research and...

Jurisdictional Boundaries and RICO Standing in Ford v. Altran: A Comprehensive Analysis

Date: Apr 9, 1991

Jurisdictional Boundaries and RICO Standing in Ford v. Altran: A Comprehensive Analysis Introduction In the landmark case of Ford Motor Company v. Altran Corporation (930 F.2d 277), the United States...