3d Circuit Case Commentaries

Mootness Doctrine Applied in NJ Turnpike Authority v. Jersey Central Power

Date: Sep 7, 1985

Mootness Doctrine Applied in NJ Turnpike Authority v. Jersey Central Power Introduction New Jersey Turnpike Authority (NJTA) filed an appeal against Jersey Central Power and Light (JCP&L) and General...

Supremacy Clause Preempts Local Bans on Radioactive Waste Storage: Analysis of Jersey Central Power Light Company v. Township of Lacey

Date: Sep 7, 1985

Supremacy Clause Preempts Local Bans on Radioactive Waste Storage: Analysis of Jersey Central Power Light Company v. Township of Lacey Introduction The case of Jersey Central Power Light Company v....

Abstention Doctrine Upheld in Equal Protection Parole Procedures Challenge

Date: Sep 6, 1985

Abstention Doctrine Upheld in Equal Protection Parole Procedures Challenge Introduction The case of Anthony Georgevich v. Judge Samuel Strauss et al. addresses a significant equal protection...

Strict Enforcement of Norris-LaGuardia Act Procedures in Injunctive Relief: Third Circuit Rules in United Telegraph Workers v. Western Union

Date: Aug 27, 1985

Strict Enforcement of Norris-LaGuardia Act Procedures in Injunctive Relief: Third Circuit Rules in United Telegraph Workers v. Western Union Introduction The case of United Telegraph Workers,...

Third Circuit Establishes Flexible Res Judicata Application in Disability Claims Involving Alcoholism

Date: Aug 17, 1985

Third Circuit Establishes Flexible Res Judicata Application in Disability Claims Involving Alcoholism Introduction The case of Charles Purter v. Margaret Heckler, Secretary of Health and Human...

Riehl v. Travelers Insurance Co.: Clarifying Insurance Coverage for Environmental Cleanup

Date: Aug 13, 1985

Riehl v. Travelers Insurance Co.: Clarifying Insurance Coverage for Environmental Cleanup Introduction In the landmark case of Ralph R. Riehl, Jr., Appellee, v. Travelers Insurance Co., Appellant,...

Doe Defendants and Diversity Jurisdiction: Abels v. State Farm Fire Casualty Company Establishes Critical Precedent

Date: Aug 9, 1985

Doe Defendants and Diversity Jurisdiction: Abels v. State Farm Fire Casualty Company Establishes Critical Precedent Introduction In the landmark case of Charles E. Abels and Irene C. Abels v. State...

Accrual of Claims under the Federal Tort Claims Act: Insights from Zeleznik v. United States

Date: Aug 3, 1985

Accrual of Claims under the Federal Tort Claims Act: Insights from Zeleznik v. United States Introduction The case of Zeleznik, Carter, Administrator of the Estate of Arnold Frank Zeleznik, Deceased,...

Presumption of Correctness in Federal Habeas Corpus Review: Smith v. Zimmerman

Date: Jul 17, 1985

Presumption of Correctness in Federal Habeas Corpus Review: Smith v. Zimmerman Introduction The case of Robert Smith v. Charles Zimmerman is a pivotal decision from the United States Court of...

Third Circuit Clarifies 'Related to' Jurisdiction in Bankruptcy Cases: Bobroff v. Continental Bank

Date: Jul 6, 1985

Third Circuit Clarifies 'Related to' Jurisdiction in Bankruptcy Cases: Bobroff v. Continental Bank Introduction In the landmark case In re Bobroff, Charles T., Debtor, decided on July 5, 1985, the...

Maxfield v. Sinclair International: Establishing New ADEA Precedents on Mandatory Retirement and Damages

Date: Jul 4, 1985

Maxfield v. Sinclair International: Establishing New ADEA Precedents on Mandatory Retirement and Damages Introduction The landmark case of James L. Maxfield v. Sinclair International and David H....

Revisiting Misleading Projections in Securities Fraud: The Third Circuit's Analysis in Eisenberg & Nissen v. Gagnon et al.

Date: Jun 29, 1985

Revisiting Misleading Projections in Securities Fraud: The Third Circuit's Analysis in Eisenberg & Nissen v. Gagnon et al. Introduction In MARTIN EISENBERG AND ARTHUR NISSEN, ON BEHALF OF THEMSELVES...

Pacific Indemnity Co. v. Linn: Expanding the Duty to Defend in Professional Liability Insurance

Date: Jun 28, 1985

Pacific Indemnity Co. v. Linn: Expanding the Duty to Defend in Professional Liability Insurance Introduction Pacific Indemnity Company v. Linn is a pivotal case adjudicated by the United States Court...

Expanding State Liability under 42 U.S.C. § 1983: The Estate of Aleta V. Bailey Case

Date: Jun 28, 1985

Expanding State Liability under 42 U.S.C. § 1983: The Estate of Aleta V. Bailey Case Introduction The case Estate of Aleta V. Bailey v. County of York et al., decided by the United States Court of...

UCC Supremacy in Commercial Sale: Restraint of Negligence and Strict Liability Claims for Economic Loss - Heide v. WRH Products Co.

Date: Jun 28, 1985

UCC Supremacy in Commercial Sale: Restraint of Negligence and Strict Liability Claims for Economic Loss - Heide v. WRH Products Co. Introduction Heide v. WRH Products Co., Inc., 766 F.2d 105 (3d Cir....

Establishing the Necessity of Bad Faith in Imposing Attorney Fees under 28 U.S.C. § 1927

Date: Jun 15, 1985

Establishing the Necessity of Bad Faith in Imposing Attorney Fees under 28 U.S.C. § 1927 Introduction In the landmark case of Baker Industries, Inc. v. Cerberus Limited, the United States Court of...

Smith v. City of Pittsburgh: Establishing Two-Year Statute of Limitations for 42 U.S.C. § 1983 Due Process Claims

Date: Jun 13, 1985

Smith v. City of Pittsburgh: Establishing Two-Year Statute of Limitations for 42 U.S.C. § 1983 Due Process Claims Introduction The case of Lester Smith v. City of Pittsburgh (764 F.2d 188) represents...

Enhanced Disclosure Requirements for Margin Accounts: Third Circuit Expands Scope under Rule 10b-5 and Affirms Private Rights under Rule 10b-16

Date: Jun 13, 1985

Enhanced Disclosure Requirements for Margin Accounts: Third Circuit Expands Scope under Rule 10b-5 and Affirms Private Rights under Rule 10b-16 Introduction The legal landscape governing securities...

Establishing Prima Facie Disability in SSI Claims: Insights from Ferguson v. Schweiker

Date: Jun 12, 1985

Establishing Prima Facie Disability in SSI Claims: Insights from Ferguson v. Schweiker Introduction The case of Elizabeth L. Ferguson v. Richard S. Schweiker, decided by the United States Court of...

Clarifying the Burden of Proof and Expert Testimony in Legal Malpractice Summary Judgment: Gans v. Mundy (1985)

Date: Jun 1, 1985

Clarifying the Burden of Proof and Expert Testimony in Legal Malpractice Summary Judgment: Gans v. Mundy (1985) Introduction The case of Gans v. Mundy, James F., and the Law Firm of Raynes, McCarty,...

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