3d Circuit Case Commentaries

Koshatka v. Philadelphia Newspapers: Arbitration Barred Individual § 301 Action

Date: May 31, 1985

Koshatka v. Philadelphia Newspapers: Arbitration Barred Individual § 301 Action Introduction Koshatka, Edgar, Appellant, v. Philadelphia Newspapers, Inc. d/b/a The Philadelphia Inquirer and The Daily...

Reaffirming Caveat Emptor and Successor Liability in Environmental Nuisance: PECO v. Hercules

Date: May 29, 1985

Reaffirming Caveat Emptor and Successor Liability in Environmental Nuisance: PECO v. Hercules Introduction Philadelphia Electric Company v. Hercules, Inc., 762 F.2d 303 (United States Court of...

Unenforceability of Escape Clauses in ERISA Plans: Insights from Northeast Department ILGWU v. Teamsters Local Union No. 229

Date: May 24, 1985

Unenforceability of Escape Clauses in ERISA Plans: Insights from Northeast Department ILGWU Health and Welfare Fund and Sol Hoffman v. Teamsters Local Union No. 229 Welfare Fund Introduction The case...

Limits of Personal Jurisdiction: Rejecting the National Contacts Theory in Max Daetwyler Corp. v. R. Meyer

Date: May 23, 1985

Limits of Personal Jurisdiction: Rejecting the National Contacts Theory in Max Daetwyler Corp. v. R. Meyer Introduction Max Daetwyler Corporation v. R. Meyer, 762 F.2d 290 (3d Cir. 1985), is a...

Limitation of Liability in Maritime Law: Key Insights from Bankers Trust Co. v. BP Oil, Inc.

Date: May 14, 1985

Limitation of Liability in Maritime Law: Key Insights from Bankers Trust Co. v. BP Oil, Inc. Introduction The case of Bankers Trust Company as Owner-Trustee and Monsanto Company as Chartered Owner,...

Equal Pay Act Enforcement: Insights from Brobst v. Columbus Services International

Date: May 3, 1985

Equal Pay Act Enforcement: Insights from Brobst v. Columbus Services International Introduction In the landmark case of Brobst v. Columbus Services International, the United States Court of Appeals...

Reaffirmation of Qualified Immunity for Prison Authorities in Free Exercise Religious Rights Cases

Date: May 2, 1985

Reaffirmation of Qualified Immunity for Prison Authorities in Free Exercise Religious Rights Cases Introduction In the landmark case of Wilson v. Schillinger, the United States Court of Appeals for...

Due Process Protections in Prisoner Transfers: Reeves v. Sparks Establishes Procedural Safeguards

Date: Apr 30, 1985

Due Process Protections in Prisoner Transfers: Reeves v. Sparks Establishes Procedural Safeguards Introduction Reese v. Sparks, 760 F.2d 64 (3d Cir. 1985), is a pivotal case in the realm of...

Limitations on Sureties' Reliance on Principal's Arbitration Agreements: Cost Brothers v. Travelers Indemnity Co.

Date: Apr 27, 1985

Limitations on Sureties' Reliance on Principal's Arbitration Agreements: Cost Brothers v. Travelers Indemnity Co. Introduction The case of Cost Brothers, Inc. v. The Travelers Indemnity Company (760...

Third Circuit Reinforces Territorial Limits on Federal Trademark Protections: Natural Footwear Ltd. v. Roots, Inc.

Date: Apr 20, 1985

Third Circuit Reinforces Territorial Limits on Federal Trademark Protections: Natural Footwear Ltd. v. Roots, Inc. Introduction In the landmark case of Natural Footwear Limited, a Corporation of the...

Third Circuit Upholds Work Product Protection over Deposition Document Identification: Sporck v. Peil

Date: Apr 19, 1985

Third Circuit Upholds Work Product Protection over Deposition Document Identification: Sporck v. Peil Introduction The case of Charles E. Sporck v. Raymond K. Peil was adjudicated by the United...

Affirmation of Supplier Liability in Asbestos Litigation: Jurisdiction, Causation, and Statute of Limitations

Date: Apr 18, 1985

Affirmation of Supplier Liability in Asbestos Litigation: Jurisdiction, Causation, and Statute of Limitations Introduction The appellate case of VAN BUSKIRK, ELEANOR, et al. v. CAREY CANADIAN MINES,...

RICO Conspiracy Standards Affirmed in US v. Adams: No Personal Commission Requirement

Date: Apr 16, 1985

RICO Conspiracy Standards Affirmed in US v. Adams: No Personal Commission Requirement Introduction The case of United States of America v. Adams, Tyrone, decided by the United States Court of Appeals...

Discovery Rule Applied to Statute of Limitations in Pennsylvania Wrongful Death and Survival Actions under §5524(2)

Date: Apr 13, 1985

Discovery Rule Applied to Statute of Limitations in Pennsylvania Wrongful Death and Survival Actions under §5524(2) Introduction In the case of GAYLON H. McGOWAN, ADMINISTRATOR AD PROSEQUENDUM OF THE...

Expansion of Intentional Infliction of Emotional Distress in Product Liability: Wisniewski v. Johns-Manville Corp.

Date: Apr 12, 1985

Expansion of Intentional Infliction of Emotional Distress in Product Liability: Wisniewski v. Johns-Manville Corp. Introduction The case of Wisniewski, Susan and Klock, Debra Wisniewski, Apellants,...

Non-Dischargeability of Contingent Asbestos-Related F.E.L.A. Claims Post-Bankruptcy Reorganization

Date: Mar 30, 1985

Non-Dischargeability of Contingent Asbestos-Related F.E.L.A. Claims Post-Bankruptcy Reorganization Introduction The case of Schweitzer, Josephine, et al. v. Consolidated Rail Corporation (Conrail)...

Juror Competence and Counsel Efficacy: Comprehensive Analysis of GOVERNMENT OF THE VIRGIN ISLANDS v. NICHOLAS

Date: Mar 30, 1985

Juror Competence and Counsel Efficacy: Comprehensive Analysis of Government of the Virgin Islands v. Nicholas, 759 F.2d 1073 (3d Cir. 1985) Introduction Government of the Virgin Islands v. Connie...

Jurisdictional Constraints on District Courts During Appeals: Venen v. Sweet Establishes Precedent

Date: Mar 30, 1985

Jurisdictional Constraints on District Courts During Appeals: Venen v. Sweet Establishes Precedent Introduction Venen v. Sweet, adjudicated by the United States Court of Appeals for the Third Circuit...

Establishing Standards for Attorney Fee Awards in Civil Rights Litigation: Institutionalized Juveniles v. Secretary of Public Welfare

Date: Mar 27, 1985

Establishing Standards for Attorney Fee Awards in Civil Rights Litigation: Institutionalized Juveniles v. Secretary of Public Welfare Introduction Institutionalized Juveniles in Pennsylvania...

Affirmation of Community Safety as Basis for Pretrial Detention: United States v. Delker

Date: Mar 19, 1985

Affirmation of Community Safety as Basis for Pretrial Detention: United States v. Delker Introduction The case United States of America v. Robert P. Delker, decided by the United States Court of...

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