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  • Commentaries
  • Judgments

3d Circuit Case Commentaries

Affirmation of Inherent Judicial Powers to Impose Monetary Sanctions on Attorneys in Federal Courts

Affirmation of Inherent Judicial Powers to Impose Monetary Sanctions on Attorneys in Federal Courts

Date: Mar 16, 1985
Affirmation of Inherent Judicial Powers to Impose Monetary Sanctions on Attorneys in Federal Courts Introduction The case of Irvin E. Eash and Yvonne M. Eash, His Wife v. Riggins Trucking Inc....
Rego Company v. Lewis et al.: Clarifications on Removal Jurisdiction and Product Misuse in Strict Liability Cases

Rego Company v. Lewis et al.: Clarifications on Removal Jurisdiction and Product Misuse in Strict Liability Cases

Date: Mar 16, 1985
Rego Company v. Lewis et al.: Clarifications on Removal Jurisdiction and Product Misuse in Strict Liability Cases Introduction The case of William Lewis et al. v. Rego Company et al. (757 F.2d 66)...
Redefining Employee Status for Homeworkers under the Fair Labor Standards Act: Analysis of Donovan v. DialAmerica Marketing, Inc.

Redefining Employee Status for Homeworkers under the Fair Labor Standards Act: Analysis of Donovan v. DialAmerica Marketing, Inc.

Date: Mar 14, 1985
Redefining Employee Status for Homeworkers under the Fair Labor Standards Act: Analysis of Donovan v. DialAmerica Marketing, Inc. Introduction The case of Donovan v. DialAmerica Marketing, Inc.,...
Statutes of Limitation in Wrongful Death and Survival Actions: Rejection of the Discovery Rule and Estoppel in Salvatore Ciccarelli v. Carey Canadian Mines

Statutes of Limitation in Wrongful Death and Survival Actions: Rejection of the Discovery Rule and Estoppel in Salvatore Ciccarelli v. Carey Canadian Mines

Date: Mar 13, 1985
Statutes of Limitation in Wrongful Death and Survival Actions: Rejection of the Discovery Rule and Estoppel in Salvatore Ciccarelli et al. v. Carey Canadian Mines, Ltd. Introduction The case...
Reevaluation of Substantial Justification under the Equal Access to Justice Act: Washington v. Heckler

Reevaluation of Substantial Justification under the Equal Access to Justice Act: Washington v. Heckler

Date: Mar 7, 1985
Reevaluation of Substantial Justification under the Equal Access to Justice Act: Washington v. Heckler Introduction John E. Washington v. Margaret M. Heckler, Secretary of Health and Human Services,...
Limits on Imputing Bankruptcy Notice to Creditors: Insights from Maldonado v. Ramirez

Limits on Imputing Bankruptcy Notice to Creditors: Insights from Maldonado v. Ramirez

Date: Mar 7, 1985
Limits on Imputing Bankruptcy Notice to Creditors: Insights from Maldonado v. Ramirez Introduction Maldonado v. Ramirez, 757 F.2d 48 (3d Cir. 1985), addresses pivotal issues concerning the discharge...
GOLD KIST v. LAURINBURG: Reinforcing the Necessity of Proper Service of Process for Default Judgments

GOLD KIST v. LAURINBURG: Reinforcing the Necessity of Proper Service of Process for Default Judgments

Date: Mar 5, 1985
GOLD KIST v. LAURINBURG: Reinforcing the Necessity of Proper Service of Process for Default Judgments Introduction GOLD KIST, INC. v. LAURINBURG OIL COMPANY, INC. AND McNAIR EVANS, 756 F.2d 14 (3d...
Recognition of Future Claimants' Representation in Bankruptcy Reorganizations: Analysis of In Re Amatex Corporation

Recognition of Future Claimants' Representation in Bankruptcy Reorganizations: Analysis of In Re Amatex Corporation

Date: Feb 23, 1985
Recognition of Future Claimants' Representation in Bankruptcy Reorganizations: Analysis of In Re Amatex Corporation Introduction The case of In Re Amatex Corporation addresses a pivotal issue within...
Jurisdictional Bar of Untimely Notice of Appeal under Bankruptcy Rule 8002(a): In Re Universal Minerals Inc.

Jurisdictional Bar of Untimely Notice of Appeal under Bankruptcy Rule 8002(a): In Re Universal Minerals Inc.

Date: Feb 21, 1985
Jurisdictional Bar of Untimely Notice of Appeal under Bankruptcy Rule 8002(a): In Re Universal Minerals Inc. Introduction The case of In Re Universal Minerals Inc. involves an appeal by Greenley...
Trade Secret Protection and Employee Mobility: Insights from SI Handling Systems, Inc. v. Heisley et al.

Trade Secret Protection and Employee Mobility: Insights from SI Handling Systems, Inc. v. Heisley et al.

Date: Feb 5, 1985
Trade Secret Protection and Employee Mobility: Insights from SI Handling Systems, Inc. v. Heisley et al. Introduction The case of SI Handling Systems, Inc. v. Michael E. Heisley et al. adjudicated by...
Admissibility of Non-Prosecution Evidence in Arson Defense: Insights from American Home Assurance Co. v. Sunshine Supermarket

Admissibility of Non-Prosecution Evidence in Arson Defense: Insights from American Home Assurance Co. v. Sunshine Supermarket

Date: Feb 2, 1985
Admissibility of Non-Prosecution Evidence in Arson Defense: Insights from American Home Assurance Co. v. Sunshine Supermarket Introduction The case of American Home Assurance Company v. Sunshine...
Admissibility of Expert Testimony on Eyewitness Reliability: U.S.A. v. Downing and Fed.R.Evid. 702

Admissibility of Expert Testimony on Eyewitness Reliability: U.S.A. v. Downing and Fed.R.Evid. 702

Date: Jan 26, 1985
Admissibility of Expert Testimony on Eyewitness Reliability: U.S.A. v. Downing and Fed.R.Evid. 702 Introduction In the landmark case of United States of America v. John W. Downing (753 F.2d 1224, 3rd...
Establishing Materiality and Good Cause for Evidence Remand in Disability Benefits Terminations: Analysis of Newhouse v. Heckler

Establishing Materiality and Good Cause for Evidence Remand in Disability Benefits Terminations: Analysis of Newhouse v. Heckler

Date: Jan 24, 1985
Establishing Materiality and Good Cause for Evidence Remand in Disability Benefits Terminations: Analysis of Newhouse v. Heckler Introduction In the landmark case of Newhouse v. Heckler, adjudicated...
United States v. Miller: Clarifying Bail Pending Appeal Under the Bail Reform Act of 1984

United States v. Miller: Clarifying Bail Pending Appeal Under the Bail Reform Act of 1984

Date: Jan 19, 1985
United States v. Miller: Clarifying Bail Pending Appeal Under the Bail Reform Act of 1984 Introduction In United States of America v. Stanton Miller and Robert Miller, 753 F.2d 19 (3rd Cir. 1985),...
ERISA Exemptions and Arbitration in Unfunded Deferred Compensation Plans: Barrowcclough v. Kidder, Peabody Co.

ERISA Exemptions and Arbitration in Unfunded Deferred Compensation Plans: Barrowcclough v. Kidder, Peabody Co.

Date: Jan 19, 1985
ERISA Exemptions and Arbitration in Unfunded Deferred Compensation Plans: Barrowcclough v. Kidder, Peabody Co. Introduction In the landmark case Barrowcclough v. Kidder, Peabody Co., the United...
Third Circuit Reinforces Standards for Attorney's Fee Awards under 42 U.S.C. § 1988

Third Circuit Reinforces Standards for Attorney's Fee Awards under 42 U.S.C. § 1988

Date: Jan 16, 1985
Third Circuit Reinforces Standards for Attorney's Fee Awards under 42 U.S.C. § 1988 Introduction In the landmark case of Rebecca L. Cunningham v. The City of McKeesport et al., decided on January 15,...
Breach of Contract and Fraud under RICO: Insights from B.F. Hirsch v. Enright Refining Co., Inc.

Breach of Contract and Fraud under RICO: Insights from B.F. Hirsch v. Enright Refining Co., Inc.

Date: Jan 1, 1985
Breach of Contract and Fraud under RICO: Insights from B.F. Hirsch v. Enright Refining Co., Inc. Introduction The case of B.F. Hirsch, Inc. v. Enright Refining Company, Inc., adjudicated in the...
Protection of Seamen’s Survivors: Upholding Due Process in Admiralty Settlements

Protection of Seamen’s Survivors: Upholding Due Process in Admiralty Settlements

Date: Jan 1, 1985
Protection of Seamen’s Survivors: Upholding Due Process in Admiralty Settlements Introduction The case of In the Matter of the COMPLAINT OF BANKERS TRUST COmpany et al., v. Villaneuva Compania...
Enhancing EEOC Filing Standards: Howze v. Jones Laughlin Steel Corp. Analysis

Enhancing EEOC Filing Standards: Howze v. Jones Laughlin Steel Corp. Analysis

Date: Dec 29, 1984
Enhancing EEOC Filing Standards: Howze v. Jones Laughlin Steel Corp. Introduction In the landmark case of Gwendolyn Howze v. Jones Laughlin Steel Corp., decided on December 28, 1984, the United...
Clarifying the Threshold for §1983 Claims: Negligence and Immunity in Prison Settings

Clarifying the Threshold for §1983 Claims: Negligence and Immunity in Prison Settings

Date: Dec 28, 1984
Clarifying the Threshold for §1983 Claims: Negligence and Immunity in Prison Settings Introduction Robert Davidson v. Edward O'Lone, Superintendent, Arthur Jones, Hearing Officer, Joseph Cannon,...
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