3d Circuit Case Commentaries

Enforcement of Arbitration Awards Under Federal Labor Law: Insights from News America Publications v. Newark Typographical Union

Date: Nov 1, 1990

Enforcement of Arbitration Awards Under Federal Labor Law: Insights from News America Publications v. Newark Typographical Union Introduction The case of News America Publications, Inc. Daily Racing...

United States v. Dickerson: Third Circuit Reaffirms Broad Admissibility of Landowner's Expert Testimony in Eminent Domain Proceedings

Date: Nov 1, 1990

United States v. Dickerson: Third Circuit Reaffirms Broad Admissibility of Landowner's Expert Testimony in Eminent Domain Proceedings Introduction United States of America v. 68.94 Acres of Land,...

Pfeiffer v. Marion Center: Expanding Title IX Remedies and Evidentiary Standards

Date: Oct 31, 1990

Pfeiffer v. Marion Center: Expanding Title IX Remedies and Evidentiary Standards Introduction Pfeiffer v. Marion Center Area School District, 917 F.2d 779 (3d Cir. 1990), is a pivotal case in the...

Clergy-Communicant Privilege Enhanced in Grand Jury Proceedings

Date: Oct 30, 1990

Clergy-Communicant Privilege Enhanced in Grand Jury Proceedings Introduction In the landmark case IN RE GRAND JURY INVESTIGATION. APPEAL OF UNITED STATES OF AMERICA. (918 F.2d 374, 1990), the United...

Access to Courts in Incarceration: Wilmer B. Gay v. George Petsock Establishes Standards for Claims Against Correctional Officials

Date: Oct 27, 1990

Access to Courts in Incarceration: Wilmer B. Gay v. George Petsock Establishes Standards for Claims Against Correctional Officials Introduction Wilmer B. Gay v. George Petsock, Warden, et al., 917...

Gianakas v. Gianakas: Establishing Non-Dischargeability of Support Obligations in Bankruptcy

Date: Oct 20, 1990

Gianakas v. Gianakas: Establishing Non-Dischargeability of Support Obligations in Bankruptcy Introduction The case of Karen Gianakas v. Paul Chris Gianakas, decided by the United States Court of...

Reaffirming Coverage Obligations Under Savings and Loan Blanket Bonds: Oritani Savings Loan Association v. Fidelity Deposit Company of Maryland

Date: Oct 2, 1990

Reaffirming Coverage Obligations Under Savings and Loan Blanket Bonds Oritani Savings Loan Association v. Fidelity Deposit Company of Maryland Case Citation: 744 F. Supp. 1311 (D. New Jersey, 1990)...

Establishing Municipal Liability for Pretextual Arrests: Bielevicz v. Dubinon et al. Sets a New Precedent

Date: Sep 29, 1990

Establishing Municipal Liability for Pretextual Arrests: Bielevicz v. Dubinon et al. Sets a New Precedent Introduction Barbara Bielevicz and David Tumpa brought a civil rights action against Officers...

Extending Compensatory Education Beyond Age 21 and Eleventh Amendment Immunity: Insights from Lester H. v. Guilhol

Date: Sep 28, 1990

Extending Compensatory Education Beyond Age 21 and Eleventh Amendment Immunity: Insights from Lester H. v. Guilhol Introduction Lester H., a minor, who sues by his mother and next friend, Octavia P.,...

Reevaluation of Effective Assistance of Counsel: The Melvin Lewis Case

Date: Sep 25, 1990

Reevaluation of Effective Assistance of Counsel: The Melvin Lewis Case Introduction The case of MELVIN LEWIS, APPELLEE, v. JOSEPH MAZURKIEWICZ, WARDEN, LEROY ZIMMERMAN, ATTORNEY GENERAL OF...

Right to Jury Trial in Bankruptcy Proceedings: Beard v. Braunstein Analysis

Date: Sep 22, 1990

Right to Jury Trial in Bankruptcy Proceedings: Beard v. Braunstein Analysis Introduction Philip E. Beard, Trustee for Greater Pittsburgh Business Development Corp. v. Melvin A. Braunstein is a...

Enhancing Standards for Expert Testimony and Validating Medical Monitoring Claims in Toxic Tort Cases

Date: Sep 21, 1990

Enhancing Standards for Expert Testimony and Validating Medical Monitoring Claims in Toxic Tort Cases Introduction IN RE PAOLI RAILROAD YARD PCB LITIGATION represents a pivotal case in the realm of...

Improper Dismissal of In Forma Pauperis Complaints Prior to Service of Process: Oatess v. SoBolevitch

Date: Sep 20, 1990

Improper Dismissal of In Forma Pauperis Complaints Prior to Service of Process: Oatess v. SoBolevitch Introduction Case: Dale Oatess, Appellant, v. Nancy M. Sobolevitch et al. Court: United States...

Boyer v. Snap-on Tools Corporation: Reinforcing Rules on Diversity Jurisdiction and Defendants' Joinder

Date: Sep 6, 1990

Boyer v. Snap-on Tools Corporation: Reinforcing Rules on Diversity Jurisdiction and Defendants' Joinder Introduction Boyer v. Snap-on Tools Corporation is a pivotal case decided by the United States...

Affirming Reservation of Federal Claims and Challenging Claim Preclusion: A Detailed Analysis of Bradley v. Pittsburgh Board of Education

Date: Sep 6, 1990

Affirming Reservation of Federal Claims and Challenging Claim Preclusion: A Detailed Analysis of Bradley v. Pittsburgh Board of Education Introduction In the landmark case of Bradley v. Pittsburgh...

Establishing Causation in Asbestos Litigation: Upholding the Eckenrod Standard

Date: Aug 29, 1990

Establishing Causation in Asbestos Litigation: Upholding the Eckenrod Standard Introduction The case of Reimert et al. v. Multiple Asbestos Manufacturers [No. 89-2123] adjudicated by the United...

A Comprehensive Commentary on Schoch v. First Fidelity Bancorporation: Affirmation of At-Will Employment Doctrine and Summary Judgment Standards

Date: Aug 28, 1990

Affirmation of At-Will Employment Doctrine and Summary Judgment Standards in Wrongful Discharge Cases: Schoch v. First Fidelity Bancorporation Introduction The case of Schoch v. First Fidelity...

Third Circuit Establishes Distinction Between Aesthetic and Functional Elements in Copyright Law

Date: Aug 28, 1990

Third Circuit Establishes Distinction Between Aesthetic and Functional Elements in Copyright Law Introduction In the landmark case Masquerade Novelty, Inc. v. Unique Industries, Inc., the United...

Ripeness of Declaratory Judgment and Consequential Damages under the U.C.C.: Step-Saver Data Systems, Inc. v. Wyse Technology

Date: Aug 28, 1990

Ripeness of Declaratory Judgment and Consequential Damages under the U.C.C.: Step-Saver Data Systems, Inc. v. Wyse Technology Introduction Step-Saver Data Systems, Inc. v. Wyse Technology et al. is a...

Expanding §1983: Personal Capacity Suits Against State Officials and Scope of Employment Substitution

Date: Aug 22, 1990

Expanding §1983: Personal Capacity Suits Against State Officials and Scope of Employment Substitution Introduction The United States Court of Appeals for the Third Circuit, in the case of James C....