3d Circuit Case Commentaries

Establishing Representational Standing in Environmental Litigation: PIRG v. Powell Duffryn Terminals Inc.

Date: Aug 21, 1990

Establishing Representational Standing in Environmental Litigation: PIRG v. Powell Duffryn Terminals Inc. Introduction In the landmark case of Public Interest Research Group of New Jersey, Inc. and...

Admissibility of Expert Epidemiological Testimony in Bendectin Birth Defect Litigation

Date: Aug 18, 1990

Admissibility of Expert Epidemiological Testimony in Bendectin Birth Defect Litigation Introduction The case of AMY DeLUCA, et al. v. Merrell Dow Pharmaceuticals, Inc. presents a pivotal moment in...

Third Circuit Clarifies ERISA’s 'Accrued Benefits' and Limits on Early Retirement Benefit Denials: Edgewater Steel Company v. Berger et al.

Date: Aug 16, 1990

Third Circuit Clarifies ERISA’s 'Accrued Benefits' and Limits on Early Retirement Benefit Denials: Edgewater Steel Company v. Berger et al. Introduction The case of Donald Berger, Barbara Dallas,...

Clarifying Procedural Requirements for Preliminary Injunctions: Murray v. Pittsburgh Board of Education

Date: Aug 16, 1990

Clarifying Procedural Requirements for Preliminary Injunctions: Murray v. Pittsburgh Board of Education Introduction The case of Earl Bradley and Diane Murray v. Pittsburgh Board of Education,...

Aggregated Branch Transactions and Currency Reporting Obligations: Insights from United States v. Besmajian & Amwake

Date: Aug 10, 1990

Aggregated Branch Transactions and Currency Reporting Obligations: Insights from United States v. Besmajian & Amwake Introduction In the landmark case of United States v. Arthur G. Besmajian, Jr.,...

Control of Bankruptcy Case References: Insights from In Re Edward S. Pruitt and Ida B. Pruitt

Date: Aug 10, 1990

Control of Bankruptcy Case References: Insights from In Re Edward S. Pruitt and Ida B. Pruitt Court Details Case Title: In Re Edward S. Pruitt and Ida B. Pruitt. Appeal of Landmark Savings...

Genuine Issues of Material Fact in Competitive Injury for Secondary Line Price Discrimination under the Robinson-Patman Act: Feeser v. Serv-A-Portion

Date: Aug 3, 1990

Genuine Issues of Material Fact in Competitive Injury for Secondary Line Price Discrimination under the Robinson-Patman Act: Feeser v. Serv-A-Portion Introduction In the landmark case of J.F. Feeser,...

United States v. Scarfo et al.: Affirming the Robust Application of RICO in Combating Organized Crime and Upholding Dual Sovereignty Principle

Date: Aug 2, 1990

United States v. Scarfo et al.: Affirming the Robust Application of RICO in Combating Organized Crime and Upholding Dual Sovereignty Principle Introduction The case of United States of America v....

Admissibility of Unidentified Co-Conspirator Statements and Probable Cause: Insights from United States v. Cruz

Date: Aug 1, 1990

Admissibility of Unidentified Co-Conspirator Statements and Probable Cause: Insights from United States v. Cruz Introduction United States of America v. Cruz, Jose, Appellant is a pivotal case...

Establishing Union Responsibility for Wildcat Strikes under Section 301: Third Circuit Affirms District Court's Denial of Preliminary Injunction

Date: Jul 28, 1990

Establishing Union Responsibility for Wildcat Strikes under Section 301: Third Circuit Affirms District Court's Denial of Preliminary Injunction Introduction The case of Philadelphia Marine Trade...

Third Circuit Clarifies Timeliness of Prejudgment Interest Requests under Rule 59(e): Keith v. Truckstops

Date: Jul 25, 1990

Third Circuit Clarifies Timeliness of Prejudgment Interest Requests under Rule 59(e): Keith v. Truckstops Introduction The case of Jerry Keith and Connie Keith v. Truckstops Corporation of America...

ERISA Requires Written Amendments: Midwest Fasteners Case Establishes Strict Formality in Amending Employee Benefit Plans

Date: Jul 25, 1990

ERISA Requires Written Amendments: Midwest Fasteners Case Establishes Strict Formality in Amending Employee Benefit Plans Introduction The case of Hozier et al. v. Midwest Fasteners, Inc., et al....

Third Circuit Upholds Strict Standards for Default Judgments and Sanctions in Defamation Litigation

Date: Jul 21, 1990

Third Circuit Upholds Strict Standards for Default Judgments and Sanctions in Defamation Litigation Introduction In Comdyne I, Inc. v. George T. Corbin, Jr. (908 F.2d 1142), the United States Court...

Balancing Inmate Court Access and Prison Security: Third Circuit’s Decision in Guyer v. Beard

Date: Jul 21, 1990

Balancing Inmate Court Access and Prison Security: Third Circuit’s Decision in Guyer v. Beard Introduction The case of Walter M. Guyer v. Jeffrey A. Beard (907 F.2d 1424) presents a critical...

Establishing Associational Standing under Title VII: Insights from NAACP v. Town of Harrison

Date: Jul 14, 1990

Establishing Associational Standing under Title VII: Insights from NAACP v. Town of Harrison Introduction The case Newark Branch, National Association for the Advancement of Colored People (NAACP) v....

Third Circuit Upholds Ban on Double-Celling in Overcrowded Prisons as Eighth Amendment Violation

Date: Jun 30, 1990

Third Circuit Upholds Ban on Double-Celling in Overcrowded Prisons as Eighth Amendment Violation Introduction The case of MAJOR TILLERY, VICTOR HASSINE, KENNETH DAVENPORT, WILLIAM GRANDISON, NELSON...

Enforceability of Remedy Limitations in Contracts Under the Interstate Land Sales Full Disclosure Act: Markowitz v. Northeast Land Company

Date: Jun 23, 1990

Enforceability of Remedy Limitations in Contracts Under the Interstate Land Sales Full Disclosure Act: Markowitz v. Northeast Land Company Introduction The case of Tobye R. Markowitz v. Northeast...

Determining Subject Matter Jurisdiction and Diversity in Declaratory Judgment Actions: Employers Insurance of Wausau v. Crown Cork Seal Company

Date: Jun 13, 1990

Determining Subject Matter Jurisdiction and Diversity in Declaratory Judgment Actions: Employers Insurance of Wausau v. Crown Cork Seal Company Introduction Employers Insurance of Wausau, a Mutual...

Appropriate Timing for Frivolous Dismissals under 28 U.S.C. § 1915(d): Insights from Roman v. Jeffes

Date: Jun 9, 1990

Appropriate Timing for Frivolous Dismissals under 28 U.S.C. § 1915(d): Insights from Roman v. Jeffes Introduction Roman v. Jeffes, 904 F.2d 192 (3d Cir. 1990), is a pivotal case adjudicated by the...

Expanded Authority of OSHA Administrative Subpoenas: Insights from Doel v. Trinity Industries

Date: Jun 8, 1990

Expanded Authority of OSHA Administrative Subpoenas: Insights from Doel v. Trinity Industries Introduction In the landmark case of Elizabeth Dole, Secretary of Labor, United States Department of...