3d Circuit Case Commentaries

Establishing Equitable Tolling under the Age Discrimination in Employment Act: Meyer v. Riegel Products Corporation

Date: Nov 3, 1983

Establishing Equitable Tolling under the Age Discrimination in Employment Act: Meyer v. Riegel Products Corporation Introduction In the landmark case of Meyer v. Riegel Products Corporation and James...

Expanding the Public Policy Exception in Employment-At-Will: Novosel v. Nationwide Insurance Co.

Date: Oct 27, 1983

Expanding the Public Policy Exception in Employment-At-Will: Novosel v. Nationwide Insurance Co. Introduction In John Novosel v. Nationwide Insurance Company, the United States Court of Appeals for...

Ursic v. Bethlehem Mines: Affirming ERISA Claims While Clarifying Limits on Attorney's Fee Awards

Date: Oct 20, 1983

Ursic v. Bethlehem Mines: Affirming ERISA Claims While Clarifying Limits on Attorney's Fee Awards Introduction In Ursic v. Bethlehem Mines, the United States Court of Appeals for the Third Circuit...

Defining Third-Party Beneficiary Rights in Refugee Assistance: LIEM DUC NGUYEN v. U.S. Catholic Conference

Date: Oct 13, 1983

Defining Third-Party Beneficiary Rights in Refugee Assistance: LIEM DUC NGUYEN v. U.S. Catholic Conference Introduction The case of LIEM DUC NGUYEN, MINH CONG HA, KIM CHI THI LAM, DZU THUY DO, TAN...

Implied Warranty of Merchantability and Strict Liability in Products Liability: An Analysis of Gumbs v. International Harvester

Date: Oct 1, 1983

Implied Warranty of Merchantability and Strict Liability in Products Liability: An Analysis of Gumbs v. International Harvester Introduction In Gumbs v. International Harvester, Inc., 718 F.2d 88 (3d...

Reaffirming FOIA Access Rights Over Privacy Act Exemptions: Porter v. DOJ

Date: Sep 16, 1983

Reaffirming FOIA Access Rights Over Privacy Act Exemptions: Porter v. DOJ Introduction Porter, Judith R. and Porter, Gerald J., Appellants, challenged the United States Department of Justice's (DOJ)...

Limitations on District Court Referrals to Magistrates in Bankruptcy Appeals

Date: Sep 16, 1983

Limitations on District Court Referrals to Magistrates in Bankruptcy Appeals Introduction The case In Re James M. Morrissey, Sr. T/D/B/A Energy Unlimited Frank, Lawrence G., Trustee in Bankruptcy for...

Strict Interpretation of Fed. R. Civ. P. 9(b) in Fraud Claims: Christidis v. First Pennsylvania Mortgage Trust

Date: Sep 13, 1983

Strict Interpretation of Fed. R. Civ. P. 9(b) in Fraud Claims: Christidis v. First Pennsylvania Mortgage Trust Introduction In the landmark case of Constantin Christidis, Ind. on Behalf of Himself...

Third Circuit Affirms Violation of Automatic Stay by IRS Through Intentional Setoff in Chapter 13 Bankruptcy

Date: Sep 13, 1983

Third Circuit Affirms Violation of Automatic Stay by IRS Through Intentional Setoff in Chapter 13 Bankruptcy Introduction The case of United States of America on behalf of its agency Internal Revenue...

Enhancing Disability Accommodations in Licensing: Strathie v. Department of Transportation

Date: Sep 9, 1983

Enhancing Disability Accommodations in Licensing: Strathie v. Department of Transportation 1. Introduction Strathie v. Department of Transportation is a pivotal case in the realm of disability law...

Strict Enforcement of Condition Precedent for Third-Party Beneficiaries in Contractual Obligations

Date: Sep 8, 1983

Strict Enforcement of Condition Precedent for Third-Party Beneficiaries in Contractual Obligations Introduction The case of Suburban Transfer Service, Inc. v. Beech Holdings, Inc. adjudicated by the...

Full and Fair Review under ERISA: Grossmuller v. UAW Establishes Enhanced Claims Procedure Requirements

Date: Sep 3, 1983

Full and Fair Review under ERISA: Grossmuller v. UAW Establishes Enhanced Claims Procedure Requirements Introduction Grossmuller v. International Union, United Automobile Aerospace and Agricultural...

Establishing Copyright Protection for Operating System Programs: Apple Computer, Inc. v. Franklin Computer Corp.

Date: Aug 31, 1983

Establishing Copyright Protection for Operating System Programs: Apple Computer, Inc. v. Franklin Computer Corp. 1. Introduction In the landmark case of Apple Computer, Inc. v. Franklin Computer...

Allocation of Bankruptcy Proceedings Under 11 U.S.C. § 362: In Re Comer and Comer

Date: Aug 27, 1983

Allocation of Bankruptcy Proceedings Under 11 U.S.C. § 362: In Re Comer and Comer Introduction In Re James E. Comer and Martha E. Comer, His Wife, Debtors is a pivotal case decided by the United...

Affirming State Flexibility in Prison Management: Union County Inmates v. Fauver

Date: Aug 12, 1983

Affirming State Flexibility in Prison Management: Union County Inmates v. Fauver Introduction Union County Jail Inmates v. Fauver is a landmark case adjudicated by the United States Court of Appeals...

Enhancing Judicial Scrutiny in Disability Claims: The Stewart v. Secretary of HHS Decision

Date: Aug 11, 1983

Enhancing Judicial Scrutiny in Disability Claims: The Stewart v. Secretary of HHS Decision Introduction The case of Edward Stewart v. Secretary of Health, Education and Welfare of the United States,...

Abuse of Discretion in Pretrial Disclosure of Government Witness Information: United States v. HIGGS et al.

Date: Aug 6, 1983

Abuse of Discretion in Pretrial Disclosure of Government Witness Information: United States v. HIGGS et al. Introduction In the landmark case of UNITED STATES OF AMERICA v. HIGGS et al. (713 F.2d 39,...

Allocation of Attorneys' Fees in Common Benefit Actions under LMRDA: Third Circuit’s Ruling in PAWLAK v. GREENAWALT

Date: Jul 30, 1983

Allocation of Attorneys' Fees in Common Benefit Actions under LMRDA: Third Circuit’s Ruling in PAWLAK v. GREENAWALT Introduction Pawlak, John A. and Stafford, James v. Greenawalt, Charles E., Local...

Affirmation of Independent Contractor Status under ADEA: Analysis of EEOC v. Zippo Manufacturing Co.

Date: Jul 30, 1983

Affirmation of Independent Contractor Status under ADEA: Analysis of EEOC v. Zippo Manufacturing Co. Introduction The case of Equal Employment Opportunity Commission (EEOC) v. Zippo Manufacturing...

Substantial Justification Under the EAJA: Comprehensive Analysis of DOUGHERTY v. LEHMAN

Date: Jul 1, 1983

Substantial Justification Under the Equal Access to Justice Act: Comprehensive Analysis of DOUGHERTY v. LEHMAN Introduction Gregory J. Dougherty, a midshipman at the United States Naval Academy,...

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