Limitation of the Federal Privacy Act on the Federal Tort Claims Act: O'Donnell v. United States Introduction In the landmark case Thomas J. O'Donnell, Appellant, v. United States of America (891...
Limitations of State Immunity in Federal Rights Violations: Insights from Good v. Dauphin County Social Services Introduction The case of Good, Sandra and Good, Jochebed v. Dauphin County Social...
Defining the "Ordinary Course of Business" in Preferential Transfers: Insights from Fyfe, Inc. v. Bradco Supply Corp. Introduction Fyfe, Inc. of Florida v. Bradco Supply Corporation is a pivotal case...
Enhancing Defendants' Rights in CCE Cases and Presentence Reporting: United States v. Kostrick et al. Introduction In the landmark case United States v. Kostrick et al., the United States Court of...
Expanding the Definition of "Seller" under Section 12(2) of the Securities Act: A Commentary on In Re Craftmatic Securities Litigation Introduction In the case of In Re Craftmatic Securities...
Limits on Procedural Due Process and Emotional Distress Claims in Police Employment: Clark v. Township of Falls Introduction Clark v. Township of Falls (890 F.2d 611, United States Court of Appeals,...
Deliberate Indifference Standard under 42 U.S.C. § 1983: Insights from Williams v. Borough of West Chester Introduction Williams v. Borough of West Chester, Pennsylvania (891 F.2d 458, 1989) is a...
DeLuca v. United States: Clarifying the Applicability of Habeas Corpus in Sentencing Defects Introduction UNITED STATES OF AMERICA v. DeLUCA, DOMINIC ANGELO, 889 F.2d 503 (3d Cir. 1989), is a pivotal...
Affirmation of Denial of Severance in Joint Conspiracy Trial: United States v. Thomson Introduction In United States v. David Thomson, 888 F.2d 300 (3d Cir. 1989), the United States Court of Appeals...
Establishing Burden of Proof and Admissibility of Grand Jury Testimony in Sentencing: United States v. McDowell, Jr. Introduction United States of America v. John W. McDowell, Jr., 888 F.2d 285 (3d...
Declaratory Judgment Standards in Insurance Duty to Defend Cases: Third Circuit Sets Precedent Introduction The case Terra Nova Insurance Company, Ltd. v. 900 Bar, Inc. addressed pivotal questions...
Finality of Confirmed Chapter 13 Plans: Acceptance by Timely Objection Failure Introduction The case of In Re Fred J. Szostek, Denise M. Szostek, Appellants, 886 F.2d 1405 (3d Cir. 1989), addresses a...
Affirmation of Solicitation Conviction Based on Circumstantial Evidence and Proper Sentencing Guideline Application in United States v. McNeill Introduction United States of America v. James P....
Affirming Summary Judgment in Defiant Trespass Claims Under 42 U.S.C. §1983: Probable Cause and Rule 56(f) Compliance Introduction In the case of Charles Radich and Howard Walton v. W. Wilson Goode...
Equitable Estoppel Overriding Statute of Limitations in Business Ownership Misrepresentation: Bechtel v. Robinson & Gray Introduction The case of Bechtel; Greene v. Robinson & Gray serves as a...
Enhancing Deference to Foreign Plaintiff’s Choice of Forum in Forum Non Conveniens Cases Introduction In the case of Adolf Lony, Appellant, v. E.I. Du Pont de Nemours Company, adjudicated by the...
Third Circuit Establishes Criteria for Partial In Forma Pauperis Status in Transcript Funding Requests Introduction In the landmark case Russell F. Walker v. People Express Airlines, Inc., the United...
Expanded Standing Under RICO: Shearin v. E.F. Hutton Group, Inc. Introduction The case of K. Kay Shearin v. The E.F. Hutton Group, Inc., decided by the United States Court of Appeals for the Third...
Sufficient Evidence Standards in Child Pornography Cases: Analysis of United States v. Villard Introduction The case of United States of America v. Robert David Villard, reported at 885 F.2d 117,...
Enforcement of Pre-Petition Arbitration Agreements by Bankruptcy Trustees: Hays v. Merrill Lynch Introduction The case of Hays and Company, as Trustee for Monge Oil Corporation v. Merrill Lynch,...