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  • Commentaries
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3d Circuit Case Commentaries

Reaffirming the Admissibility of Coconspirator Statements under Fed.R.Evid. 801(d)(2)(E): An Analysis of United States v. Ammar et al., 714 F.2d 238 (3d Cir. 1983)

Reaffirming the Admissibility of Coconspirator Statements under Fed.R.Evid. 801(d)(2)(E): An Analysis of United States v. Ammar et al., 714 F.2d 238 (3d Cir. 1983)

Date: Jul 1, 1983
Reaffirming the Admissibility of Coconspirator Statements under Fed.R.Evid. 801(d)(2)(E): An Analysis of United States v. Ammar et al., 714 F.2d 238 (3d Cir. 1983) Introduction The case of United...
Future Keogh Plan Payments Not Exempt Under 11 U.S.C. §522(d)(10)(E): Analysis of In Re Robert H. Clark

Future Keogh Plan Payments Not Exempt Under 11 U.S.C. §522(d)(10)(E): Analysis of In Re Robert H. Clark

Date: Jun 30, 1983
Future Keogh Plan Payments Not Exempt Under 11 U.S.C. §522(d)(10)(E): Analysis of In Re Robert H. Clark Introduction In the landmark case In Re Robert H. Clark, Debtor, decided by the United States...
Substantial Evidence and Burden of Proof in Social Security Disability Cases: Insights from Kent v. Schweiker

Substantial Evidence and Burden of Proof in Social Security Disability Cases: Insights from Kent v. Schweiker

Date: Jun 23, 1983
Substantial Evidence and Burden of Proof in Social Security Disability Cases: Insights from Kent v. Schweiker Introduction Kent v. Schweiker, 710 F.2d 110 (3d Cir. 1983), is a pivotal case in the...
Exclusionary Rule Not Applicable to Probation Revocation Proceedings: Analyzing Mollica v. United States

Exclusionary Rule Not Applicable to Probation Revocation Proceedings: Analyzing Mollica v. United States

Date: Jun 18, 1983
Exclusionary Rule Not Applicable to Probation Revocation Proceedings: Analyzing Mollica v. United States Introduction Mollica v. United States is a pivotal case adjudicated by the United States Court...
Affirming RICO Convictions in United States v. Mario Riccobene: Establishing Enterprise and Pattern of Racketeering

Affirming RICO Convictions in United States v. Mario Riccobene: Establishing Enterprise and Pattern of Racketeering

Date: May 21, 1983
Affirming RICO Convictions in United States v. Mario Riccobene: Establishing Enterprise and Pattern of Racketeering Introduction In United States of America v. Mario Riccobene, Appellant No. 82-1399...
Enhancing Appellate Review of Forum Selection Clauses in Bankruptcy Proceedings: Coastal Steel Corp. v. Tilghman Wheelabrator Ltd.

Enhancing Appellate Review of Forum Selection Clauses in Bankruptcy Proceedings: Coastal Steel Corp. v. Tilghman Wheelabrator Ltd.

Date: May 18, 1983
Enhancing Appellate Review of Forum Selection Clauses in Bankruptcy Proceedings: Coastal Steel Corp. v. Tilghman Wheelabrator Ltd. Introduction The case of Coastal Steel Corporation v. Tilghman...
Absolute Immunity for Municipal Legislators in Civil Rights Actions

Absolute Immunity for Municipal Legislators in Civil Rights Actions

Date: May 14, 1983
Absolute Immunity for Municipal Legislators in Civil Rights Actions Introduction The case of Archie W. Aitchison v. Borough of Fair Lawn et al. involves a federal lawsuit filed under the Civil Rights...
Affirmation of 180-Day Filing Deadline for Title VII Claims Absent State Agency Proceedings - Kocian v. Getty Refining Marketing Co.

Affirmation of 180-Day Filing Deadline for Title VII Claims Absent State Agency Proceedings - Kocian v. Getty Refining Marketing Co.

Date: May 13, 1983
Affirmation of 180-Day Filing Deadline for Title VII Claims Absent State Agency Proceedings - Kocian v. Getty Refining Marketing Co. Introduction The case of Kocian, Charlotte T. v. Getty Refining...
Massarsky v. General Motors: Affirmation of Age Discrimination Standards under the ADEA

Massarsky v. General Motors: Affirmation of Age Discrimination Standards under the ADEA

Date: Apr 15, 1983
Massarsky v. General Motors: Affirmation of Age Discrimination Standards under the ADEA Introduction In the landmark case Massarsky v. General Motors Corporation, the United States Court of Appeals...
Application of Grid Regulations and Substantial Evidence in Social Security Disability Claims: Olsen v. Schweiker

Application of Grid Regulations and Substantial Evidence in Social Security Disability Claims: Olsen v. Schweiker

Date: Apr 1, 1983
Application of Grid Regulations and Substantial Evidence in Social Security Disability Claims: Olsen v. Schweiker Introduction In the landmark case James E. Olsen v. Richard S. Schweiker, Secretary...
Stay Order Appealability in Title VI Civil Rights Litigation: Cheyney State College Faculty v. Hufstedler

Stay Order Appealability in Title VI Civil Rights Litigation: Cheyney State College Faculty v. Hufstedler

Date: Mar 31, 1983
Stay Order Appealability in Title VI Civil Rights Litigation: Cheyney State College Faculty v. Hufstedler Introduction The case of Cheyney State College Faculty and Others v. Hufstedler presents a...
NRDC v. EPA: Broad Interpretation of the Equal Access to Justice Act in Agency Rulemaking

NRDC v. EPA: Broad Interpretation of the Equal Access to Justice Act in Agency Rulemaking

Date: Mar 24, 1983
NRDC v. EPA: Broad Interpretation of the Equal Access to Justice Act in Agency Rulemaking Introduction The case of Natural Resources Defense Council, Inc. (NRDC) versus the U.S. Environmental...
Arbitrability of Retirement Plan Unilateral Decisions Under Collective Bargaining Agreements: RCA Corporation v. Local 241

Arbitrability of Retirement Plan Unilateral Decisions Under Collective Bargaining Agreements: RCA Corporation v. Local 241

Date: Mar 2, 1983
Arbitrability of Retirement Plan Unilateral Decisions Under Collective Bargaining Agreements: RCA Corporation v. Local 241 Introduction The case of RCA Corporation v. Local 241, International...
Setting Aside Default Judgment: Insights from Gross Kowit v. Stereo Component Systems

Setting Aside Default Judgment: Insights from Gross Kowit v. Stereo Component Systems

Date: Feb 19, 1983
Setting Aside Default Judgment: Insights from Gross Kowit v. Stereo Component Systems Introduction Gross Kowit v. Stereo Component Systems, Inc., 700 F.2d 120 (3d Cir. 1983), is a pivotal case that...
Finality of Magistrate Orders under 28 U.S.C. §1291: Insights from Siers v. Morrash

Finality of Magistrate Orders under 28 U.S.C. §1291: Insights from Siers v. Morrash

Date: Feb 17, 1983
Finality of Magistrate Orders under 28 U.S.C. §1291: Insights from Siers v. Morrash Introduction Siers v. Morrash is a pivotal case decided by the United States Court of Appeals for the Third Circuit...
Remanding Annulment Proceedings Due to Fraudulent Misrepresentation: Stridiron v. Stridiron

Remanding Annulment Proceedings Due to Fraudulent Misrepresentation: Stridiron v. Stridiron

Date: Jan 29, 1983
Remanding Annulment Proceedings Due to Fraudulent Misrepresentation: Stridiron v. Stridiron Introduction Stridiron v. Stridiron, 698 F.2d 204 (3d Cir. 1983), presents a pivotal case in the realm of...
Marroquin-Manriquez v. INS: Defining 'Well-Founded Fear' and Judicial Discretion in Asylum Cases

Marroquin-Manriquez v. INS: Defining 'Well-Founded Fear' and Judicial Discretion in Asylum Cases

Date: Jan 28, 1983
Marroquin-Manriquez v. INS: Defining 'Well-Founded Fear' and Judicial Discretion in Asylum Cases Introduction Marroquin-Manriquez v. INS is a significant case adjudicated by the United States Court...
Third Circuit Invalidates EPA's Floodplain Hookup Restrictions, Reinforcing State and Local Coastal Management Authority

Third Circuit Invalidates EPA's Floodplain Hookup Restrictions, Reinforcing State and Local Coastal Management Authority

Date: Jan 11, 1983
Third Circuit Invalidates EPA's Floodplain Hookup Restrictions, Reinforcing State and Local Coastal Management Authority Introduction In the landmark case of Cape May Greene, Inc. v. EPA, decided on...
Application of the Speedy Trial Act: 'Ends of Justice' Continuance Upheld in United States v. Brooks and Reed

Application of the Speedy Trial Act: 'Ends of Justice' Continuance Upheld in United States v. Brooks and Reed

Date: Dec 31, 1982
Application of the Speedy Trial Act: 'Ends of Justice' Continuance Upheld in United States v. Brooks and Reed Introduction The case of United States of America v. Alphonso Brooks and Charles Reed...
United States v. Baylin: Upholding Due Process by Restricting Sentencing Inferences from Non-Prosecution Plea Agreements

United States v. Baylin: Upholding Due Process by Restricting Sentencing Inferences from Non-Prosecution Plea Agreements

Date: Dec 31, 1982
United States v. Baylin: Upholding Due Process by Restricting Sentencing Inferences from Non-Prosecution Plea Agreements Introduction United States of America v. Herbert Baylin, 696 F.2d 1030 (3d...
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