3d Circuit Case Commentaries

Affirming the Limits of Taxpayer Standing: Rocks v. City of Philadelphia

Date: Mar 2, 1989

Affirming the Limits of Taxpayer Standing: Rocks v. City of Philadelphia Introduction Rocks, Salvatore, Wogan, Krajewski, and Kelly v. City of Philadelphia is a pivotal case decided by the United...

Responsibility and Willfulness under IRC §6672: Insights from United States v. Vespe

Date: Mar 1, 1989

Responsibility and Willfulness under IRC §6672: Insights from United States v. Vespe Introduction United States v. Vespe, 868 F.2d 1328 (3d Cir. 1989), is a pivotal case that delves into the...

ERISA Preemption and Participant Status: Insights from Joseph Pane v. RCA Corporation

Date: Mar 1, 1989

ERISA Preemption and Participant Status: Insights from Joseph Pane v. RCA Corporation Introduction Joseph Pane v. RCA Corporation, 868 F.2d 631 (3d Cir. 1989), presents a pivotal case in the...

Exhaustion of State Remedies in Federal Habeas Corpus: Insights from Ross v. Petchock

Date: Mar 1, 1989

Exhaustion of State Remedies in Federal Habeas Corpus: Insights from Ross v. Petchock Introduction Ross v. Petchock, 868 F.2d 639 (3d Cir. 1989), is a pivotal case that delves into the procedural...

Defining Damages in Franchise Breach Contracts: Key Takeaways from Kutner Buick v. American Motors

Date: Feb 25, 1989

Defining Damages in Franchise Breach Contracts: Key Takeaways from Kutner Buick v. American Motors Introduction Kutner Buick, Inc. v. American Motors Corporation (AMC) is a landmark case adjudicated...

Qualified Immunity for Law Enforcement Officers Relying on Police Bulletins: Capone v. Marinelli

Date: Feb 24, 1989

Qualified Immunity for Law Enforcement Officers Relying on Police Bulletins: Capone v. Marinelli Introduction Capone, Umberto v. Marinelli is a pivotal case decided by the United States Court of...

Fowle v. C C Cola: Reinforcing the Burden-Shifting Framework in ADEA Claims

Date: Feb 17, 1989

Fowle v. C C Cola: Reinforcing the Burden-Shifting Framework in ADEA Claims Introduction The case of Wilson F. Fowle v. C C Cola, a division of ITT-Continental Baking Company and ITT Corporation,...

Preliminary Injunction Denied in Fair Share Fee Collection Case: Hohe v. Casey

Date: Feb 17, 1989

Preliminary Injunction Denied in Fair Share Fee Collection Case: Hohe v. Casey Introduction The case of Hohe, Mary A.; Cassle, Timothy L.; Clover, Joseph F., III; Clover, Vickie M.; Ebersole, Steven...

Extension of FDCPA to Attorney Debt Collectors: Mary Crossley v. Arnold R. Lieberman

Date: Feb 17, 1989

Extension of FDCPA to Attorney Debt Collectors: Mary Crossley v. Arnold R. Lieberman Introduction The case of Mary Crossley v. Arnold R. Lieberman (868 F.2d 566), adjudicated by the United States...

Affirmation of Arbitration Awards Under 9 U.S.C. § 9: A Comprehensive Analysis of Mutual Fire v. Norad Reinsurance

Date: Feb 16, 1989

Affirmation of Arbitration Awards Under 9 U.S.C. § 9: A Comprehensive Analysis of Mutual Fire, Marine Inland Insurance Company v. Norad Reinsurance Company, Ltd. Introduction The case of Mutual Fire,...

Establishing Municipal Liability for Police Excessive Force: Insights from Fletcher v. O'Donnell and City of Allentown

Date: Feb 10, 1989

Establishing Municipal Liability for Police Excessive Force: Insights from Fletcher v. O'Donnell and City of Allentown Introduction Fletcher v. O'Donnell and City of Allentown is a significant case...

No Property or Liberty Interest in Federal Prison Work Assignments: Third Circuit Affirms BOP Regulations

Date: Jan 31, 1989

No Property or Liberty Interest in Federal Prison Work Assignments: Third Circuit Affirms BOP Regulations Introduction The case James v. Quinlan (866 F.2d 627) addresses significant questions...

Third Circuit Upholds Federal Jurisdiction for General §1983 Challenges to State Procedural Rules: Centifanti v. Nix

Date: Jan 21, 1989

Third Circuit Upholds Federal Jurisdiction for General §1983 Challenges to State Procedural Rules: Centifanti v. Nix Introduction J. Benedict Centifanti, an attorney suspended from practicing law in...

United States v. Theodoropoulos: Clarifying the Scope of Firearm "Use" in Drug Trafficking Contexts

Date: Jan 18, 1989

United States v. Theodoropoulos: Clarifying the Scope of Firearm "Use" in Drug Trafficking Contexts Introduction United States of America v. Athanasios Theodoropoulos, 866 F.2d 587 (3d Cir. 1989), is...

Reaffirming Affirmative Defense Standards under the Equal Pay Act: E.E.O.C. v. Delaware Dept. of Health and Social Services

Date: Jan 14, 1989

Reaffirming Affirmative Defense Standards under the Equal Pay Act E.E.O.C. v. Delaware Dept. of Health and Social Services, 865 F.2d 1408 (3d Cir. 1989) Introduction The case of Equal Employment...

Expanding Consumer Protection: Enforcement of UDAP and Act 6 in Residential Foreclosure Procedures – In re Johnnie Mae Smith

Date: Jan 13, 1989

Expanding Consumer Protection: Enforcement of UDAP and Act 6 in Residential Foreclosure Procedures – In re Johnnie Mae Smith Introduction The case of In re Johnnie Mae Smith, 866 F.2d 576 (3d Cir....

Alter Ego Liability in Involuntary Bankruptcy: B.D.W. Associates, Inc. v. Busy Beaver Building Centers, Inc.

Date: Jan 12, 1989

Alter Ego Liability in Involuntary Bankruptcy: B.D.W. Associates, Inc. v. Busy Beaver Building Centers, Inc. Introduction B.D.W. Associates, Inc., Debtor, v. Busy Beaver Building Centers, Inc.,...

Ineffective Assistance of Counsel in Batson Challenges: Insights from Government of the Virgin Islands v. Forte

Date: Jan 7, 1989

Ineffective Assistance of Counsel in Batson Challenges: Insights from Government of the Virgin Islands v. Forte Introduction Government of the Virgin Islands v. Forte, Frederick, 865 F.2d 59 (3d Cir....

Reaffirmation of Standards for Conflict of Interest Under the Sixth Amendment: United States v. Gambino

Date: Dec 31, 1988

Reaffirmation of Standards for Conflict of Interest Under the Sixth Amendment: United States v. Gambino Introduction In the landmark case of United States v. Gambino, Rosario, 864 F.2d 1064 (3d Cir....

Retroactive Application of McNally in Mail Fraud Convictions

Date: Dec 30, 1988

Retroactive Application of McNally in Mail Fraud Convictions Introduction In United States of America v. Maurice S. Osser (864 F.2d 1056), the Third Circuit Court of Appeals addressed the retroactive...