3d Circuit Case Commentaries

Defining Defectiveness in Product Liability: Josephs v. Harris Corporation

Date: May 14, 1982

Defining Defectiveness in Product Liability: Josephs v. Harris Corporation Introduction The case of Howard Jay Josephs v. Harris Corporation, decided by the United States Court of Appeals for the...

Limiting Dismissal with Prejudice: Upholding Plaintiff's Right despite Failure to Promptly Secure Local Counsel

Date: May 4, 1982

Limiting Dismissal with Prejudice: Upholding Plaintiff's Right despite Failure to Promptly Secure Local Counsel Introduction The case of Edmund J. Donnelly v. Johns-Manville Sales Corporation et al....

Extending Protective Order Liability: Quinter v. Volkswagen Establishes Accountability for Non-Parties

Date: Apr 20, 1982

Expanding Protective Order Liability: Quinter v. Volkswagen Establishes Accountability for Non-Parties Introduction Quinter v. Volkswagen of America, Volkswagen of Atlantic, Inc., Volkswagenwerk, A....

Fireman's Insurance Co. v. DuFresne: Arbitration Mandate Clarified

Date: Apr 16, 1982

Fireman's Insurance Co. v. DuFresne: Arbitration Mandate Clarified Disclaimer: This commentary is intended for informational purposes only and does not constitute legal advice. For legal assistance,...

Tucker v. United States Postal Service: Clarifying Administrative Claim Requirements under FTCA

Date: Apr 13, 1982

Tucker v. United States Postal Service: Clarifying Administrative Claim Requirements under FTCA Introduction The case of Mary E. Tucker v. United States Postal Service (676 F.2d 954) presents a...

Validation of HHS Medical-Vocational Regulations in Disability Determinations

Date: Apr 9, 1982

Validation of HHS Medical-Vocational Regulations in Disability Determinations Introduction The case of Catherine Santise et al. v. Richard S. Schweiker, Secretary of Health and Human Services...

Summary Judgment Vacated in Union Discrimination Case Over Apprenticeship Admissions

Date: Apr 9, 1982

Summary Judgment Vacated in Union Discrimination Case Over Apprenticeship Admissions Introduction In the landmark case of Archie Peterson and Robert Doster v. The Lehigh Valley District Council, the...

Establishing First Amendment Access Rights to Pretrial Criminal Proceedings: PN v. Criden et al.

Date: Mar 27, 1982

Establishing First Amendment Access Rights to Pretrial Criminal Proceedings: Philadelphia Newspapers, Inc. v. Howard L. Criden et al. Introduction In the landmark case United States of America v....

Determining Occurrence Timing under Occurrence-Based Umbrella Insurance Policies: Appalachian Ins. Co. v. Liberty Mutual Ins. Co.

Date: Mar 25, 1982

Determining Occurrence Timing under Occurrence-Based Umbrella Insurance Policies Introduction Appalachian Insurance Company v. Liberty Mutual Insurance Company is a pivotal case adjudicated by the...

Clarifying Jurisdiction: Minor Disputes under the Railway Labor Act in IAM v. Northwest Airlines

Date: Mar 17, 1982

Clarifying Jurisdiction: Minor Disputes under the Railway Labor Act in IAM v. Northwest Airlines Introduction The case of International Association of Machinists Aerospace Workers, Appellee, v....

Third Circuit Reverses Dismissal of Shareholder Derivative Suit Under Rule 23.1: Lewis v. Hammermill Paper Company

Date: Mar 4, 1982

Third Circuit Reverses Dismissal of Shareholder Derivative Suit Under Rule 23.1: Lewis v. Hammermill Paper Company Introduction In the landmark case of Lewis v. Hammermill Paper Company, the United...

Effective Waiver of Counsel Under the Sixth Amendment: Insights from UNITED STATES v. WELTY

Date: Mar 3, 1982

Effective Waiver of Counsel Under the Sixth Amendment: Insights from UNITED STATES v. WELTY Introduction UNITED STATES v. WELTY, John Jacob, Appellant, 674 F.2d 185 (3d Cir. 1982), addresses a...

Limitations on Legislative Intervention in Clean Air Act Enforcement: Delaware Valley Citizens' Council v. Commonwealth of Pennsylvania

Date: Mar 2, 1982

Limitations on Legislative Intervention in Clean Air Act Enforcement: Delaware Valley Citizens' Council v. Commonwealth of Pennsylvania Introduction In the landmark case of Delaware Valley Citizens'...

Balancing Probative Value and Prejudicial Effect in Admitting Prior Convictions: Insights from Government v. Bedford

Date: Feb 24, 1982

Balancing Probative Value and Prejudicial Effect in Admitting Prior Convictions: Insights from Government of the Virgin Islands v. Bedford Introduction Government of the Virgin Islands v. Bedford,...

Establishing Broad Hobbs Act Jurisdiction and Upholding Jury's Role in Entrapment Defense in United States v. Jannotti and Schwartz

Date: Feb 12, 1982

Establishing Broad Hobbs Act Jurisdiction and Upholding Jury's Role in Entrapment Defense in United States v. Jannotti and Schwartz Introduction The case of United States of America v. Jannotti,...

Heritage Farms v. Solebury Township: Clarifying the Boundaries of Federal Court Abstention in Cases of Alleged Governmental Malfeasance

Date: Feb 11, 1982

Heritage Farms v. Solebury Township: Clarifying the Boundaries of Federal Court Abstention in Cases of Alleged Governmental Malfeasance Introduction The case of Heritage Farms, Inc., Heritage Farm...

Federal Privilege Rules Override State Accountant-Client Privilege in Subpoena Enforcement: Thompson v. General Nutrition

Date: Feb 9, 1982

Federal Privilege Rules Override State Accountant-Client Privilege in Subpoena Enforcement: Thompson v. General Nutrition Introduction WM. T. THOMPSON CO. v. GENERAL NUTRITION CORP., INC. is a...

Establishing Absolute Immunity for Public Defenders under 42 U.S.C. §1983: Insights from Black v. Bayer and Related Cases

Date: Feb 9, 1982

Establishing Absolute Immunity for Public Defenders under 42 U.S.C. §1983: Insights from Black v. Bayer and Related Cases Introduction The case of Black v. Bayer, alongside related appeals Bartee v....

Bowman v. Wilson: Affirming Military Jurisdiction Over Concurrent Civil Custody Claims

Date: Feb 9, 1982

Bowman v. Wilson: Affirming Military Jurisdiction Over Concurrent Civil Custody Claims Introduction Bowman v. Wilson, 672 F.2d 1145 (3d Cir. 1982), is a pivotal case addressing the intersection of...

Kershner v. Mazurkiewicz: Establishing Limits on Appellate Jurisdiction for Class Certification

Date: Feb 2, 1982

Kershner v. Mazurkiewicz: Establishing Limits on Appellate Jurisdiction for Class Certification Introduction The case of Kershner, Royce, Ryan, Bernard, on Their Own Behalf and on Behalf of Others...

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