3d Circuit Case Commentaries

Third-Party Beneficiary and Negligence in Construction Subcontracts: Insights from Pierce Associates v. Nemours Foundation

Date: Dec 30, 1988

Third-Party Beneficiary and Negligence in Construction Subcontracts: Insights from Pierce Associates v. Nemours Foundation Introduction Pierce Associates, Inc. and Federal Insurance Co., Appellants...

Reaffirmation of Burford Abstention Doctrine in Insurance Liquidation Proceedings: Lac d'Amiante du Quebec v. American Home Assurance Co.

Date: Dec 29, 1988

Reaffirmation of Burford Abstention Doctrine in Insurance Liquidation Proceedings: Lac d'Amiante du Quebec v. American Home Assurance Co. Introduction The case of Lac d'Amiante du Quebec, Ltee v....

Keystone Insurance Co. v. Houghton: Establishing the Accrual Rule for Civil RICO Claims

Date: Dec 16, 1988

Keystone Insurance Co. v. Houghton: Establishing the Accrual Rule for Civil RICO Claims Introduction Keystone Insurance Company appealed a decision from the United States District Court for the...

Unified Statute of Limitations for Tort and Contract Claims in Personal Injury Cases: Insights from Jablonski v. Pan Am

Date: Dec 15, 1988

Unified Statute of Limitations for Tort and Contract Claims in Personal Injury Cases: Insights from Jablonski v. Pan Am Introduction The case of Allan J. Jablonski v. Pan American World Airways, Inc....

Totality of Circumstances Test for ADEA Waiver Affirmed – Cirillo v. Arco Chemical Co.

Date: Dec 2, 1988

Totality of Circumstances Test for ADEA Waiver Affirmed – Cirillo v. Arco Chemical Co. Introduction The case of Vincent A. Cirillo v. Arco Chemical Company is a pivotal judicial decision addressing...

Affirmation of Court-Authorized Notice in Opt-In ADEA Class Actions: Sperling v. Hoffmann-La Roche Inc.

Date: Dec 1, 1988

Affirmation of Court-Authorized Notice in Opt-In ADEA Class Actions: Sperling v. Hoffmann-La Roche Inc. Introduction The case of Sperling, Hemsley, and Zelauskas v. Hoffman-La Roche Inc. addresses a...

Age Discrimination: Timing of Termination as Evidence of Pretext – White v. Westinghouse Electric

Date: Nov 26, 1988

Age Discrimination: Timing of Termination as Evidence of Pretext – White v. Westinghouse Electric Introduction James R. White v. Westinghouse Electric Company is a pivotal case in the realm of...

Adequate Record Requirement for Forum Non Conveniens Motions in Products Liability Cases

Date: Nov 22, 1988

Adequate Record Requirement for Forum Non Conveniens Motions in Products Liability Cases Introduction The appellate case GRAEME MacARTHUR LACEY, APPELLANT, v. CESSNA AIRCRAFT COMPANY, A CORPORATION;...

Frankenfield v. Bowen: Reevaluation of Disability Determinations in Social Security Cases

Date: Nov 18, 1988

Frankenfield v. Bowen: Reevaluation of Disability Determinations in Social Security Cases Introduction Frankenfield v. Bowen is a pivotal case decided by the United States Court of Appeals for the...

Right to Jury Trial Under ERISA's Remedial Provisions – Cox v. Keystone Carbon Co.

Date: Nov 10, 1988

Right to Jury Trial Under ERISA's Remedial Provisions – Cox v. Keystone Carbon Co. Introduction John H. Cox, an appellant, challenged the dismissal of his claims under the Employee Retirement Income...

Constructive Discharge in Employment Discrimination: Levendos v. Stern Entertainment

Date: Nov 10, 1988

Constructive Discharge in Employment Discrimination: Levendos v. Stern Entertainment Introduction The case of Elizabeth Levendos v. Stern Entertainment, Inc. and Stern Entertainment Systems, Inc....

United States v. Frank: Upholding Interstate Flight Conviction and Clarifying Sentencing Guidelines Applicability

Date: Nov 8, 1988

United States v. Frank: Upholding Interstate Flight Conviction and Clarifying Sentencing Guidelines Applicability Introduction United States of America v. Alan Frank is a pivotal case adjudicated by...

Affirmation of Summary Judgment in Healy v. New York Life: No Pretextual Age Discrimination Found in Reduction-in-Force

Date: Nov 8, 1988

Affirmation of Summary Judgment in Healy v. New York Life: No Pretextual Age Discrimination Found in Reduction-in-Force Introduction The case of William Joseph Healy, Jr. v. New York Life Insurance...

Affirmation of Plaintiff's Burden in Excessive Force Claims Under §1983 in Edwards v. City of Philadelphia

Date: Oct 26, 1988

Affirmation of Plaintiff's Burden in Excessive Force Claims Under §1983 in Edwards v. City of Philadelphia Introduction Edwards v. City of Philadelphia and Officer Haworth is a pivotal case...

Woody v. Secretary of Health and Human Services: Establishing Standards for Mental Impairments in Disability Claims

Date: Oct 22, 1988

Woody v. Secretary of Health and Human Services: Establishing Standards for Mental Impairments in Disability Claims Introduction The case of Walter Woody v. Secretary of Health and Human Services...

RLEA v. Pittsburgh Lake Erie RR: Defining the Boundaries of Removal Jurisdiction and Preemption under the RLA and ICA

Date: Oct 15, 1988

RLEA v. Pittsburgh Lake Erie RR: Defining the Boundaries of Removal Jurisdiction and Preemption under the RLA and ICA Introduction Railway Labor Executives Association (RLEA) v. Pittsburgh Lake Erie...

Choice of Law and Issue Preclusion in Negligence Cases: Shuder v. McDonald's Corporation

Date: Oct 5, 1988

Choice of Law and Issue Preclusion in Negligence Cases: Shuder v. McDonald's Corporation Introduction Shuder v. McDonald's Corporation (859 F.2d 266) is a pivotal case adjudicated by the United...

Dawson v. United States: Establishing Remand Standards for Ineffective Assistance of Counsel

Date: Sep 22, 1988

Dawson v. United States: Establishing Remand Standards for Ineffective Assistance of Counsel Introduction In the landmark case United States v. Lonnie Dawson, 857 F.2d 923 (1988), the United States...

Exemption of CERCLA Enforcement Actions from Bankruptcy Automatic Stay: United States v. Nicolet, Inc.

Date: Sep 17, 1988

Exemption of CERCLA Enforcement Actions from Bankruptcy Automatic Stay: United States v. Nicolet, Inc. Introduction The case of United States of America v. Nicolet, Inc. and Turner and Newall, PLC...

Vincenti v. Union County: Enhanced Considerations in Rule 11 Sanctions

Date: Sep 15, 1988

Vincenti v. Union County: Enhanced Considerations in Rule 11 Sanctions Introduction The case of Vincenti v. Union County Board of Chosen Freeholders et al. (857 F.2d 191) represents a significant...