3d Circuit Case Commentaries

Landano v. Rafferty: Upholding State Court Credibility Findings in Habeas Corpus Applications

Date: Sep 10, 1988

Landano v. Rafferty: Upholding State Court Credibility Findings in Habeas Corpus Applications Introduction The case of Vincent James Landano versus John J. Rafferty, Superintendent of Rahway State...

Ripeness Determination in First Amendment Challenges to State Attorney Advertising Regulations

Date: Sep 1, 1988

Ripeness Determination in First Amendment Challenges to State Attorney Advertising Regulations Introduction The case of Felmeister v. Office of Attorney Ethics presents a significant examination of...

Clarification of Rule 11 Sanctions and Appeal Procedures in Napier v. Appellees

Date: Sep 1, 1988

Clarification of Rule 11 Sanctions and Appeal Procedures in Napier v. Appellees Introduction Napier v. Appellees is a significant appellate decision from the United States Court of Appeals for the...

Third Circuit Establishes Limits on Opt-In Class Actions under ADEA in LUSARDI v. XEROX CORP.

Date: Sep 1, 1988

Third Circuit Establishes Limits on Opt-In Class Actions under ADEA in LUSARDI v. XEROX CORP. Introduction In LUSARDI v. XEROX CORP., the United States Court of Appeals for the Third Circuit...

Validating Waivers and Amending Complaints under the Age Discrimination in Employment Act: Insights from Coventry v. United States Steel Corporation

Date: Aug 27, 1988

Validating Waivers and Amending Complaints under the Age Discrimination in Employment Act: Insights from Coventry v. United States Steel Corporation Introduction Coventry v. United States Steel...

Affirmation of Probable Cause in Civil Rights Actions: Dowling v. City of Philadelphia

Date: Aug 27, 1988

Affirmation of Probable Cause in Civil Rights Actions: Dowling v. City of Philadelphia Introduction The case of Patricia Dowling v. City of Philadelphia et al. (855 F.2d 136) presents a critical...

NANAVATI v. BURDETTE TOMLIN MEMORIAL HOSPital: Defamation, Pendent Jurisdiction, and Antitrust Implications in Medical Workplace Conflicts

Date: Aug 25, 1988

NANAVATI v. BURDETTE TOMLIN MEMORIAL HOSPital: Defamation, Pendent Jurisdiction, and Antitrust Implications in Medical Workplace Conflicts Introduction NANAVATI v. BURDETTE TOMLIN MEMORIAL HOSPital...

Peterkin v. Jeffes: Upholding Eighth Amendment Confinement Standards and Enhancing Legal Access for Death Row Prisoners

Date: Aug 24, 1988

Peterkin v. Jeffes: Upholding Eighth Amendment Confinement Standards and Enhancing Legal Access for Death Row Prisoners Introduction Peterkin, Otis H. et al. v. Jeffes, Glenn et al. is a seminal case...

Freedman v. City of Allentown: Establishing Standards for §1983 Claims in Jailhouse Suicides

Date: Aug 11, 1988

Freedman v. City of Allentown: Establishing Standards for §1983 Claims in Jailhouse Suicides Introduction Freedman v. City of Allentown is a pivotal case decided by the United States Court of Appeals...

Enforceability of Mutual Releases in Franchise Agreements: Erie Telecommunications, Inc. v. City of Erie

Date: Jul 29, 1988

Enforceability of Mutual Releases in Franchise Agreements: Erie Telecommunications, Inc. v. City of Erie Introduction The case of Erie Telecommunications, Inc., Appellant, v. City of Erie,...

Polk v. Central Susquehanna Intermediate Unit 16: Reinforcing the "Meaningful Benefit" Standard in Free Appropriate Public Education

Date: Jul 27, 1988

Polk v. Central Susquehanna Intermediate Unit 16: Reinforcing the "Meaningful Benefit" Standard in Free Appropriate Public Education Introduction Polk v. Central Susquehanna Intermediate Unit 16 is a...

Jury Supremacy and Collateral Estoppel in Racial Discrimination Claims: Analysis of Roebuck v. Drexel University

Date: Jul 27, 1988

Jury Supremacy and Collateral Estoppel in Racial Discrimination Claims: Analysis of Roebuck v. Drexel University Introduction In the seminal case of Roebuck v. Drexel University, decided by the...

Strict Jurisdictional Timelines in Rule 59(e) Motions for Pro Se Prisoners: Smith v. Evans

Date: Jul 22, 1988

Strict Jurisdictional Timelines in Rule 59(e) Motions for Pro Se Prisoners: Smith v. Evans Introduction Case: Meral Smith, Appellant, v. Melvin H. Evans, et al., Appellees. Court: United States Court...

Affirmation of Summary Judgment in Martin v. Merrell Dow: Establishing the Critical Period Doctrine in Teratology Cases

Date: Jul 21, 1988

Affirmation of Summary Judgment in Martin v. Merrell Dow: Establishing the Critical Period Doctrine in Teratology Cases Introduction Martin v. Merrell Dow Pharmaceuticals, Inc. is a pivotal case in...

Lifting the Automatic Stay in Government Defense Contracts: West Electronics Inc. v. USAF

Date: Jul 20, 1988

Lifting the Automatic Stay in Government Defense Contracts: West Electronics Inc. v. USAF Introduction West Electronics Inc. v. United States Air Force (852 F.2d 79) is a pivotal case decided by the...

Balancing Public Access and Confidentiality: Insights from Littlejohn v. BIC Corporation

Date: Jul 7, 1988

Balancing Public Access and Confidentiality: Insights from Littlejohn v. BIC Corporation Introduction The case of Cynthia S. Littlejohn v. BIC Corporation, decided by the United States Court of...

Rejection of Caveat Emptor and Affirmation of Successor Liability under CERCLA: Smith Land Improvement Corp. v. Celotex Corp. (1988)

Date: Jul 1, 1988

Rejection of Caveat Emptor and Affirmation of Successor Liability under CERCLA: Smith Land Improvement Corp. v. Celotex Corp. (1988) Introduction Smith Land Improvement Corporation appealed two...

Establishing Federal Common Law Action for Unjust Enrichment under ERISA: Airco Industrial Gases, Inc. v. Teamsters Health and Welfare Pension Fund

Date: Jul 1, 1988

Establishing Federal Common Law Action for Unjust Enrichment under ERISA Airco Industrial Gases, Inc. v. Teamsters Health and Welfare Pension Fund of Philadelphia and Vicinity Introduction In the...

Affirmation of Anonymous Jury Selection and Limited Admissibility of Prior Crimes in Organized Crime Proceedings: United States v. Scarfo

Date: Jun 30, 1988

Affirmation of Anonymous Jury Selection and Limited Admissibility of Prior Crimes in Organized Crime Proceedings: United States v. Scarfo Introduction United States of America v. Nicodemo Scarfo (850...

CERCLA Limits on Private Recovery Affirmed in Artesian Water Company v. The Government of New Castle County

Date: Jun 30, 1988

CERCLA Limits on Private Recovery Affirmed in Artesian Water Company v. The Government of New Castle County Introduction Artesian Water Company v. The Government of New Castle County, 851 F.2d 643...