3d Circuit Case Commentaries

Creditors’ Right to Deny Future Services Without Violating Bankruptcy Stay: IN RE BROWN

Date: Jun 28, 1988

Creditors’ Right to Deny Future Services Without Violating Bankruptcy Stay: IN RE BROWN Introduction In the matter of In Re Delores C. Brown, Debtor, v. Pennsylvania State Employees Credit Union, the...

Enforcement of EEOC Subpoenas and the First-Filed Rule: Insights from EEOCC v. University of Pennsylvania

Date: Jun 24, 1988

Enforcement of EEOC Subpoenas and the First-Filed Rule: Insights from EEOCC v. University of Pennsylvania Introduction The case Equal Employment Opportunity Commission v. University of Pennsylvania,...

Affirmation of Dismissal under Rule 37(b)(2) in HICKS v. FEENEY

Date: Jun 23, 1988

Affirmation of Dismissal under Rule 37(b)(2) in HICKS v. FEENEY Introduction The case of Roy Hicks v. Robert C. Feeney, decided by the United States Court of Appeals for the Third Circuit on June 22,...

Preserving the Sixth Amendment: Romano v. United States and the Right to Counsel of Choice

Date: Jun 17, 1988

Preserving the Sixth Amendment: Romano v. United States and the Right to Counsel of Choice Introduction In the landmark case of United States of America v. Lin M. Romano, 849 F.2d 812 (3d Cir. 1988),...

Clarifying State Action in Civil Rights Litigation: Insights from Robison v. Canterbury Village, Inc. (Third Circuit, 1988)

Date: Jun 4, 1988

Clarifying State Action in Civil Rights Litigation: Insights from Robison v. Canterbury Village, Inc. (Third Circuit, 1988) Introduction Robison v. Canterbury Village, Inc., decided by the United...

Estoppel and Disclosure Obligations in Bankruptcy: Oneida Motor Freight, Inc. v. United Jersey Bank

Date: Jun 1, 1988

Estoppel and Disclosure Obligations in Bankruptcy: Oneida Motor Freight, Inc. v. United Jersey Bank 1. Introduction The case of Oneida Motor Freight, Inc. v. United Jersey Bank serves as a...

Third Circuit Upholds Philadelphia's Policy of Denying Water Services Based on Pre-Existing Property Liens

Date: May 26, 1988

Third Circuit Upholds Philadelphia's Policy of Denying Water Services Based on Pre-Existing Property Liens Introduction The case of Ransom et al. v. Marrazzo et al. involves appellants challenging...

Clarifying the Necessity of Demonstrating Irreparable Harm and Bond Security Under FRCP Rule 65(c) for Preliminary Injunctions

Date: May 25, 1988

Clarifying the Necessity of Demonstrating Irreparable Harm and Bond Security Under FRCP Rule 65(c) for Preliminary Injunctions Introduction Frank's GMC Truck Center, Inc. v. General Motors...

Third Circuit Establishes Timely Filing for Rule 11 Sanctions in Mary Ann Pensiero, Inc. v. Lingle Distributing

Date: May 25, 1988

Third Circuit Establishes Timely Filing for Rule 11 Sanctions in Mary Ann Pensiero, Inc. v. Lingle Distributing Introduction Mary Ann Pensiero, Inc. d/b/a Bargain Beer and Soda v. Robert L. Lingle...

ZAMBONI v. STAMLER: Upholding First Amendment Protections for Public Employee Speech on Public Matters

Date: May 18, 1988

ZAMBONI v. STAMLER: Upholding First Amendment Protections for Public Employee Speech on Public Matters Introduction ZAMBONI v. STAMLER, 847 F.2d 73 (3d Cir. 1988), is a pivotal case addressing the...

Qualified Immunity for Investigators Under Unclear Statute of Limitations: Lee v. Mihalich and King

Date: May 18, 1988

Qualified Immunity for Investigators Under Unclear Statute of Limitations: Lee v. Mihalich and King Introduction The case of William Lee and Denver Nursing Home, Inc. v. Leonard Mihalich et al....

Substantial Evidence Standard in SSI Disability Determinations: Bowen v. Bowen

Date: May 3, 1988

Substantial Evidence Standard in SSI Disability Determinations: Bowen v. Bowen Introduction Bowen v. Bowen is a pivotal case decided by the United States Court of Appeals for the Third Circuit on May...

Third Circuit Sets Key Precedent for Class Certification in Prison Conditions Litigation

Date: Apr 30, 1988

Third Circuit Sets Key Precedent for Class Certification in Prison Conditions Litigation Introduction The case of Hassine v. Jeffes, 846 F.2d 169 (3d Cir. 1988), represents a significant development...

Rode v. Dellarciprete: Expanding Free Speech Protections for Public Employees

Date: Apr 29, 1988

Rode v. Dellarciprete: Expanding Free Speech Protections for Public Employees Introduction In the landmark case Vivian M. Rode and Jay C. Hileman v. Nicholas G. Dellarciprete, the United States Court...

Enforcing Joint and Several Arbitration Awards: Insights from Bank of America v. Hotel Rittenhouse Associates

Date: Apr 27, 1988

Enforcing Joint and Several Arbitration Awards: Insights from Bank of America v. Hotel Rittenhouse Associates Introduction The case of Bank of America National Trust and Savings Association v. Hotel...

Affirmation of Bankruptcy Court’s Discretion on Late Proof of Claim Filings in Vertientes v. Internor Trade

Date: Apr 20, 1988

Affirmation of Bankruptcy Court’s Discretion on Late Proof of Claim Filings in Vertientes v. Internor Trade Introduction The case of Vertientes, Ltd., Plaintiff-Appellee v. Internor Trade, Inc.,...

Third Circuit Confirms Absolute Immunity for Pretrial Witness Testimony in Civil Rights Actions

Date: Apr 19, 1988

Third Circuit Confirms Absolute Immunity for Pretrial Witness Testimony in Civil Rights Actions Introduction Ronald A. Williams v. David A. Hepting, et al., 844 F.2d 138 (3d Cir. 1988), presents a...

Enhanced Appellate Jurisdiction in FOIA Cases: Insights from Hinton v. DOJ and FBI

Date: Apr 15, 1988

Enhanced Appellate Jurisdiction in FOIA Cases: Insights from Hinton v. DOJ and FBI Introduction The case of William H. Hinton v. The Department of Justice and the Federal Bureau of Investigation, 844...

Enforcement of Pre-Hire Agreements under §8(f) of the NLRA: Insights from International Association of Bridge, Structural and Ornamental Iron Workers, Local 3 v. National Labor Relations Board

Date: Apr 13, 1988

Enforcement of Pre-Hire Agreements under §8(f) of the NLRA: Insights from International Association of Bridge, Structural and Ornamental Iron Workers, Local 3 v. National Labor Relations Board...

Establishing Uniform Federal Limitations Period for Securities Fraud under Section 10(b) and Rule 10b-5: Data Access Systems Case Commentary

Date: Apr 9, 1988

Establishing Uniform Federal Limitations Period for Securities Fraud under Section 10(b) and Rule 10b-5: Data Access Systems Case Commentary Introduction The case titled Data Access Systems...