3d Circuit Case Commentaries

Exhaustion of Administrative Remedies in Bivens Actions: An Analysis of Lyons v. U.S. Marshals

Date: Mar 1, 1988

Exhaustion of Administrative Remedies in Bivens Actions: An Analysis of Lyons v. U.S. Marshals Introduction Lyons v. U.S. Marshals is a significant appellate decision from the United States Court of...

Interpretation and Scope of Equitable Relief under the Petroleum Marketing Practices Act: Analysis of Florham Park Chevron Inc. v. Chevron USA Inc.

Date: Feb 26, 1988

Interpretation and Scope of Equitable Relief under the Petroleum Marketing Practices Act: Analysis of Florham Park Chevron Inc. v. Chevron USA Inc. Introduction The case of Florham Park Chevron,...

Clarifying Professional Liability Exclusions in Business Owners Insurance Policies: Harad v. Aetna Reversed

Date: Feb 24, 1988

Clarifying Professional Liability Exclusions in Business Owners Insurance Policies: Harad v. Aetna Reversed Introduction Harad, Charles A. and The Home Insurance Company v. The Aetna Casualty and...

Strict Application of Statute of Limitations in FTCA Medical Malpractice Claims: Barren v. United States

Date: Feb 24, 1988

Strict Application of Statute of Limitations in FTCA Medical Malpractice Claims: Barren v. United States Introduction Barren v. United States (839 F.2d 987, United States Court of Appeals, Third...

Enhanced Protections for Attorney-Client and Work Product Privileges in Discovery Involving Non-Party Insurers

Date: Feb 18, 1988

Enhanced Protections for Attorney-Client and Work Product Privileges in Discovery Involving Non-Party Insurers Introduction The case of United Coal Companies v. Powell Construction Company et al....

Establishing Burden of Proof in ADEA Age Discrimination Claims: Insights from SPANGLE v. VALLEY FORGE SEWER AUTHORITY

Date: Feb 13, 1988

Establishing Burden of Proof in ADEA Age Discrimination Claims: Insights from SPANGLE v. VALLEY FORGE SEWER AUTHORITY Introduction SPANGLE v. VALLEY FORGE SEWER AUTHORITY is a pivotal case...

Legal Commentary: Protection of Regulatory Actions from Tort Claims in Brownsville Golden Age Nursing Home v. Wells et al.

Date: Feb 10, 1988

Protection of Regulatory Actions from Tort Claims in Brownsville Golden Age Nursing Home, Inc. v. Wells et al. Establishing Immunity for Actions in the Public Interest Introduction The case of...

Enhancing 'Make Whole' Remedies in Race Discrimination Under Title VII: Analysis of Gunby v. Pennsylvania Electric Co.

Date: Feb 5, 1988

Enhancing 'Make Whole' Remedies in Race Discrimination Under Title VII: Analysis of Gunby v. Pennsylvania Electric Co. Introduction Gunby v. Pennsylvania Electric Co. (840 F.2d 1108, 3d Cir. 1988) is...

Requiring Proof of Knowledge in Conspiracy and Aiding and Abetting Convictions: A Commentary on United States v. Wexler

Date: Feb 2, 1988

Requiring Proof of Knowledge in Conspiracy and Aiding and Abetting Convictions: A Commentary on United States v. Wexler Introduction United States of America v. Robert Craig Wexler is a significant...

GIIC v. Commissioner: Defining Corporate Control and Responsibility in Document Discovery for Tax Litigation

Date: Jan 30, 1988

GIIC v. Commissioner: Defining Corporate Control and Responsibility in Document Discovery for Tax Litigation Introduction The case Gerling International Insurance Co. v. Commissioner of Internal...

Enhanced Pleading Standards for Section 1983 Claims Established in Colburn v. Upper Darby Township

Date: Jan 27, 1988

Enhanced Pleading Standards for Section 1983 Claims Established in Colburn v. Upper Darby Township Introduction Sue Ann Colburn, Administratrix of the Estate of Melinda Lee Stierheim, deceased, v....

Affirmation of Automatic Stay in Bankruptcy: The In re Ward Decision

Date: Jan 16, 1988

Affirmation of Automatic Stay in Bankruptcy: The In re Ward Decision Introduction The case of In re Cynthia Ward, Debtor-Appellee, appealed by Bowest Corporation, represents a pivotal decision by the...

Defining 'Claim' in Bankruptcy and Government Contracts: Comprehensive Analysis of In re Remington Rand Corporation

Date: Jan 7, 1988

Defining 'Claim' in Bankruptcy and Government Contracts: Comprehensive Analysis of In re Remington Rand Corporation Introduction The case of In re Remington Rand Corporation, Remington Rand...

Facilitated Notice and Discovery in ADEA Class Actions: Insights from Sperling v. Hoffman-La Roche, Inc.

Date: Jan 6, 1988

Facilitated Notice and Discovery in ADEA Class Actions: Insights from Sperling v. Hoffman-La Roche, Inc. Introduction In the landmark case Richard Sperling, et al. v. Hoffman-La Roche, Inc. (118...

Affirmation of Dismissal in Pennsylvania v. PepsiCo: Reinforcing the Soft Drink Interbrand Competition Act's Scope

Date: Jan 5, 1988

Affirmation of Dismissal in Pennsylvania v. PepsiCo: Reinforcing the Soft Drink Interbrand Competition Act's Scope Introduction The case of Commonwealth of Pennsylvania, ex rel. Leroy S. Zimmerman,...

Exhaustion of State Remedies in Federal Habeas Corpus Petitions: Insights from O'Halloran v. Ryan

Date: Dec 19, 1987

Exhaustion of State Remedies in Federal Habeas Corpus Petitions: Insights from O'Halloran v. Ryan Introduction The case of Francis O'Halloran v. Joseph Ryan serves as a pivotal examination of the...

Equal Protection Considerations for Attorneys' Access in Federal Prisons: Analysis of Sturm v. Clark

Date: Dec 15, 1987

Equal Protection Considerations for Attorneys' Access in Federal Prisons: Analysis of Sturm v. Clark Introduction The case of Cheryl J. Sturm v. Clark et al. addresses critical issues surrounding the...

Third Circuit Affirms Denial of Rule 11 Sanctions in Employment Termination Dispute

Date: Dec 15, 1987

Third Circuit Affirms Denial of Rule 11 Sanctions in Employment Termination Dispute Introduction The case of Albert J. Gaardino and Patricia Gaardino v. Ethyl Corporation, decided on December 14,...

Defining "Debt" under the Fair Debt Collection Practices Act: Insights from Zimmerman v. HBO Affiliate Group

Date: Dec 10, 1987

Defining "Debt" under the Fair Debt Collection Practices Act: Insights from Zimmerman v. HBO Affiliate Group Introduction The case of Zimmerman, John G., on behalf of himself and all others similarly...

Ensuring Proper Procedure: Third Circuit Reverses Default Judgment in EMCASCO v. Sambrick

Date: Nov 28, 1987

Ensuring Proper Procedure: Third Circuit Reverses Default Judgment in EMCASCO v. Sambrick Introduction The case of Emcasco Insurance Company v. Louis Sambrick is a pivotal decision articulated by the...