3d Circuit Case Commentaries

Inmates' Right to Elective Abortion Unencumbered by Court-Ordered Release: Monmouth County v. Lanzaro

Date: Nov 26, 1987

Inmates' Right to Elective Abortion Unencumbered by Court-Ordered Release: Monmouth County v. Lanzaro Introduction The case of Monmouth County Correctional Institution Inmates v. Lanzaro evaluated...

Marxe v. AT&T: Clarifying the Requirement of Irreparable Harm for Title VII Retaliation Injunctions

Date: Nov 25, 1987

Marxe v. AT&T: Clarifying the Requirement of Irreparable Harm for Title VII Retaliation Injunctions Introduction Francine Marxe v. C.W. Jackson, C.E. Yates, and AT&T Communications, Inc. is a pivotal...

Expert Testimony Requirement for Pretrial Detainees' §1983 Claims Affirmed in Inmates of Allegheny County Jail v. Kozakiewicz

Date: Nov 17, 1987

Expert Testimony Requirement for Pretrial Detainees' §1983 Claims Affirmed in Inmates of Allegheny County Jail v. Kozakiewicz Introduction In the case of Inmates of Allegheny County Jail v....

Unanimity in Jury Verdicts: The United States v. James Beros Analysis

Date: Nov 11, 1987

Unanimity in Jury Verdicts: The United States v. James Beros Analysis Introduction The United States v. James Beros, Titus McCue A/K/A Tim McCune, 833 F.2d 455 (3d Cir. 1987), presents a pivotal...

IADA Non-Retroactivity Affirmed in Habeas Corpus Context: Charles Diggs v. Owens and Daughn

Date: Nov 7, 1987

IADA Non-Retroactivity Affirmed in Habeas Corpus Context: Charles Diggs v. Owens and Daughn Introduction In the appellate case of Charles Diggs v. David Owens, Superintendent and John Daughn, Warden,...

Establishing a Pattern of Racketeering Activity under RICO: Barticheck v. Fidelity Union Bank

Date: Oct 30, 1987

Establishing a Pattern of Racketeering Activity under RICO: Barticheck v. Fidelity Union Bank Introduction Barticheck et al. v. Fidelity Union Bank/First National State et al. is a pivotal case...

U.S. Court of Appeals, Third Circuit Establishes Strict Adherence to Contractual Terms in Government Reimbursement Claims

Date: Oct 23, 1987

U.S. Court of Appeals, Third Circuit Establishes Strict Adherence to Contractual Terms in Government Reimbursement Claims Introduction The case of In the Matter of Penn Central Transportation...

Compilation Theory Affirmed in FOIA Exemption: AFSC v. DoD

Date: Oct 20, 1987

Compilation Theory Affirmed in FOIA Exemption: AFSC v. Department of Defense Introduction The case American Friends Service Committee (AFSC) v. Department of Defense (DoD), decided by the United...

Affirmation of Core Proceedings and Application of Clearly Erroneous Standard in Bankruptcy Litigation: Southeastern Sprinkler Co. v. Meyertech Corp.

Date: Oct 15, 1987

Affirmation of Core Proceedings and Application of Clearly Erroneous Standard in Bankruptcy Litigation: Southeastern Sprinkler Co. v. Meyertech Corp. Introduction Southeastern Sprinkler Company, Inc....

Arbitration as Mandatory Dispute Resolution Under the Multiemployer Pension Plan Amendments Act: Insights from Flying Tiger Line, Inc. v. Teamsters Pension Trust Fund

Date: Oct 1, 1987

Arbitration as Mandatory Dispute Resolution Under the Multiemployer Pension Plan Amendments Act: Insights from Flying Tiger Line, Inc. v. Teamsters Pension Trust Fund Introduction The case of The...

Defining the Scope of Administrative Agency Review: Chrupcala v. Heckler

Date: Sep 29, 1987

Defining the Scope of Administrative Agency Review: Chrupcala v. Heckler Introduction Chrupcala v. Heckler, 829 F.2d 1269 (3d Cir. 1987), is a pivotal case in administrative law that clarifies the...

Affirmation of Summary Judgment in Dr. Hankins v. Temple University: Reinforcing Standards in Employment Discrimination and Due Process Claims

Date: Sep 24, 1987

Affirmation of Summary Judgment in Dr. Hankins v. Temple University: Reinforcing Standards in Employment Discrimination and Due Process Claims Introduction The case of Hankins v. Temple University,...

Jury Trial Waiver and Non-Assumption of Pension Obligations: Insights from United Steelworkers v. NJ Zinc

Date: Sep 15, 1987

Jury Trial Waiver and Non-Assumption of Pension Obligations: Insights from United Steelworkers v. NJ Zinc Introduction The case of United Steelworkers of America, AFL-CIO, Appellant, v. New Jersey...

Hershey Foods Corp v. Ralph Chapek Inc.: Reinforcing the Parol Evidence Rule in Integrated Contracts

Date: Sep 12, 1987

Hershey Foods Corp v. Ralph Chapek Inc.: Reinforcing the Parol Evidence Rule in Integrated Contracts Introduction The case of Hershey Foods Corporation v. Ralph Chapek, Inc. (828 F.2d 989, 3rd Cir....

Front Pay for Lost Pension Benefits Recognized under ADEA: Analysis of Blum v. Witco Chemical Corp.

Date: Sep 3, 1987

Front Pay for Lost Pension Benefits Recognized under ADEA: Analysis of Blum v. Witco Chemical Corp. Introduction The legal landscape of age discrimination in employment underwent a significant...

Affirmation of Denial of Defendant's Pretrial Motions in U.S. v. Ismaili: Implications for Foreign Witness Depositions Under Rule 15(a)

Date: Sep 3, 1987

Affirmation of Denial of Defendant's Pretrial Motions in U.S. v. Ismaili: Implications for Foreign Witness Depositions Under Rule 15(a) Introduction In the case of United States of America v....

Firestone Tire Rubber Co. Case: Redefining Judicial Review and Participant Standing under ERISA

Date: Sep 1, 1987

Firestone Tire Rubber Co. Case: Redefining Judicial Review and Participant Standing under ERISA Introduction The case of Richard Bruch et al. v. Firestone Tire and Rubber Company (828 F.2d 134, 3rd...

Rocco v. Heckler: Reevaluating Disability Determinations Under the Social Security Act

Date: Sep 1, 1987

Rocco v. Heckler: Reevaluating Disability Determinations Under the Social Security Act Introduction Rocco v. Heckler is a landmark case decided by the United States Court of Appeals for the Third...

Excusable Neglect in Appeal Extensions: Consolidated Freightways Corp. v. Larson Establishes Flexible Interpretation of Rule 4(a)(5)

Date: Aug 29, 1987

Excusable Neglect in Appeal Extensions: Consolidated Freightways Corp. v. Larson Establishes Flexible Interpretation of Rule 4(a)(5) Introduction Consolidated Freightways Corporation of Delaware v....

Government Estoppel in Tax Liability Collection: United States v. Asmar

Date: Aug 28, 1987

Government Estoppel in Tax Liability Collection: United States v. Asmar 1. Introduction United States of America v. Robert Asmar and Kathleen Asmar, 827 F.2d 907, decided on August 27, 1987, by the...