3d Circuit Case Commentaries

Preliminary Injunction Standards in Genetic Harm Claims: Analysis of Punnett v. Carter

Date: May 14, 1980

Preliminary Injunction Standards in Genetic Harm Claims: Analysis of Punnett v. Carter Introduction Punnett, Hope, and Hinkie v. Carter is a landmark case adjudicated by the United States Court of...

Reversing Summary Judgment: Establishing Limits on Res Judicata in Racial Discrimination Claims in Educational Settings

Date: May 10, 1980

Reversing Summary Judgment: Establishing Limits on Res Judicata in Racial Discrimination Claims in Educational Settings Introduction The case of Dawn L. Boykins, a Minor by Louis Boykins, Jr., Her...

RICO Violation Affirmed: UNITED STATES v. PROVENZANO, Andretta, and Andretta

Date: May 9, 1980

RICO Violation Affirmed: UNITED STATES v. PROVENZANO, Andretta, and Andretta Introduction In the landmark case United States of America v. Anthony Provenzano, Stephen Andretta, and Thomas Andretta,...

Experimental Use Exception Reinforced in Patent Law: Watts v. University of Delaware

Date: May 2, 1980

Experimental Use Exception Reinforced in Patent Law: Watts v. University of Delaware Introduction Watts v. University of Delaware, 622 F.2d 47 (3d Cir. 1980), is a pivotal case that examines the...

Due Process in Summary Judgment and Contract Modification: Bryson v. Brand Insulations

Date: May 1, 1980

Due Process in Summary Judgment and Contract Modification: Insights from Bryson v. Brand Insulations Introduction Bryson v. Brand Insulations, Inc., 621 F.2d 556 (3d Cir. 1980), is a pivotal case...

OSHA Inspection Warrants: Upholding Notice Requirements and Judicial Oversight

Date: Apr 25, 1980

OSHA Inspection Warrants: Upholding Notice Requirements and Judicial Oversight Introduction CERRO METAL PRODUCTS, DIVISION OF MARMON GROUP, INC. v. MARSHALL is a pivotal case decided by the United...

Defamation and Corporate Public Figure Status: Insights from Steaks Unlimited v. Deaner

Date: Apr 25, 1980

Defamation and Corporate Public Figure Status: Insights from Steaks Unlimited v. Deaner Introduction The case of Steaks Unlimited, Inc. v. Donna Deaner and Associated Entities presents a pivotal...

Third Circuit Establishes Waiver of Sovereign Immunity Under 28 U.S.C. §1331 in Environmental Injurie Case

Date: Apr 24, 1980

Third Circuit Establishes Waiver of Sovereign Immunity Under 28 U.S.C. §1331 in Environmental Injuries Case Introduction The case of Johnsrud et al. v. Carter et al., decided by the United States...

Recognition of Lay Opinion Testimony in Contract Damages: Teen-Ed Inc. v. Kimball International

Date: Apr 24, 1980

Recognition of Lay Opinion Testimony in Contract Damages: Teen-Ed Inc. v. Kimball International Introduction Teen-Ed, Inc., trading as New Jersey Piano and Organ Co., appealed a judgment from the...

Clarifying "Willful Violation" under the Age Discrimination in Employment Act: Insights from Wehr v. Burroughs Corporation

Date: Apr 17, 1980

Clarifying "Willful Violation" under the Age Discrimination in Employment Act: Insights from Wehr v. Burroughs Corporation Introduction Wehr v. Burroughs Corporation is a pivotal case adjudicated by...

Limits on Insurer Intervention in Wrongful Death Actions: Olden v. Hagerstown Cash Register

Date: Apr 15, 1980

Limits on Insurer Intervention in Wrongful Death Actions: Olden v. Hagerstown Cash Register Introduction Olden v. Hagerstown Cash Register is a pivotal case decided by the United States Court of...

Invalidation of Patent Under 35 U.S.C. § 102(b) and the Constraints of the "Unclean Hands" Doctrine: DeLong Corp. v. Raymond International, Inc.

Date: Apr 15, 1980

Invalidation of Patent Under 35 U.S.C. § 102(b) and the Constraints of the "Unclean Hands" Doctrine: DeLong Corp. v. Raymond International, Inc. Introduction In the case of DeLong Corporation v....

Mellon Bank v. Aetna Business Credit: Shifting Burden of Proof in Contractual Insolvency Clauses

Date: Apr 1, 1980

Mellon Bank v. Aetna Business Credit: Shifting Burden of Proof in Contractual Insolvency Clauses Introduction The case of Mellon Bank, N.A. v. Aetna Business Credit, Inc., decided on March 31, 1980,...

Reversing Disclosure Failures in ALBERT E. THOMKA v. A. Z. CHEVROLET, INC.: A New Precedent on Truth-in-Lending Act Compliance

Date: Apr 1, 1980

Reversing Disclosure Failures in ALBERT E. THOMKA v. A. Z. CHEVROLET, INC.: A New Precedent on Truth-in-Lending Act Compliance Introduction The case of Albert E. Thomka, Appellant, v. A. Z....

Establishing Liberty Interests in Prison Work Release Programs: The Third Circuit’s Decision in Winssett v. McGinnes

Date: Mar 25, 1980

Establishing Liberty Interests in Prison Work Release Programs: The Third Circuit’s Decision in Winssett v. McGinnes Introduction Thomas H. Winssett v. McGinnes et al., 617 F.2d 996 (3d Cir. 1980) is...

Discovery Rule Extended in Ohio Statutes of Limitations: McKenna v. Ortho Pharmaceutical Corporation

Date: Mar 19, 1980

Discovery Rule Extended in Ohio Statutes of Limitations: McKenna v. Ortho Pharmaceutical Corporation Introduction McKenna v. Ortho Pharmaceutical Corporation is a pivotal case decided by the United...

Private Enforcement of Environmental Regulations: Insights from Susquehanna Valley Alliance v. Three Mile Island Nuclear Reactor

Date: Mar 18, 1980

Private Enforcement of Environmental Regulations: Insights from Susquehanna Valley Alliance v. Three Mile Island Nuclear Reactor Introduction Susquehanna Valley Alliance v. Three Mile Island Nuclear...

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