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  • Commentaries
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3d Circuit Case Commentaries

Establishing Mootness and Attorney's Fees under 42 U.S.C. § 1983: Insights from Bagby v. Beal

Establishing Mootness and Attorney's Fees under 42 U.S.C. § 1983: Insights from Bagby v. Beal

Date: Oct 6, 1979
Establishing Mootness and Attorney's Fees under 42 U.S.C. § 1983: Insights from Bagby v. Beal Introduction The case of Elizabeth V. Bagby v. Frank S. Beal, et al., 606 F.2d 411 (3d Cir. 1979), serves...
Dobrowolsky v. Secretary of HEW: Redefining Disability Determinations under 42 U.S.C. § 423(d)

Dobrowolsky v. Secretary of HEW: Redefining Disability Determinations under 42 U.S.C. § 423(d)

Date: Oct 4, 1979
Dobrowolsky v. Secretary of HEW: Redefining Disability Determinations under 42 U.S.C. § 423(d) Introduction The case of George Dobrowolsky v. Joseph A. Califano, Jr., Secretary of Health, Education,...
Defining 'Conviction' for Parole Violations: Insights from Patton v. Fenton

Defining 'Conviction' for Parole Violations: Insights from Patton v. Fenton

Date: Sep 15, 1979
Defining 'Conviction' for Parole Violations: Insights from Patton v. Fenton Introduction The case of J. Kenneth Patton v. Charles E. Fenton, Warden, U.S. Parole Commission (491 F. Supp. 156)...
Affirmation of Federal Question Jurisdiction in Healthcare Contract Dispute

Affirmation of Federal Question Jurisdiction in Healthcare Contract Dispute

Date: Sep 11, 1979
Affirmation of Federal Question Jurisdiction in Healthcare Contract Dispute: Westmoreland Hospital Association v. Blue Cross of Western Pennsylvania Introduction The case of Westmoreland Hospital...
Mandamus as a Remedy for Lack of Jurisdiction in Securities Regulation: First Jersey Securities, Inc. v. NASD

Mandamus as a Remedy for Lack of Jurisdiction in Securities Regulation: First Jersey Securities, Inc. v. NASD

Date: Aug 30, 1979
Mandamus as a Remedy for Lack of Jurisdiction in Securities Regulation: First Jersey Securities, Inc. v. NASD Introduction The case of First Jersey Securities, Inc. v. National Association of...
Defendant's Burden in Bail Pending Appeal: Insights from United States v. Provenzano & Andretta

Defendant's Burden in Bail Pending Appeal: Insights from United States v. Provenzano & Andretta

Date: Aug 22, 1979
Defendant's Burden in Bail Pending Appeal: Insights from United States v. Provenzano & Andretta Introduction The case of United States of America v. Anthony Provenzano and Thomas Andretta, decided by...
Enhanced Judicial Standards for IRS Subpoenas and Grand Jury Conduct in United States v. Serubo

Enhanced Judicial Standards for IRS Subpoenas and Grand Jury Conduct in United States v. Serubo

Date: Aug 21, 1979
Enhanced Judicial Standards for IRS Subpoenas and Grand Jury Conduct in United States v. Serubo Introduction United States of America v. Peter J. Serubo, Donald H. Brown, and W. Thomas Plachter, Jr....
Alter Ego Theory and Corporate Liability in Diversity Jurisdiction: Insights from Publicker Industries v. Roman Ceramics

Alter Ego Theory and Corporate Liability in Diversity Jurisdiction: Insights from Publicker Industries v. Roman Ceramics

Date: Aug 9, 1979
Alter Ego Theory and Corporate Liability in Diversity Jurisdiction: Insights from Publicker Industries v. Roman Ceramics Introduction The case Publicker Industries, Inc. and Continental Distilling...
Restrictive Interpretation of Aggravated Kidnapping Statute: Government of the Virgin Islands v. Berry and Brignoni

Restrictive Interpretation of Aggravated Kidnapping Statute: Government of the Virgin Islands v. Berry and Brignoni

Date: Aug 8, 1979
Restrictive Interpretation of Aggravated Kidnapping Statute: Government of the Virgin Islands v. Berry and Brignoni Introduction Government of the Virgin Islands v. Warren P. Berry and Guillermo...
Reaffirmation of Collateral Estoppel in Bankruptcy Dischargeability: MGM v. Ross

Reaffirmation of Collateral Estoppel in Bankruptcy Dischargeability: MGM v. Ross

Date: Jul 27, 1979
Reaffirmation of Collateral Estoppel in Bankruptcy Dischargeability: METRO-GOLDWYN-MAYER, INC. v. ROSS Introduction The case of METRO-GOLDWYN-MAYER, INC. v. ROSS, 602 F.2d 604 (3d Cir. 1979),...
Third Circuit Upholds Contempt Order While Recognizing Attorney's Fifth Amendment Privilege to Withhold Client Identity

Third Circuit Upholds Contempt Order While Recognizing Attorney's Fifth Amendment Privilege to Withhold Client Identity

Date: Jul 24, 1979
Third Circuit Upholds Contempt Order While Recognizing Attorney's Fifth Amendment Privilege to Withhold Client Identity Introduction In the matter of Nathan Markowitz, Esq., the United States Court...
Continental Group: Third Circuit Upholds Price-Fixing Conspiracy without Specific Anticompetitive Intent

Continental Group: Third Circuit Upholds Price-Fixing Conspiracy without Specific Anticompetitive Intent

Date: Jul 21, 1979
Continental Group: Third Circuit Upholds Price-Fixing Conspiracy without Specific Anticompetitive Intent Introduction In the landmark case of United States of America v. Continental Group, Inc.,...
Crime-Fraud Exception Applied to Work Product and Attorney-Client Privileges in Grand Jury Proceedings

Crime-Fraud Exception Applied to Work Product and Attorney-Client Privileges in Grand Jury Proceedings

Date: Jul 19, 1979
Crime-Fraud Exception Applied to Work Product and Attorney-Client Privileges in Grand Jury Proceedings Introduction The case IN RE GRAND JURY PROCEEDINGS. Appeal of FMC Corporation, Douglas E....
Defining Indictment Sufficiency and Jury Instruction Protocols under the Travel Act: Insights from United States v. Wander

Defining Indictment Sufficiency and Jury Instruction Protocols under the Travel Act: Insights from United States v. Wander

Date: Jun 28, 1979
Defining Indictment Sufficiency and Jury Instruction Protocols under the Travel Act: Insights from United States v. Wander Introduction United States v. Wander, 601 F.2d 1251 (3d Cir. 1979), is a...
Prosecutorial Dual Role and Conflict of Interest in Grand Jury Proceedings: United States v. Birdman

Prosecutorial Dual Role and Conflict of Interest in Grand Jury Proceedings: United States v. Birdman

Date: Jun 26, 1979
Prosecutorial Dual Role and Conflict of Interest in Grand Jury Proceedings: United States v. Birdman Introduction United States of America v. Harvey Birdman is a pivotal case adjudicated by the...
Deliberate Indifference to Prisoners' Medical Needs: Walker v. Fayette County

Deliberate Indifference to Prisoners' Medical Needs: Walker v. Fayette County

Date: Jun 16, 1979
Deliberate Indifference to Prisoners' Medical Needs: Walker v. Fayette County Introduction Walker's Appeal against Fayette County revolves around the critical issue of whether prison officials'...
Habeas Corpus and Rule 11 Compliance: Third Circuit Upholds Denial in HORSLEY v. UNITED STATES

Habeas Corpus and Rule 11 Compliance: Third Circuit Upholds Denial in HORSLEY v. UNITED STATES

Date: Jun 8, 1979
Habeas Corpus and Rule 11 Compliance: Third Circuit Upholds Denial in HORSLEY v. UNITED STATES Introduction United States of America v. Howard Horsley, Ronald Miller a/k/a Bugs is a pivotal case...
Limits on Class Certification in Racial Employment Discrimination Cases: Scott v. University of Delaware

Limits on Class Certification in Racial Employment Discrimination Cases: Scott v. University of Delaware

Date: Jun 7, 1979
Limits on Class Certification in Racial Employment Discrimination Cases: Scott v. University of Delaware Introduction In the landmark case Scott v. University of Delaware, adjudicated by the United...
Recognition of Private Causes of Action under Title VI and Section 504: Commentary on NAACP v. The Medical Center, Inc., 3d Cir. 1979

Recognition of Private Causes of Action under Title VI and Section 504: Commentary on NAACP v. The Medical Center, Inc., 3d Cir. 1979

Date: Jun 5, 1979
Recognition of Private Causes of Action under Title VI and Section 504 Commentary on NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, et al. v. The Medical Center, Inc., 3d Cir. 1979...
Work-Product Doctrine and Attorney-Client Privilege in Grand Jury Investigations: Insights from In Re Grand Jury Investigation, Appeal of United States of America. (599 F.2d 1224)

Work-Product Doctrine and Attorney-Client Privilege in Grand Jury Investigations: Insights from In Re Grand Jury Investigation, Appeal of United States of America. (599 F.2d 1224)

Date: Jun 2, 1979
Work-Product Doctrine and Attorney-Client Privilege in Grand Jury Investigations: Insights from In Re Grand Jury Investigation, Appeal of United States of America (599 F.2d 1224) Introduction The...
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