3d Circuit Case Commentaries

Establishing Employer Liability under ERISA §510: A Comprehensive Analysis of Gavalik et al. v. Continental Can Company

Date: Feb 20, 1987

Establishing Employer Liability under ERISA §510: A Comprehensive Analysis of Gavalik et al. v. Continental Can Company Introduction The case of Gavalik et al. v. Continental Can Company examined...

Timeliness of Post-Trial Motions and Appealability of Judgments of Acquittal: Insights from United States v. Coleman & Del Bono

Date: Feb 19, 1987

Timeliness of Post-Trial Motions and Appealability of Judgments of Acquittal: Insights from United States v. Coleman & Del Bono Introduction The case of United States of America v. Nathaniel Coleman,...

Expanded FLSA Anti-Retaliation Protections and Interest Presumptions in Brock v. Richardson Construction

Date: Feb 19, 1987

Expanded FLSA Anti-Retaliation Protections and Interest Presumptions in Brock v. Richardson Construction Introduction Brock v. Richardson Construction, 812 F.2d 121 (3d Cir. 1987), serves as a...

Balancing Privacy and Public Interest: Insights from Fraternal Order of Police v. City of Philadelphia

Date: Feb 18, 1987

Balancing Privacy and Public Interest: Insights from Fraternal Order of Police v. City of Philadelphia Introduction The case of Fraternal Order of Police, Lodge No. 5, Robert S. Hurst et al. v. City...

State Action Immunity and Rational Basis in Solid Waste Management: An Analysis of Hancock Industries v. Schaeffer

Date: Feb 7, 1987

State Action Immunity and Rational Basis in Solid Waste Management: An Analysis of Hancock Industries v. Schaeffer Introduction Hancock Industries and ACE Service Corp. and Eastern Waste Removal and...

Affirmation of Objective Reasonable Suspicion in Investigatory Stops and Validation of ACCA Sentence Enhancements in United States v. Hawkins

Date: Feb 4, 1987

Affirmation of Objective Reasonable Suspicion in Investigatory Stops and Validation of ACCA Sentence Enhancements in United States v. Hawkins Introduction United States of America v. Milton Hawkins,...

Strict Standards for Emotional Distress Claims in Asbestos Litigation Confirmed by Third Circuit

Date: Jan 31, 1987

Strict Standards for Emotional Distress Claims in Asbestos Litigation Confirmed by Third Circuit Introduction The case Wisniewski, Susan and Klock, Debra WISNIEWSKI v. JOHNS-MANVILLE CORP., among...

Survival of Pre-existing Liens in Bankruptcy: Interpretation of 11 U.S.C. § 506(d)

Date: Jan 31, 1987

Survival of Pre-existing Liens in Bankruptcy: Interpretation of 11 U.S.C. § 506(d) Introduction Estate of Roger Lellock v. The Prudential Insurance Company of America, A Corp., and the United States...

Indiana Law Governs Contribution Claims in FELA Actions: Insights from Shields v. Consolidated Rail Corp.

Date: Jan 30, 1987

Indiana Law Governs Contribution Claims in FELA Actions: Insights from Shields v. Consolidated Rail Corp. Introduction Shields, Arnett L. v. Consolidated Rail Corporation is a pivotal case decided by...

Establishing Comprehensive Standards for Official Oppression: Government of the Virgin Islands v. Kelvin Derricks

Date: Jan 22, 1987

Establishing Comprehensive Standards for Official Oppression: Government of the Virgin Islands v. Kelvin Derricks Introduction Government of the Virgin Islands v. Kelvin Derricks, 810 F.2d 50 (3d...

Indispensable Parties and Federal Jurisdiction: Steel Valley Authority v. American Standard

Date: Jan 21, 1987

Indispensable Parties and Federal Jurisdiction: Steel Valley Authority v. American Standard Introduction In the landmark case of Steel Valley Authority v. Union Switch and Signal Division, American...

Irreparable Harm in Preliminary Injunctions: Insights from ECRI v. McGraw-Hill

Date: Jan 21, 1987

Irreparable Harm in Preliminary Injunctions: Insights from ECRI v. McGraw-Hill Introduction The case of ECRI, A Nonprofit Pennsylvania Corporation v. McGraw-Hill, Inc. addresses critical issues in...

Zoning Ordinances and the Limits of Regulatory Takings: An Analysis of Pace Resources, Inc. v. Shrewsbury Township

Date: Jan 13, 1987

Zoning Ordinances and the Limits of Regulatory Takings: An Analysis of Pace Resources, Inc. v. Shrewsbury Township Introduction The case of Pace Resources, Inc. v. Shrewsbury Township presents a...

Concurrent §1983 Claims and Habeas Corpus: Insights from Harper v. Jeffries

Date: Jan 1, 1987

Concurrent §1983 Claims and Habeas Corpus: Insights from Harper v. Jeffries Introduction Michael Thomas Harper, representing himself as a pro se petitioner, appealed against Donald Jeffries and the...

Genericness Doctrine Reinforced: Third Circuit in A.J. Canfield Co. v. Concord Beverage Co.

Date: Jan 1, 1987

Genericness Doctrine Reinforced: Third Circuit in A.J. Canfield Co. v. Concord Beverage Co. Introduction The case of A.J. Canfield Company, a Corporation, Appellant, v. Honickman, Harold, an...

Welch v. Heckler: Appeals Council's Authority in Disability Determinations

Date: Dec 31, 1986

Welch v. Heckler: Appeals Council's Authority in Disability Determinations Introduction Welch v. Heckler, decided by the United States Court of Appeals for the Third Circuit on December 30, 1986,...

Adequacy of Predeprivation Hearings in Public Employment Terminations: Gniotek v. City of Philadelphia

Date: Dec 25, 1986

Adequacy of Predeprivation Hearings in Public Employment Terminations: Gniotek v. City of Philadelphia Introduction The case of Gniotek, Louis; Christy, Carmen; Gioffre, Joseph; Pescatore, Augustine;...

Simmonds v. Heckler: Reevaluating Nonexertional Impairments in Disability Determinations

Date: Dec 17, 1986

Simmonds v. Heckler: Reevaluating Nonexertional Impairments in Disability Determinations Introduction In the case of Laureta Simmonds v. Margaret Heckler, Secretary of Health and Human Services, 807...

Independent Standing of Injured Parties in Declaratory Judgment Actions: Federal Kemper Insurance Co. v. Griffith

Date: Dec 12, 1986

Independent Standing of Injured Parties in Declaratory Judgment Actions: Federal Kemper Insurance Co. v. Griffith Introduction The case of Federal Kemper Insurance Company v. Rauscher, Robert...

Reclassification of Medicare Reimbursements in Monsour Medical Center v. Heckler

Date: Dec 6, 1986

Reclassification of Medicare Reimbursements in Monsour Medical Center v. Heckler Introduction Monsour Medical Center v. Heckler, 806 F.2d 1185 (3rd Cir. 1986), is a pivotal case that addresses the...