3d Circuit Case Commentaries

Establishing the Limits of Absolute Immunity for Executive Officials: A Comprehensive Commentary on Forsyth v. Kleindienst and Burkhart v. Saxbe

Date: May 23, 1979

Establishing the Limits of Absolute Immunity for Executive Officials: A Comprehensive Commentary on Forsyth v. Kleindienst and Burkhart v. Saxbe Introduction The cases of Keith Forsyth v. Richard G....

Third Circuit Reinforces Scienter Requirement for Accounting Firms Under Rule 10b-5: C S Liability Reversed

Date: May 19, 1979

Third Circuit Reinforces Scienter Requirement for Accounting Firms Under Rule 10b-5: C S Liability Reversed Introduction In the landmark case of Malcolm P. McLean, Individually v. Cashman Schiavi,...

Rossi v. Califano: Upholding Disability Claims Based on Substantial Medical Evidence

Date: Apr 27, 1979

Rossi v. Califano: Upholding Disability Claims Based on Substantial Medical Evidence Introduction Case: Concetta Rossi, Appellant, v. Joseph A. Califano, Jr., Secretary of Health, Education and...

Reconstruction of Disability Records in Social Security Claims: Fowler v. Califano

Date: Apr 11, 1979

Reconstruction of Disability Records in Social Security Claims: Fowler v. Califano Introduction Fowler v. Califano, 596 F.2d 600 (3d Cir. 1979), is a pivotal case addressing the challenges faced by...

Otis Elevator Co. v. Margaret Fisher Knight: Redefining Expert Testimony in Products Liability

Date: Mar 30, 1979

Otis Elevator Co. v. Margaret Fisher Knight: Redefining Expert Testimony in Products Liability Introduction In the landmark case of Otis Elevator Company v. Margaret Fisher Knight, decided by the...

Reordering Burden of Proof in Bankruptcy Discharge Objections: Decker v. Decker

Date: Mar 27, 1979

Reordering Burden of Proof in Bankruptcy Discharge Objections: Decker v. Decker Introduction The case of In re Martin M. Decker and Kathleen H. Decker, 595 F.2d 185 (3d Cir. 1979), presents a pivotal...

Limitation of Treble Damages for Indirect Purchasers Under the Sherman Act

Date: Mar 27, 1979

Limitation of Treble Damages for Indirect Purchasers Under the Sherman Act Introduction The case of Mid-West Paper Products Company and other appellants versus several major manufacturers of consumer...

Cernuto v. United Cabinet Corp.: Establishing Per Se Violations in Antitrust Law

Date: Mar 17, 1979

Cernuto v. United Cabinet Corp.: Establishing Per Se Violations in Antitrust Law Introduction The case of Cernuto, Incorporated, a Corporation t/d/b/a C C Builders Supply Company v. United Cabinet...

Vicarious Liability and Emotional Distress in Professional Sports Contracts: The Don Chuy Case

Date: Mar 10, 1979

Vicarious Liability and Emotional Distress in Professional Sports Contracts: The Don Chuy Case Introduction The legal landscape governing professional sports contracts and employer liabilities...

Allocation of Liability Between Insurers in Motor Carrier Accidents: Insights from Carolina Casualty Ins. Co. v. Refrigerated Transport Co.

Date: Mar 6, 1979

Allocation of Liability Between Insurers in Motor Carrier Accidents: Insights from Carolina Casualty Insurance Co. v. Refrigerated Transport Co. Introduction The case of Carolina Casualty Insurance...

Exception to Sovereign Immunity for Governmental Warnings in Military Exposure Cases: Analysis of Jaffee v. United States

Date: Feb 10, 1979

Exception to Sovereign Immunity for Governmental Warnings in Military Exposure Cases: Analysis of Jaffee v. United States Introduction The case of Stanley Jaffee and Sharon Blinn Jaffee, Individually...

Admissibility of Co-Defendant Statements under the Bruton Rule: United States v. Belle

Date: Feb 9, 1979

Admissibility of Co-Defendant Statements under the Bruton Rule: United States v. Belle Introduction In United States of America v. Donald E. Belle, 593 F.2d 487 (3d Cir. 1979), the United States...

Establishment of Religion in Public Education: The Malnak v. Yogi Decision

Date: Feb 3, 1979

Establishment of Religion in Public Education: The Malnak v. Yogi Decision Introduction The case of Malnak v. Yogi (592 F.2d 197) deliberated on the constitutionality of introducing the Science of...

ERISA § 406(b)(2) Sets Precedent on Per Se Prohibition of Adverse Transactions Between Distinct Employee Benefit Plans

Date: Jan 13, 1979

ERISA § 406(b)(2) Sets Precedent on Per Se Prohibition of Adverse Transactions Between Distinct Employee Benefit Plans Introduction In Cutaiar et al. v. Marshall, the United States Court of Appeals...

Contractual Rights and Sovereign Immunity in Academic Employment: Insights from Skehan v. Bloomsburg State College

Date: Dec 22, 1978

Contractual Rights and Sovereign Immunity in Academic Employment: Insights from Skehan v. Bloomsburg State College Introduction Skehan v. Board of Trustees of Bloomsburg State College is a pivotal...

Revisiting Secondary Meaning in Non-Competing Markets: Scott Paper Co. v. Scott's Liquid Gold, Inc.

Date: Dec 13, 1978

Revisiting Secondary Meaning in Non-Competing Markets: Scott Paper Company v. Scott's Liquid Gold, Inc. Introduction The case of Scott Paper Company, a Corporation v. Scott's Liquid Gold, Inc., a...

Duty of Fair Representation and Summary Judgment: Insights from Ely v. Hall's Motor Transit Co.

Date: Dec 13, 1978

Duty of Fair Representation and Summary Judgment: Insights from Ely v. Hall's Motor Transit Co. Introduction The case of Edgar H. Ely, Jr., Appellant, v. Hall's Motor Transit Company and Teamsters...

Third Circuit's Ruling on Use Immunity in RICO Prosecutions: United States v. Richard P. Herman

Date: Nov 18, 1978

Third Circuit's Ruling on Use Immunity in RICO Prosecutions: United States v. Richard P. Herman 1. Introduction The case of United States of America v. Richard P. Herman (589 F.2d 1191) presents a...

Establishing Limits on Law Enforcement Conduct: Twigg and Neville Decision

Date: Nov 18, 1978

Establishing Limits on Law Enforcement Conduct: Twigg and Neville Decision Introduction The case of United States of America v. William Christopher Twigg, III and Henry Alfred Neville presents a...

Trade Dress Protection and Personal Liability in Unfair Competition: An Analysis of Donsco, Inc. v. Casper Corporation

Date: Nov 1, 1978

Trade Dress Protection and Personal Liability in Unfair Competition: An Analysis of Donsco, Inc. v. Casper Corporation Introduction The case of Donsco, Inc., Trading as John Wright, Inc. v. Casper...

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