3d Circuit Case Commentaries

Establishing Probable Cause Through Indictment: Insights from UNITED STATES v. FRANK SUPPA

Date: Aug 28, 1986

Establishing Probable Cause Through Indictment: Insights from UNITED STATES v. FRANK SUPPA Introduction The case of UNITED STATES OF AMERICA v. FRANK SUPPA, adjudicated by the United States Court of...

Equitable Gas Co. v. Equibank: Broadening Recoverable Claims Under § 506(c) of the Bankruptcy Code

Date: Aug 27, 1986

Equitable Gas Co. v. Equibank: Broadening Recoverable Claims Under § 506(c) of the Bankruptcy Code Introduction The case of Equitable Gas Co. v. Equibank N.A., Condec Corporation ([799 F.2d...

Limits of the Laches Defense in Retaliation Claims under Title VII

Date: Aug 26, 1986

Limits of the Laches Defense in Retaliation Claims under Title VII Introduction The case of Peyton R. Waddell v. Small Tube Products, Inc. (799 F.2d 69) presented before the United States Court of...

Strict Compliance with Service of Process: Insights from Stranahan Gear Co. v. NL Industries, Inc.

Date: Aug 23, 1986

Strict Compliance with Service of Process: Insights from Stranahan Gear Co. v. NL Industries, Inc. Introduction Stranahan Gear Company, Inc. v. NL Industries, Inc. is a pivotal case adjudicated by...

STONE v. POWELL: Limiting Federal Habeas Corpus Review of Harmless Fourth Amendment Errors

Date: Aug 23, 1986

STONE v. POWELL: Limiting Federal Habeas Corpus Review of Harmless Fourth Amendment Errors Introduction Charles Gilmore v. Ronald Marks, Commissioner and the Attorney General of the State of...

Limits on Retroactive Approval for Creditors Committee Counsel in Chapter 11 Proceedings

Date: Aug 14, 1986

Limits on Retroactive Approval for Creditors Committee Counsel in Chapter 11 Proceedings Introduction The case of Arkansas Company, Inc. vs. Benenson Scher, P.A., adjudicated by the United States...

Limiting Factors for Pretrial Detention: Analysis of United States v. Harry Himler, Jr.

Date: Aug 7, 1986

Limiting Factors for Pretrial Detention: Analysis of United States v. Harry Himler, Jr. Introduction United States of America v. Harry Himler, Jr., 797 F.2d 156 (3d Cir. 1986), presents a critical...

Expanding Copyright Protection to Computer Program Structures

Date: Aug 5, 1986

Expanding Copyright Protection to Computer Program Structures: A Comprehensive Analysis of Whelan Associates, Inc. v. Jaslow Dental Laboratory, Inc. Introduction The case of Whelan Associates, Inc....

Affirmation of Reasonable Religious Accommodation and Limitation on Compensatory Damages Under Title VII: Protos v. Volkswagen

Date: Jul 30, 1986

Affirmation of Reasonable Religious Accommodation and Limitation on Compensatory Damages Under Title VII: Protos v. Volkswagen Introduction The case of Angeline S. Protos v. Volkswagen of America,...

Administrative Search Exception Validated for Warrantless Alcohol and Drug Testing in Regulated Horse Racing Industry

Date: Jul 11, 1986

Administrative Search Exception Validated for Warrantless Alcohol and Drug Testing in Regulated Horse Racing Industry Introduction In the landmark case of WILLIAM SHOEMAKER et al. v. HAL HANDEL et...

Specificity in Civil Rights Pleadings: Third Circuit Reverses Dismissal in District Council 47 Case

Date: Jul 10, 1986

Specificity in Civil Rights Pleadings: Third Circuit Reverses Dismissal in District Council 47 Case Introduction The case of District Council 47, American Federation of State, County and Municipal...

Substantial Evidence and Credibility of Subjective Complaints in Disability Determinations: Dorf v. Bowen

Date: Jul 10, 1986

Substantial Evidence and Credibility of Subjective Complaints in Disability Determinations: Dorf v. Bowen Introduction Dorf v. Bowen is a seminal case decided by the United States Court of Appeals...

Strict Adherence to Expert Testimony Deadlines Affirmed in Summary Judgment: Koplove v. Ford Motor Company

Date: Jul 9, 1986

Strict Adherence to Expert Testimony Deadlines Affirmed in Summary Judgment: Koplove v. Ford Motor Company Introduction The case of Lynne Koplove and Jay S. Koplove v. Ford Motor Company, decided by...

Enforceability of a Letter of Intent to Negotiate in Good Faith Under Pennsylvania Law: Channel Home Centers v. Grossman

Date: Jul 1, 1986

Enforceability of a Letter of Intent to Negotiate in Good Faith Under Pennsylvania Law: Channel Home Centers v. Grossman Introduction Channel Home Centers, Division of Grace Retail Corporation v....

Establishing Evidentiary Standards in Racial Discrimination Claims: Pollock v. AT&T

Date: Jul 1, 1986

Establishing Evidentiary Standards in Racial Discrimination Claims: Pollock v. AT&T Introduction Pollock v. AT&T is a landmark case adjudicated by the United States Court of Appeals for the Third...

Voluntariness of Confessions Under the Totality of Circumstances: MILLER v. FENTON

Date: Jun 27, 1986

Voluntariness of Confessions Under the Totality of Circumstances: MILLER v. FENTON Introduction MILLER v. FENTON is a pivotal case decided by the United States Court of Appeals for the Third Circuit...

ERISA Preemption Over State Wage and Benefit Claims: Analysis of McMahon v. Putnam B. McDowell

Date: Jun 25, 1986

ERISA Preemption Over State Wage and Benefit Claims: Analysis of McMahon v. Putnam B. McDowell Introduction In the landmark case of McMahon v. Putnam B. McDowell, decided by the United States Court...

Application of the Bail Reform Act's Presumption of Dangerousness: United States v. Carbone

Date: Jun 24, 1986

Application of the Bail Reform Act's Presumption of Dangerousness: United States v. Carbone Introduction United States of America v. Adolph "Butch" Carbone, 793 F.2d 559 (3d Cir. 1986), is a pivotal...

Third Circuit Upholds Copyright Protections for Secure Educational Tests, Modifies Scope of Preliminary Injunction

Date: Jun 21, 1986

Third Circuit Upholds Copyright Protections for Secure Educational Tests, Modifies Scope of Preliminary Injunction Introduction The case of Educational Testing Services (ETS) v. John Katzman and The...

Establishing a Uniform Six-Year Limitations Period for Civil RICO Claims: Malley-Duff v. Crown Life Insurance Co.

Date: May 31, 1986

Establishing a Uniform Six-Year Limitations Period for Civil RICO Claims: Malley-Duff v. Crown Life Insurance Co. Introduction The case of Malley-Duff Associates, Inc. v. Crown Life Insurance Co.,...