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  • Commentaries
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3d Circuit Case Commentaries

Establishing Subordinate Factual Foundations in Social Security Disability Claims: Hargenrader v. Califano

Establishing Subordinate Factual Foundations in Social Security Disability Claims: Hargenrader v. Califano

Date: Apr 5, 1978
Establishing Subordinate Factual Foundations in Social Security Disability Claims: Hargenrader v. Califano Introduction Eugene A. Hargenrader v. Joseph A. Califano, Jr. is a seminal case decided by...
Defining Relevant Product Markets in Antitrust Monopolization: SmithKline Corp. v. Eli Lilly & Co.

Defining Relevant Product Markets in Antitrust Monopolization: SmithKline Corp. v. Eli Lilly & Co.

Date: Apr 4, 1978
Defining Relevant Product Markets in Antitrust Monopolization: SmithKline Corp. v. Eli Lilly & Co. Introduction SmithKline Corporation filed a lawsuit against Eli Lilly and Company under § 2 of the...
Reinforcing Substantial Evidence in Black Lung Benefit Claims: Gober v. Matthews

Reinforcing Substantial Evidence in Black Lung Benefit Claims: Gober v. Matthews

Date: Mar 18, 1978
Reinforcing Substantial Evidence in Black Lung Benefit Claims: Gober v. Matthews Introduction Anthony Gober v. David Matthews, contested in the United States Court of Appeals for the Third Circuit in...
Balancing Public Access and Privacy: Key Insights from United States v. Cianfrani

Balancing Public Access and Privacy: Key Insights from United States v. Cianfrani

Date: Mar 17, 1978
Balancing Public Access and Privacy: Key Insights from United States v. Cianfrani Introduction United States v. Henry J. Cianfrani represents a significant judicial examination of the interplay...
Affirmation of Rule 60(b) Limitations in Vacating Money Judgments Following Constitutional Changes

Affirmation of Rule 60(b) Limitations in Vacating Money Judgments Following Constitutional Changes

Date: Mar 14, 1978
Affirmation of Rule 60(b) Limitations in Vacating Money Judgments Following Constitutional Changes Introduction The case of Ray Marshall, Secretary of Labor, United States Department of Labor,...
Procedural Fairness in Amending Safety Violation Citations: Cornell v. OSHRC

Procedural Fairness in Amending Safety Violation Citations: Cornell v. OSHRC

Date: Mar 10, 1978
Procedural Fairness in Amending Safety Violation Citations: Cornell v. OSHRC Introduction Cornell and Company, Inc. v. Occupational Safety and Health Review Commission (OSHRC) and Secretary of Labor,...
Expansion of Rule 60(b)(6): Vacating Summary Judgments Due to Attorney Misconduct – Boughner v. Secretary of HEW

Expansion of Rule 60(b)(6): Vacating Summary Judgments Due to Attorney Misconduct – Boughner v. Secretary of HEW

Date: Mar 9, 1978
Expansion of Rule 60(b)(6): Vacating Summary Judgments Due to Attorney Misconduct – Boughner v. Secretary of HEW Introduction The case of LEON A. BOUGHNER, MARY LINDEMUTH, LENA KAKIEL, CLARA WILK,...
Precedent on Minority Business Enterprise Set-Asides: Constructors Association of Western Pennsylvania v. Kreps

Precedent on Minority Business Enterprise Set-Asides: Constructors Association of Western Pennsylvania v. Kreps

Date: Mar 8, 1978
Precedent on Minority Business Enterprise Set-Asides: Constructors Association of Western Pennsylvania v. Kreps Introduction In the landmark case Constructors Association of Western Pennsylvania v....
Admissibility of Prior Bad Acts Under Federal Rules of Evidence: United States v. Long

Admissibility of Prior Bad Acts Under Federal Rules of Evidence: United States v. Long

Date: Mar 7, 1978
Admissibility of Prior Bad Acts Under Federal Rules of Evidence: United States v. Long Introduction United States of America v. Francis P. Long, a/k/a "Red," John Hackett, a/k/a "Jack," Appellant....
Enforcement of Rule 23.1 Demand Requirements and Standards for Attorneys' Fees in Shareholder Derivative Litigation

Enforcement of Rule 23.1 Demand Requirements and Standards for Attorneys' Fees in Shareholder Derivative Litigation

Date: Mar 7, 1978
Enforcement of Rule 23.1 Demand Requirements and Standards for Attorneys' Fees in Shareholder Derivative Litigation Introduction The case of William Shlensky et al. v. B. R. Dorsey et al., decided by...
Cochetti v. Desmond: Defining the Boundaries for Punitive Damages in Civil Rights Employment Litigation

Cochetti v. Desmond: Defining the Boundaries for Punitive Damages in Civil Rights Employment Litigation

Date: Feb 22, 1978
Cochetti v. Desmond: Defining the Boundaries for Punitive Damages in Civil Rights Employment Litigation Introduction The case of Philip Cochetti v. John Desmond, Walter M. Phillips, Jr., and Robert...
West v. Keve: Advancing Prisoner Rights and Eleventh Amendment Immunity under §1983

West v. Keve: Advancing Prisoner Rights and Eleventh Amendment Immunity under §1983

Date: Feb 16, 1978
West v. Keve: Advancing Prisoner Rights and Eleventh Amendment Immunity under §1983 Introduction Kermit West, a state prisoner serving a life sentence at the Delaware Correctional Center, appealed a...
Reinforcement of Due Process in Habeas Corpus Proceedings: United States ex rel. John Hickey v. Glen R. Jeffes

Reinforcement of Due Process in Habeas Corpus Proceedings: United States ex rel. John Hickey v. Glen R. Jeffes

Date: Feb 14, 1978
Reinforcement of Due Process in Habeas Corpus Proceedings: United States ex rel. John Hickey v. Glen R. Jeffes Introduction United States ex rel. John Hickey v. Glen R. Jeffes is a pivotal case...
Conflict of Interest in Joint Defense Representation: United States v. Dolan

Conflict of Interest in Joint Defense Representation: United States v. Dolan

Date: Jan 24, 1978
Conflict of Interest in Joint Defense Representation: United States v. Dolan Introduction The case of United States of America v. Dolan, John E. (570 F.2d 1177) adjudicated by the United States Court...
Hall v. Pennsylvania State Police: Extending 42 U.S.C. § 1981 Protections Against Racial Discrimination in Bank Surveillance Practices

Hall v. Pennsylvania State Police: Extending 42 U.S.C. § 1981 Protections Against Racial Discrimination in Bank Surveillance Practices

Date: Jan 21, 1978
Hall v. Pennsylvania State Police: Extending 42 U.S.C. § 1981 Protections Against Racial Discrimination in Bank Surveillance Practices Introduction Hall v. Pennsylvania State Police and Others is a...
Expanding Jurisdiction Over Discrimination Claims: Hicks v. Abt Associates Commentary

Expanding Jurisdiction Over Discrimination Claims: Hicks v. Abt Associates Commentary

Date: Jan 20, 1978
Expanding Jurisdiction Over Discrimination Claims: Hicks v. Abt Associates Commentary Introduction HICKS v. ABT ASSOCIATES, INC. (572 F.2d 960) is a pivotal case decided by the United States Court of...
Bethel v. Jendoco Construction: Establishing Expanded Protections Against Racial Discrimination in Employment

Bethel v. Jendoco Construction: Establishing Expanded Protections Against Racial Discrimination in Employment

Date: Jan 17, 1978
Bethel v. Jendoco Construction: Establishing Expanded Protections Against Racial Discrimination in Employment Introduction In James Bethel v. Jendoco Construction Corporation et al., the Third...
Third Circuit Affirms Jencks Act Limits: Pre-Trial Suppression Hearings Excluded from Jencks Material Disclosure

Third Circuit Affirms Jencks Act Limits: Pre-Trial Suppression Hearings Excluded from Jencks Material Disclosure

Date: Jan 12, 1978
Third Circuit Affirms Jencks Act Limits: Pre-Trial Suppression Hearings Excluded from Jencks Material Disclosure Introduction In the landmark case of United States of America v. William Joseph...
Shifting the Burden of Proof in Habeas Corpus: Insights from United States v. Horace Edward Hollis

Shifting the Burden of Proof in Habeas Corpus: Insights from United States v. Horace Edward Hollis

Date: Dec 30, 1977
Shifting the Burden of Proof in Habeas Corpus: Insights from United States v. Horace Edward Hollis 1. Introduction United States of America v. Horace Edward Hollis (569 F.2d 199) is a pivotal case...
Rodriguez v. City of Philadelphia: Guidelines for Back Pay and Attorney's Fees under the ADEA

Rodriguez v. City of Philadelphia: Guidelines for Back Pay and Attorney's Fees under the ADEA

Date: Dec 28, 1977
Rodriguez v. City of Philadelphia: Guidelines for Back Pay and Attorney's Fees under the ADEA Introduction Rodriguez v. City of Philadelphia is a landmark case adjudicated by the United States Court...
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