Beck v. Missouri

Parentheticals

• interpreting Barrowclough v. Kidder, Peabody & Co., Inc., 752 F.2d 923 (3d Cir.1985)

  Robert Gavalik, Frank Grelo, Joseph Urban, Anthony Ulyan, Donald A. Berger, Ronald Clarke, Henry Foster, George Patterson, Joseph Kellerman, Robert Pavlik, Phillip Farley, Thomas Riley, Thomas Warren and Francis Humenik v. Continental Can Company. Albert J. Jakub, Fred Cipriana, Jr., Anthony J. Bernardo, Thomas A. Mulligan, William T. Tarr, Donald W. Roberts, Ernest Wirbecki and George W. Stepanic on Behalf of Themselves and Others Similarly Situated Alfred Borrelli, Jr., Michael Di Iorio, Anthony Folino, Thomas E. Johston, Robert Kapolka, John C. Kincel, Peter A. Rumain, Harry H. Smith, Melvin J. Smith, Jack A. Stull and Ernest B. Taddeo, on Behalf of Themselves and Others Similarly Situated v. Continental Can Company, a Member of Continental Group, Inc. Appeal of Robert Gavalik and Albert J. Jakub Appeal of Continental Can Company, U.S.A., a Member of the Continental Group, Inc

• listing citations and stating the general principle that " ‘[a] statutory time period is not mandatory unless it both expressly requires an agency or public official to act within a particular time period and specifies a consequence for failure to comply with the provision' ”

  West Virginia Human Rights Commission v. Garretson

• Commonwealth does not violate disclosure requirements of Brady by failing to disclose evidence that it does not have and of which it is not aware

  Commonwealth v. Morales

• Commonwealth does not violate disclosure requirements of Brady by failing to disclose evidence that it does not have and of which it is not aware

  Commonwealth v. Hawkins

• testimony of appellant’s involvement in drug trafficking admissible to show relationship among parties involved in murder

  Commonwealth v. Jones

• prospective juror was properly excluded where juror’s testimony established an irrevocable commitment to vote against the death penalty

  Commonwealth v. Gray

• evidence of defendant’s drug dealing with victim’s brother, who had motive for murder, relevant to show previous relationship between parties

  Commonwealth v. Cannady

• investigatory delay, if reasonable, does not violate due process, even if a defendant is actually prejudiced in the preparation of his defense as a result of the delay

  Commonwealth v. Montalvo

• ”[T]here must be independent evidence — besides the mere invocation of the privilege — upon which to base the negative inference.”

  Securities & Exchange Commission v. Peretz

• defined contribution plan denied reversion on basis of language stating "contributions made by Company hereunder may not, under any circumstances, revert to the Company"

  Gordon Outzen v. Federal Deposit Insurance Corporation

• defendant breached its fiduciary duty “by failing to administer the Plan in accordance with the governing documents”

  Tybout v. Karr Barth Pension Administration, Inc.

• defined contribution plan denied reversion on basis of language stating "contributions made by Company hereunder may not, under any circumstances, revert to the Company”

  Outzen v. Federal Deposit Insurance ex rel. State Examiner of Banks of Wyoming