3d Circuit Case Commentaries

Affirmation of Anders Motion: No Non-Frivolous Appellate Arguments in United States v. Tahn Le

Date: Oct 24, 2013

Affirmation of Anders Motion: No Non-Frivolous Appellate Arguments in United States v. Tahn Le Introduction In United States of America v. Tahn Le (542 F. App'x 108), the United States Court of...

Enforcing Exhaustion of Administrative Remedies under PLRA: Insights from Spencer v. Defendants

Date: Oct 22, 2013

Enforcing Exhaustion of Administrative Remedies under PLRA: Insights from Spencer v. Defendants Introduction The case of Ravanna Spencer v. Sergeants Bush, Scoles, Vojacek, Varner, and Coleman (543...

Expanding FDCPA Protections in Bankruptcy Proceedings: An Analysis of Simon v. FIA Card Services, N.A. and Weinstein & Riley, P.S.

Date: Oct 8, 2013

Expanding FDCPA Protections in Bankruptcy Proceedings: An Analysis of Simon v. FIA Card Services, N.A. and Weinstein & Riley, P.S. Introduction The case of Robert Maxwell Simon; Stacey Helene Simon,...

Reaffirming the Nexus Requirement in Witness Tampering: Insights from United States v. Willie Tyler

Date: Oct 4, 2013

Reaffirming the Nexus Requirement in Witness Tampering: Insights from United States v. Willie Tyler Introduction The case of United States of America v. Willie Tyler (732 F.3d 241) serves as a...

Standards for Granting Motions in Limine in Copyright Cases: Insights from Leonard v. Stemtech Health Sciences

Date: Oct 4, 2013

Standards for Granting Motions in Limine in Copyright Cases: Insights from Leonard v. Stemtech Health Sciences Introduction The case Andrew Paul Leonard v. Stemtech Health Sciences, Inc., et al. (981...

Appellate Jurisdiction Over Remand Orders in ERISA Cases: Insights from Papotto v. Hartford Life & Accident Insurance Co.

Date: Sep 27, 2013

Appellate Jurisdiction Over Remand Orders in ERISA Cases: Insights from Papotto v. Hartford Life & Accident Insurance Co. Introduction The case of Lisa M. Papotto v. Hartford Life & Accident...

Ensuring Quality of Care in Medicaid Reimbursement: A Comprehensive Analysis of Christ the King Manor, Inc. v. HHS Third Circuit Decision

Date: Sep 20, 2013

Ensuring Quality of Care in Medicaid Reimbursement: A Comprehensive Analysis of Christ the King Manor, Inc. v. HHS Third Circuit Decision Introduction The case of Christ the King Manor, Inc. et al....

Third Circuit Upholds PASPA and Establishes Standing for Major Sports Leagues

Date: Sep 18, 2013

Third Circuit Upholds PASPA and Establishes Standing for Major Sports Leagues Introduction The case of National Collegiate Athletic Association, et al. v. Governor of the State of New Jersey examines...

Exhaustion of Administrative Remedies in Federal Employment Discrimination Cases: Insights from Slingland v. Donahoe

Date: Sep 13, 2013

Exhaustion of Administrative Remedies in Federal Employment Discrimination Cases: Insights from Slingland v. Donahoe Introduction Slingland v. Donahoe is a significant case adjudicated by the United...

Third Circuit Affirms: Misidentification as Disabled Does Not Entitle to IDEA Relief

Date: Sep 6, 2013

Third Circuit Affirms: Misidentification as Disabled Does Not Entitle to IDEA Relief Introduction In the landmark case of S.H. et al. v. Lower Merion School District (729 F.3d 248, 3rd Cir. 2013),...

Expanding the Scope of "Recovery of Damages" in Patent Assignment Agreements: Insights from G. Da v. d JANG, M.D.

Date: Sep 6, 2013

Expanding the Scope of "Recovery of Damages" in Patent Assignment Agreements: Insights from G. Da v. d JANG, M.D. Introduction The legal landscape of patent assignment agreements often revolves...

Third Circuit Establishes Finality of Collective Action Decertifications under FLSA

Date: Sep 5, 2013

Third Circuit Establishes Finality of Collective Action Decertifications under FLSA Introduction In the consolidated appeal of Camesi et al. v. University of Pittsburgh Medical Center et al. (Nos....

Exhaustion of Administrative Remedies: Judge-Determined Issues in PLRA Cases – Small v. Camden County

Date: Aug 27, 2013

Exhaustion of Administrative Remedies: Judge-Determined Issues in PLRA Cases – Small v. Camden County Introduction In the landmark case of Robert L. Small v. Camden County, adjudicated by the United...

Affirmation of FCA Public Disclosure Bar and Original Source Requirement in Qui Tam Actions

Date: Aug 27, 2013

Affirmation of FCA Public Disclosure Bar and Original Source Requirement in Qui Tam Actions Introduction The case of UNITED STATES of America ex rel. Thomas M. ZIZIC, M.D. v. Q2Administrators, LLC...

State-Created Danger Requires Direct Causation: Third Circuit Sets Standards in Section 8 Housing Case

Date: Aug 24, 2013

State-Created Danger Requires Direct Causation: Third Circuit Sets Standards in Section 8 Housing Case Introduction In Henry v. City of Erie, 728 F.3d 275 (3d Cir. 2013), the United States Court of...

Establishing Consumer's Right to Revoke Prior Express Consent Under TCPA: Gager v. Dell Financial Services

Date: Aug 23, 2013

Establishing Consumer's Right to Revoke Prior Express Consent Under TCPA: Gager v. Dell Financial Services Introduction In the landmark case Ashley Gager, Appellant v. Dell Financial Services, LLC,...

Ascertainability Standards in Class Actions: Carrera v. Bayer Corporation

Date: Aug 22, 2013

Ascertainability Standards in Class Actions: Carrera v. Bayer Corporation Introduction The case of Gabriel Joseph Carrera, on behalf of himself and all others similarly situated v. Bayer Corporation;...

Contribution Claims under CERCLA § 113(f)(3)(B) Following State-Law Settlements

Date: Aug 21, 2013

Contribution Claims under CERCLA § 113(f)(3)(B) Following State-Law Settlements Introduction The case of Trinity Industries, Inc. and Trinity Industries Railcar Corporation v. Chicago Bridge & Iron...

Commonality in Class Action Settlements: Insights from Rodriguez v. National City Bank

Date: Aug 13, 2013

Commonality in Class Action Settlements: Insights from Rodriguez v. National City Bank Introduction Rodriguez v. National City Bank, 726 F.3d 372 (3rd Cir. 2013), is a pivotal case that underscores...

Admissibility of Prior Possession Convictions in Drug Distribution Cases: United States v. Davis

Date: Aug 10, 2013

Admissibility of Prior Possession Convictions in Drug Distribution Cases: United States v. Davis Introduction United States v. Terrell Davis is a pivotal case decided by the United States Court of...