3d Circuit Case Commentaries

Impact on Honest Services Fraud and Judicial Impartiality: Analysis of United States v. Mark Ciavarella, Jr.

Date: May 25, 2013

Impact on Honest Services Fraud and Judicial Impartiality: Analysis of United States v. Mark Ciavarella, Jr. Introduction The case of United States of America v. Mark Ciavarella, Jr. (716 F.3d 705)...

Preserving Procedural Objections in Sentencing: The Flores–Mejia Rule in the Third Circuit

Date: May 11, 2013

Preserving Procedural Objections in Sentencing: The Flores–Mejia Rule in the Third Circuit Introduction In United States v. Flores–Mejia, the United States Court of Appeals for the Third Circuit...

Application of Federal Rule of Civil Procedure 41(b) in Dismissal for Failure to Prosecute: Analysis of Helen Baker v. Accounts Receivables Management, Inc.

Date: May 4, 2013

Application of Federal Rule of Civil Procedure 41(b) in Dismissal for Failure to Prosecute: Analysis of Helen Baker v. Accounts Receivables Management, Inc. Introduction The case of Helen Baker v....

Expanding Strikes Under 28 U.S.C. § 1915(g) to Include Non-IFP Actions: A Comprehensive Analysis of Byrd v. Shannon

Date: Apr 26, 2013

Expanding Strikes Under 28 U.S.C. § 1915(g) to Include Non-IFP Actions: A Comprehensive Analysis of Byrd v. Shannon Introduction In the landmark case Haddrick Byrd v. Robert Shannon, adjudicated by...

Affirmation of Mandatory Detention Authority Despite Delays in Sylvain v. Attorney General

Date: Apr 23, 2013

Affirmation of Mandatory Detention Authority Despite Delays in Sylvain v. Attorney General Introduction Michel Sylvain v. Attorney General of the United States is a significant case adjudicated by...

Enhancing Sixth Amendment Protections: Insights from Karim Eley v. Erickson

Date: Apr 10, 2013

Enhancing Sixth Amendment Protections: Insights from Karim Eley v. Erickson Introduction Karim Eley v. Charles Erickson, Superintendent; Attorney General of Pennsylvania, 712 F.3d 837 (3rd Cir....

Equitable Tolling Under AEDPA: Ross v. Commonwealth of Pennsylvania

Date: Apr 6, 2013

Equitable Tolling Under AEDPA: Ross v. Commonwealth of Pennsylvania Introduction The case of Timothy J. Ross v. Commonwealth of Pennsylvania (712 F.3d 784) adjudicated by the United States Court of...

Establishing the Reasonable Belief Standard in SOX § 806 Retaliation Claims

Date: Mar 20, 2013

Establishing the Reasonable Belief Standard in SOX § 806 Retaliation Claims Introduction Wiest v. Lynch, 710 F.3d 121 (3d Cir. 2013) is a landmark decision by the United States Court of Appeals for...

Employment Discrimination in High School Athletics: Covington v. IAABO Establishes New Precedent

Date: Mar 15, 2013

Employment Discrimination in High School Athletics: Covington v. International Association of Approved Basketball Officials Establishes New Precedent Introduction The case of Tamika Covington v....

Valerie Montone v. City of Jersey City: Establishing New Precedents on First Amendment Retaliation in Public Employment

Date: Mar 9, 2013

Valerie Montone v. City of Jersey City: Establishing New Precedents on First Amendment Retaliation in Public Employment Introduction The case of Valerie Montone, Appellant in No. 11–2990 v. City of...

Choice-of-Law Determination in Consumer Fraud Class Actions: Huryk v. Brother International Corp.

Date: Mar 9, 2013

Choice-of-Law Determination in Consumer Fraud Class Actions: Huryk v. Brother International Corp. Introduction In Huryk v. Brother International Corp., the United States Court of Appeals for the...

Inadequate Defense: Establishing Ineffective Assistance of Counsel in Grant v. Lockett

Date: Mar 8, 2013

Inadequate Defense: Establishing Ineffective Assistance of Counsel in Grant v. Lockett Introduction Grant v. Lockett, 709 F.3d 224 (3d Cir. 2013), presents a pivotal moment in the evaluation of...

Reaffirming the Standard for Vacating Arbitration Awards: Evident Partiality and Judicial Integrity in Freeman v. Pittsburgh Glass Works

Date: Mar 7, 2013

Reaffirming the Standard for Vacating Arbitration Awards: Evident Partiality and Judicial Integrity in Freeman v. Pittsburgh Glass Works Introduction In the case of James D. Freeman v. Pittsburgh...

Affirmation of Summary Judgment in Section 1983 Claims: Implications for Municipal and State Immunity

Date: Mar 6, 2013

Affirmation of Summary Judgment in Section 1983 Claims: Implications for Municipal and State Immunity Introduction In the case of Philip Woodyard v. County of Essex et al., the United States Court of...

Gormont v. Astrue: Upholding the Importance of Treating Physician's Opinions in SSI Disability Determinations

Date: Mar 5, 2013

Gormont v. Astrue: Upholding the Importance of Treating Physician's Opinions in SSI Disability Determinations Introduction In the case of Tracy M. Gormont v. Michael J. Astrue, Commissioner of Social...

Strict Standards for Validation Notices Established in Caprio v. HRRG

Date: Mar 2, 2013

Strict Standards for Validation Notices Established in Caprio v. HRRG Introduction Caprio v. Healthcare Revenue Recovery Group, LLC is a pivotal case adjudicated by the United States Court of Appeals...

Third Circuit Clarifies Standards for Controlling Person Liability and Imputes Securities Fraud to Investment Advisers

Date: Feb 23, 2013

Third Circuit Clarifies Standards for Controlling Person Liability and Imputes Securities Fraud to Investment Advisers Introduction In the case of Barry J. Belmont; Philadelphia Financial Services,...

Vacating Summary Judgment in Age and Gender Discrimination Case: Burton v. Teleflex Inc.

Date: Feb 21, 2013

Vacating Summary Judgment in Age and Gender Discrimination Case: Burton v. Teleflex Inc. Introduction Burton v. Teleflex Inc. is a pivotal case adjudicated by the United States Court of Appeals for...

Cy Pres Distribution Standards in Class Action Settlements: Insights from In re Baby Products Antitrust Litigation

Date: Feb 20, 2013

Cy Pres Distribution Standards in Class Action Settlements: Insights from In re Baby Products Antitrust Litigation Introduction The case of In re Baby Products Antitrust Litigation (708 F.3d 163,...

Enhanced Protection for Railroad Whistleblowers: Araujo v. New Jersey Transit Rail Operations

Date: Feb 20, 2013

Enhanced Protection for Railroad Whistleblowers: Araujo v. New Jersey Transit Rail Operations Introduction In Anthony Araujo v. New Jersey Transit Rail Operations, Inc. (708 F.3d 152), the United...