3d Circuit Case Commentaries

Affirming Collective Responsibility in Prison Disciplinary Action: Tra v. Denny

Date: Feb 16, 2013

Affirming Collective Responsibility in Prison Disciplinary Action: Tra v. Denny Introduction The case of Tra v. Denny (708 F.3d 140) adjudicated by the United States Court of Appeals for the Third...

Third Circuit Establishes Poulis Factors Not Applicable to Post-Trial Motion Dismissals

Date: Feb 13, 2013

Third Circuit Establishes Poulis Factors Not Applicable to Post-Trial Motion Dismissals Introduction The case of Tera KNOLL v. CITY OF ALLENTOWN (707 F.3d 406, 2013) addressed critical procedural...

Judicial Review of Pleading Standards and Amendment Rules in West Run Student Housing Associates v. Huntington National Bank

Date: Feb 12, 2013

Judicial Review of Pleading Standards and Amendment Rules in West Run Student Housing Associates v. Huntington National Bank Introduction The case of West Run Student Housing Associates, LLC; Campus...

Affirmation of Municipal Liability Limitations under 42 U.S.C. § 1983: Mulholland & Kurtz v. Berks County

Date: Jan 29, 2013

Affirmation of Municipal Liability Limitations under 42 U.S.C. § 1983: Mulholland & Kurtz v. Berks County Introduction Mulholland & Kurtz v. Berks County is a significant case decided by the United...

Rational Basis Review Sustains Salary Policies Based on Location of Teaching Experience: Connelly v. Steel Valley School District

Date: Jan 25, 2013

Rational Basis Review Sustains Salary Policies Based on Location of Teaching Experience: Connelly v. Steel Valley School District Introduction Connelly v. Steel Valley School District, 706 F.3d 209...

Defining Antitrust Standing: Ethypharm S.A. France v. Abbott Laboratories

Date: Jan 24, 2013

Defining Antitrust Standing: Ethypharm S.A. France v. Abbott Laboratories Introduction The case Ethypharm S.A. France v. Abbott Laboratories, adjudicated by the United States Court of Appeals for the...

Enhancing Judicial Integrity: The Brady Violation in JOHNSON v. FOLINO

Date: Jan 17, 2013

Enhancing Judicial Integrity: The Brady Violation in JOHNSON v. FOLINO Introduction JOHNSON v. FOLINO, 705 F.3d 117 (3rd Cir. 2013), serves as a pivotal case in understanding the application of BRADY...

Statutory Tolling of AEDPA’s Limitation Period Recognized for Properly Filed State Collateral Relief: Jenkins v. Superintendent of Laurel Highlands

Date: Jan 16, 2013

Statutory Tolling of AEDPA’s Limitation Period Recognized for Properly Filed State Collateral Relief: Jenkins v. Superintendent of Laurel Highlands Introduction The case of Robert Jenkins v....

No Constitutional Right of Media Access to Polling Places: PG Publishing Co. v. Aichele

Date: Jan 16, 2013

No Constitutional Right of Media Access to Polling Places: PG Publishing Co. v. Aichele Introduction In the case of PG Publishing Company d/b/a The Pittsburgh Post–Gazette, Appellant v. Carol...

Clarifying the Continuing Violation Doctrine in Hostile Work Environment Claims: Mandel v. M&Q Packaging

Date: Jan 15, 2013

Clarifying the Continuing Violation Doctrine in Hostile Work Environment Claims: Mandel v. M&Q Packaging Corp. Introduction Mandel v. M&Q Packaging Corp. is a significant appellate decision from the...

Affirmation of Finality Rule in Zoning Ordinance Challenges: CMR D.N. Corp. v. City of Philadelphia

Date: Jan 15, 2013

Affirmation of Finality Rule in Zoning Ordinance Challenges: CMR D.N. Corp. v. City of Philadelphia Introduction In the case CMR D.N. Corp. and Marina Towers Ltd., t/a Waterfront Renaissance...

Due Process and Absolute Immunity in Child Custody Transfers: B.S. v. Somerset County

Date: Jan 9, 2013

Due Process and Absolute Immunity in Child Custody Transfers: B.S. v. Somerset County Introduction The case of B.S., and B.S. as guardian and parent of T.S., G.S., and N.S. versus Somerset County...

Limitations on Bivens Actions for Procedural Due Process Violations in Prisoner Discipline

Date: Dec 14, 2012

Limitations on Bivens Actions for Procedural Due Process Violations in Prisoner Discipline Introduction In the case of ClARENCE D. SCHREANE, Appellant v. J. SEANA, Correctional Officer and others,...

Third Circuit Establishes Right to Intervention in Remedy Stage of ADA Compliance Litigation

Date: Dec 13, 2012

Third Circuit Establishes Right to Intervention in Remedy Stage of ADA Compliance Litigation Introduction In the landmark decision of Benjamin et al. v. Department of Public Welfare of Pennsylvania,...

No Right to Jury Trial in Admiralty Cases Without Diversity and Limited Assistance for Pro Se Litigants: Mala v. Crown Bay Marina

Date: Dec 4, 2012

No Right to Jury Trial in Admiralty Cases Without Diversity and Limited Assistance for Pro Se Litigants: Mala v. Crown Bay Marina Introduction Mala v. Crown Bay Marina, Inc. (704 F.3d 239) is a...

Qualified Immunity Affirmed in §1983 False Arrest and False Imprisonment Claims: Analysis of James v. City of Wilkes–Barre

Date: Nov 30, 2012

Qualified Immunity Affirmed in §1983 False Arrest and False Imprisonment Claims: Analysis of James v. City of Wilkes–Barre Introduction Cheryl James; Warren James; Nicole James v. The City of...

Affirmation of Conviction in United States v. Pavulak: Standards for Probable Cause in Child Pornography Cases

Date: Nov 22, 2012

Affirmation of Conviction in United States v. Pavulak: Standards for Probable Cause in Child Pornography Cases Introduction United States of America v. Paul E. Pavulak, 700 F.3d 651 (3d Cir. 2012),...

Third Circuit Clarifies ERISA Preemption and Non-Fiduciary Liability under §502(a)(3) in Tax Avoidance Scheme Case

Date: Nov 9, 2012

Third Circuit Clarifies ERISA Preemption and Non-Fiduciary Liability under §502(a)(3) in Tax Avoidance Scheme Case Introduction In the case of National Security Systems, Inc.; Steven Cappello;...

Affirmation of Denial of Administrative Expense Claims in Bankruptcy Proceedings

Date: Oct 26, 2012

Affirmation of Denial of Administrative Expense Claims in Bankruptcy Proceedings Introduction The case of In re PHILADELPHIA NEWSPAPERS, LLC, et al., Debtors versus Vahan H. Gureghian, Danielle...

Binding Plea Agreements and 18 U.S.C. § 3582(c)(2) Relief: A Comprehensive Commentary on United States v. Weatherspoon

Date: Oct 11, 2012

Binding Plea Agreements and 18 U.S.C. § 3582(c)(2) Relief: A Comprehensive Commentary on United States v. Weatherspoon Introduction The case of United States of America v. Kevin Weatherspoon, 696...