3d Circuit Case Commentaries

Strict Exhaustion Requirements Under PLRA Reinforced in Nifas v. Beard

Date: Mar 26, 2010

Strict Exhaustion Requirements Under PLRA Reinforced in Nifas v. Beard Introduction Nifas v. Beard, 374 F. App'x 241 (3d Cir. 2010), is a pivotal case adjudicated by the United States Court of...

Interstate Firearm Transportation and Fourth Amendment Protections: Insights from Revell v. Port Authority

Date: Mar 23, 2010

Interstate Firearm Transportation and Fourth Amendment Protections: Insights from Revell v. Port Authority Introduction In Gregg C. Revell; Association of New Jersey Rifle Pistol Clubs Inc. v. Port...

Precedent on Retaliatory Prosecution for Exercising Constitutional Rights Established in Miller v. Mitchell

Date: Mar 18, 2010

Precedent on Retaliatory Prosecution for Exercising Constitutional Rights Established in Miller v. Mitchell Introduction In Miller v. Mitchell, the United States Court of Appeals for the Third...

Third Circuit's Decision in Brown v. Nutrition Management Services Co. Reinforces Standards for New Trials and Front Pay Awards under FMLA

Date: Mar 18, 2010

Third Circuit's Decision in Brown v. Nutrition Management Services Co. Reinforces Standards for New Trials and Front Pay Awards under FMLA Introduction The case of Melissa Brown v. Nutrition...

Enforcement of Settlement Agreements in Franchise Disputes: California Sun Tanning USA, Inc. v. Electric Beach, Inc.

Date: Mar 12, 2010

Enforcement of Settlement Agreements in Franchise Disputes: California Sun Tanning USA, Inc. v. Electric Beach, Inc. Introduction The case of California Sun Tanning USA, Inc. v. Electric Beach, Inc....

Third Circuit Upholds Good Faith Exception, Clarifies Fourth Amendment Standing in Drug-Related Searches

Date: Mar 10, 2010

Third Circuit Upholds Good Faith Exception, Clarifies Fourth Amendment Standing in Drug-Related Searches Introduction In the case of United States of America v. Edward Stearn, aka Extra, Joseph...

Affirmation of Summary Judgment in Robinson v. Matthews International Corporation: Clarifying the Burden of Proof in Age Discrimination Cases

Date: Mar 9, 2010

Affirmation of Summary Judgment in Robinson v. Matthews International Corporation: Clarifying the Burden of Proof in Age Discrimination Cases Introduction In the case of Stephen W. Robinson v....

Exhaustion of Administrative Remedies in Bivens Actions: Mitchell v. Dodrill et al.

Date: Mar 6, 2010

Exhaustion of Administrative Remedies in Bivens Actions: Mitchell v. Dodrill et al. Introduction Mitchell v. Dodrill et al. is a significant case adjudicated in the United States District Court for...

Third Circuit Affirms Dismissal of IOAA and Sherman Act Claims Against Private Entities in IRS E-Filing Program

Date: Mar 4, 2010

Third Circuit Affirms Dismissal of IOAA and Sherman Act Claims Against Private Entities in IRS E-Filing Program Introduction In the case of Stacie Byers and Deborah A. Seltzer, indi v. dually and on...

Affirmation of Ineffective Assistance of Counsel Standard in REAL v. SUPERINTENDENT SHANNON

Date: Mar 4, 2010

Affirmation of Ineffective Assistance of Counsel Standard in REAL v. SUPERINTENDENT SHANNON Introduction In Torrey B. REAL v. Superintendent SHANNON; The Attorney General of the State of...

Balancing Affidavit Incorporation and Good Faith in Search Warrant Enforcement: Tracey v. United States

Date: Mar 2, 2010

Balancing Affidavit Incorporation and Good Faith in Search Warrant Enforcement: Tracey v. United States Introduction Tracey v. United States, 597 F.3d 140 (3d Cir. 2010), is a pivotal case in the...

United States v. Miller: Establishing Reasonable Limits on Lifetime Supervised Release and Internet Restrictions

Date: Feb 6, 2010

United States v. Miller: Establishing Reasonable Limits on Lifetime Supervised Release and Internet Restrictions Introduction In United States of America v. Donald R. Miller, 594 F.3d 172 (3d Cir....

Affirmation of the Economic Loss Doctrine in Insurance Indemnity Disputes: Travelers Indemnity Co. v. Dammann Co.

Date: Feb 6, 2010

Affirmation of the Economic Loss Doctrine in Insurance Indemnity Disputes: Travelers Indemnity Co. v. Dammann Co. Introduction In the case of The Travelers Indemnity Company v. Dammann Co., Inc., the...

Equitable Tolling of Filing Deadlines for Attorney Fees under Rule 54(d)(2) in Social Security Appeals

Date: Feb 3, 2010

Equitable Tolling of Filing Deadlines for Attorney Fees under Rule 54(d)(2) in Social Security Appeals Introduction The case of Lawrence Walker v. Michael J. Astrue, Commissioner of Social Security,...

US Third Circuit Upholds Delaware's Lethal Injection Protocol as Eighth Amendment-Compliant

Date: Feb 2, 2010

US Third Circuit Upholds Delaware's Lethal Injection Protocol as Eighth Amendment-Compliant Introduction The case of Robert W. Jackson, III v. Carl C. Danberg, Commissioner, Delaware Department of...

Affirming Rule 23 Commonality: Excluding Non-Viable Claims in Nationwide Class Action Settlements

Date: Jan 29, 2010

Affirming Rule 23 Commonality: Excluding Non-Viable Claims in Nationwide Class Action Settlements Introduction The case of SULLIVAN v. DB INVESTMENTS, Inc.; De Beers S.A.; De Beers Consolidated...

Affirmation of Summary Judgment in Employment Discrimination Case: Standards for Hostile Work Environment and Retaliation

Date: Jan 29, 2010

Affirmation of Summary Judgment in Employment Discrimination Case: Standards for Hostile Work Environment and Retaliation Introduction Hector Sanchez, a former Senior Software Specialist at SunGard...

Affirmation of Proximate Causation Standards in § 1983 Actions

Date: Jan 29, 2010

Affirmation of Proximate Causation Standards in § 1983 Actions Introduction The case of Donald J. Burnsworth, Jr. and Diana Burnsworth v. PC Laboratory; Pennsylvania State Police; Daniel Ekis,...

Non-Exemption of Helicopter Pilots under the Fair Labor Standards Act: Pignataro & Chase v. Port Authority of NY & NJ

Date: Jan 28, 2010

Non-Exemption of Helicopter Pilots under the Fair Labor Standards Act: Pignataro & Chase v. Port Authority of NY & NJ Introduction In the landmark case of Michael G. Pignataro; Thompson R. Chase v....

Sum Certain Requirement as a Jurisdictional Threshold under the Federal Tort Claims Act: Analysis of White-Squire v. USPS

Date: Jan 28, 2010

Sum Certain Requirement as a Jurisdictional Threshold under the Federal Tort Claims Act: Analysis of White-Squire v. USPS Introduction Monica WHITE-SQUIRE; John Squire, Appellants v. UNITED STATES...