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3d Circuit Case Commentaries

Reaffirming Statutory Limitations and Narrowing Equitable Tolling in Prison Civil Rights Claims

Reaffirming Statutory Limitations and Narrowing Equitable Tolling in Prison Civil Rights Claims

Date: Mar 19, 2025
Reaffirming Statutory Limitations and Narrowing Equitable Tolling in Prison Civil Rights Claims Introduction In the case of Richard Edward Weber v. Erie County, Erie County Prison and multiple...
Clarifying Overdetention Claims: When Heck Does Not Bar an Eighth Amendment Challenge

Clarifying Overdetention Claims: When Heck Does Not Bar an Eighth Amendment Challenge

Date: Mar 19, 2025
Clarifying Overdetention Claims: When Heck Does Not Bar an Eighth Amendment Challenge Introduction The case of Jeffrey E. Herrera v. Agents of Pennsylvania Board of Probation and Parole et al....
Rescission and Mootness: Clarifying Judicial Relief in COVID-19 Executive Order Challenges

Rescission and Mootness: Clarifying Judicial Relief in COVID-19 Executive Order Challenges

Date: Mar 19, 2025
Rescission and Mootness: Clarifying Judicial Relief in COVID-19 Executive Order Challenges Introduction In the case of KATIE SCZESNY; JAMIE RUMFIELD; DEBRA HAGEN; MARIETTE VITTI, Appellants v. PHILIP...
The Mootness Doctrine and Rescission of COVID-19 Executive Orders: A New Framework for Evaluating Judicial Relief

The Mootness Doctrine and Rescission of COVID-19 Executive Orders: A New Framework for Evaluating Judicial Relief

Date: Mar 19, 2025
The Mootness Doctrine and Rescission of COVID-19 Executive Orders: A New Framework for Evaluating Judicial Relief Introduction In a case involving four former nurses—Katie Sczesny, Jamie Rumfield,...
NORMAN SHAW, JR. v. WAYNE MEMORIAL HOSPITAL: Clarifying EMTALA’s Screening Limitations in Emergency Care

NORMAN SHAW, JR. v. WAYNE MEMORIAL HOSPITAL: Clarifying EMTALA’s Screening Limitations in Emergency Care

Date: Mar 19, 2025
NORMAN SHAW, JR. v. WAYNE MEMORIAL HOSPITAL: Clarifying EMTALA’s Screening Limitations in Emergency Care Introduction This commentary examines the recent decision from the United States Court of...
Defining Fourth Amendment Standing in Commercial Drug Distribution Contexts: United States v. Loyal

Defining Fourth Amendment Standing in Commercial Drug Distribution Contexts: United States v. Loyal

Date: Mar 19, 2025
Defining Fourth Amendment Standing in Commercial Drug Distribution Contexts: United States v. Loyal Introduction The United States Court of Appeals for the Third Circuit, in its non-precedential...
Arbitrator Authority Affirmed: Expanding the Basis for Awarding Attorney's Fees in Arbitration

Arbitrator Authority Affirmed: Expanding the Basis for Awarding Attorney's Fees in Arbitration

Date: Mar 15, 2025
Arbitrator Authority Affirmed: Expanding the Basis for Awarding Attorney's Fees in Arbitration Introduction The case of DAVISON DESIGN & DEVELOPMENT, INC., Appellant v. MARIO SCORZA before the United...
Refining Equitable Tolling and Ineffective Assistance Requirements in Immigration Reopening Motions

Refining Equitable Tolling and Ineffective Assistance Requirements in Immigration Reopening Motions

Date: Mar 15, 2025
Refining Equitable Tolling and Ineffective Assistance Requirements in Immigration Reopening Motions Introduction The case of Cesar Obed Almendares v. Attorney General of the United States of America...
Sentencing Precision in False Statement Firearms Purchases: Balancing Mitigating Factors and Public Safety

Sentencing Precision in False Statement Firearms Purchases: Balancing Mitigating Factors and Public Safety

Date: Mar 15, 2025
Sentencing Precision in False Statement Firearms Purchases: Balancing Mitigating Factors and Public Safety Introduction The case UNITED STATES OF AMERICA v. ZHI DONG involves an appellant who was...
Clarifying the Standard of Review for Hardship Determinations in Cancellation-of-Removal Proceedings

Clarifying the Standard of Review for Hardship Determinations in Cancellation-of-Removal Proceedings

Date: Mar 14, 2025
Clarifying the Standard of Review for Hardship Determinations in Cancellation-of-Removal Proceedings Introduction The case of Situ Kamu Wilkinson v. Attorney General United States of America...
Limiting Compassionate Release Based on Non-Retroactive Law Changes: A Commentary on UNITED STATES OF AMERICA v. SEAN L. HAGINS

Limiting Compassionate Release Based on Non-Retroactive Law Changes: A Commentary on UNITED STATES OF AMERICA v. SEAN L. HAGINS

Date: Mar 13, 2025
Limiting Compassionate Release Based on Non-Retroactive Law Changes Introduction The case of UNITED STATES OF AMERICA v. SEAN L. HAGINS involves a procedural dispute regarding the denial of both a...
Clarifying the Knowledge Requirement in Money Laundering Conspiracy Cases

Clarifying the Knowledge Requirement in Money Laundering Conspiracy Cases

Date: Mar 13, 2025
Clarifying the Knowledge Requirement in Money Laundering Conspiracy Cases Introduction The case of UNITED STATES OF AMERICA v. OLUGBENGA LAWAL, a/k/a Razak Aolugbengela, addressed intricate issues...
Clarifying Supervised Release Boundaries: Judicial Limits on Pornography Restrictions and the First Amendment

Clarifying Supervised Release Boundaries: Judicial Limits on Pornography Restrictions and the First Amendment

Date: Mar 13, 2025
Clarifying Supervised Release Boundaries: Judicial Limits on Pornography Restrictions and the First Amendment Introduction The case of United States of America v. Michael Shane Waggoner addresses...
Judicial Boundaries of Self-Representation: Clarifying the Revocation and Discipline of Pro Se Conduct

Judicial Boundaries of Self-Representation: Clarifying the Revocation and Discipline of Pro Se Conduct

Date: Mar 10, 2025
Judicial Boundaries of Self-Representation: Clarifying the Revocation and Discipline of Pro Se Conduct Introduction The case of United States of America v. James Taric Byrd presents a complex...
Express Authorization in Settlement Agreements: Ensuring Clear Client Consent

Express Authorization in Settlement Agreements: Ensuring Clear Client Consent

Date: Mar 10, 2025
Express Authorization in Settlement Agreements: Ensuring Clear Client Consent Introduction The case under review, SERVIS ONE INC, d/b/a BSI Financial Services, Inc. et al. v. OKS GROUP LLC et al.,...
Municipal Immunity in Inmate Assault Cases: The Limits of Deliberate Indifference

Municipal Immunity in Inmate Assault Cases: The Limits of Deliberate Indifference

Date: Mar 10, 2025
Municipal Immunity in Inmate Assault Cases: The Limits of Deliberate Indifference Introduction The Judgment in Richard Hightower, Appellant v. City of Philadelphia addresses the question of municipal...
Grand Jury Presentments and the Presumption of Probable Cause: A Clarification in Malicious Prosecution Claims

Grand Jury Presentments and the Presumption of Probable Cause: A Clarification in Malicious Prosecution Claims

Date: Mar 10, 2025
Grand Jury Presentments and the Presumption of Probable Cause: A Clarification in Malicious Prosecution Claims Introduction The case of Carl E. Rodgers v. Pennsylvania State Police involves a civil...
The Limits of Self-Defense: Evaluating Juror Instruction in Federal Detention Cases

The Limits of Self-Defense: Evaluating Juror Instruction in Federal Detention Cases

Date: Mar 10, 2025
The Limits of Self-Defense: Evaluating Juror Instruction in Federal Detention Cases Introduction The case UNITED STATES OF AMERICA, v. DARRON THOMAS presents a significant judicial exploration of...
De Minimis Procedural Defects in Removal: Affirming District Court Discretion

De Minimis Procedural Defects in Removal: Affirming District Court Discretion

Date: Mar 10, 2025
De Minimis Procedural Defects in Removal: Affirming District Court Discretion Introduction The case of Gilbert M. Martinez, Appellant v. The Commonwealth of Pennsylvania Department of Transportation;...
Defining the Limits of the Sullivan Exception: A Detailed Analysis of Tormasi’s Ineffective Assistance of Counsel Claim

Defining the Limits of the Sullivan Exception: A Detailed Analysis of Tormasi’s Ineffective Assistance of Counsel Claim

Date: Mar 6, 2025
Defining the Limits of the Sullivan Exception: A Detailed Analysis of Tormasi’s Ineffective Assistance of Counsel Claim Introduction The case of Walter A. Tormasi v. Attorney General New Jersey;...
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