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  • Commentaries
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3d Circuit Case Commentaries

Unconstitutional Confidentiality in Educator Misconduct Complaints: Pepper v. Attorney General of Pennsylvania

Unconstitutional Confidentiality in Educator Misconduct Complaints: Pepper v. Attorney General of Pennsylvania

Date: Dec 16, 2024
Unconstitutional Confidentiality in Educator Misconduct Complaints: Pepper v. Attorney General of Pennsylvania Introduction James Pepper v. Attorney General of Pennsylvania; District Attorney Bucks...
Third Circuit Affirms Application of Three-Strikes Law in Martin Case

Third Circuit Affirms Application of Three-Strikes Law in Martin Case

Date: Dec 16, 2024
Third Circuit Affirms Application of Three-Strikes Law in Martin Case Introduction In the case of United States of America v. Robert Earl Martin, the United States Court of Appeals for the Third...
Estrada v. United States: Interpretation of 18 U.S.C. § 3582(c) in Compassionate Release

Estrada v. United States: Interpretation of 18 U.S.C. § 3582(c) in Compassionate Release

Date: Dec 16, 2024
Estrada v. United States: Interpretation of 18 U.S.C. § 3582(c) in Compassionate Release Introduction Estrada v. United States is a noteworthy case adjudicated by the United States Court of Appeals...
Clarifying Injunctive Relief Standards in Political Speech Cases: Sheliga v. Windber

Clarifying Injunctive Relief Standards in Political Speech Cases: Sheliga v. Windber

Date: Dec 16, 2024
Clarifying Injunctive Relief Standards in Political Speech Cases: Sheliga v. Windber Introduction In the case of Michael John Sheliga v. Borough of Windber; Brian Miller, Windber Borough Police...
Limits to CREAMMA's Employment Protections for Prospective Employees: Insights from Zanetich v. Walmart East

Limits to CREAMMA's Employment Protections for Prospective Employees: Insights from Zanetich v. Walmart East

Date: Dec 11, 2024
Limits to CREAMMA's Employment Protections for Prospective Employees: Insights from Zanetich v. Walmart East Introduction The case Erick Zanetich v. Walmart Stores East, Inc., decided by the United...
Mandatory Bargaining on Hazard Pay and Expiration of CBA Clauses: Insights from Alaris Health v. NLRB

Mandatory Bargaining on Hazard Pay and Expiration of CBA Clauses: Insights from Alaris Health v. NLRB

Date: Dec 11, 2024
Mandatory Bargaining on Hazard Pay and Expiration of CBA Clauses: Insights from Alaris Health v. NLRB Introduction In the landmark case of Alaris Health at Boulevard East v. National Labor Relations...
Proper Application of Poulis Factors in Dismissal with Prejudice

Proper Application of Poulis Factors in Dismissal with Prejudice

Date: Dec 11, 2024
Proper Application of Poulis Factors in Dismissal with Prejudice Introduction In the case of Janet Sloan, Appellant v. Sloan Construction Company; Leon Sloan, Sr.; Sara Sloan, adjudicated by the...
Administrative Exhaustion and Waiver in Asylum Claims: Analysis of Ojeda-Guaman v. Attorney General

Administrative Exhaustion and Waiver in Asylum Claims: Analysis of Ojeda-Guaman v. Attorney General

Date: Dec 11, 2024
Administrative Exhaustion and Waiver in Asylum Claims: Analysis of Ojeda-Guaman v. Attorney General Introduction In the case of Johana Ojeda-Guaman v. Attorney General United States of America, the...
Third Circuit Upholds First Step Act's Good Time Credit Exclusions Against Ex Post Facto and Equal Protection Claims

Third Circuit Upholds First Step Act's Good Time Credit Exclusions Against Ex Post Facto and Equal Protection Claims

Date: Dec 11, 2024
Third Circuit Upholds First Step Act's Good Time Credit Exclusions Against Ex Post Facto and Equal Protection Claims Introduction In the matter of Vincent Pisciotta v. Warden Fort Dix FCI, the United...
Establishing the Substantial-Certainty Standard in Workers' Compensation: Paracha v. Darling Ingredients Inc.

Establishing the Substantial-Certainty Standard in Workers' Compensation: Paracha v. Darling Ingredients Inc.

Date: Dec 9, 2024
Establishing the Substantial-Certainty Standard in Workers' Compensation: Paracha v. Darling Ingredients Inc. Introduction The case of Maqbool Paracha; Lubna Paracha v. Darling Ingredients Inc.;...
Affirmation of Dismissal Under Bivens and §1983: Shaffer v. Bloom et al.

Affirmation of Dismissal Under Bivens and §1983: Shaffer v. Bloom et al.

Date: Dec 9, 2024
Affirmation of Dismissal Under Bivens and §1983: Shaffer v. Bloom et al. Introduction In the case of Justin Eric Shaffer v. Daryl Bloom et al., the United States Court of Appeals for the Third...
Enhancing Due Process: Vacatur of Default Judgments in Nifty Home Products Inc. v. Multiple Defendants

Enhancing Due Process: Vacatur of Default Judgments in Nifty Home Products Inc. v. Multiple Defendants

Date: Dec 9, 2024
Enhancing Due Process: Vacatur of Default Judgments in Nifty Home Products Inc. v. Multiple Defendants Introduction In the landmark case of Nifty Home Products Inc. v. Multiple Defendants, the United...
Remand for Proper Application of Poulis Factors in Dismissal for Failure to Prosecute

Remand for Proper Application of Poulis Factors in Dismissal for Failure to Prosecute

Date: Dec 9, 2024
Remand for Proper Application of Poulis Factors in Dismissal for Failure to Prosecute Introduction In the case of Janet Sloan v. Sloan Construction Company et al., adjudicated by the United States...
Affirmation of ALJ's Decision in Social Security Disability Claim: Application of the Treating Physician Rule

Affirmation of ALJ's Decision in Social Security Disability Claim: Application of the Treating Physician Rule

Date: Dec 9, 2024
Affirmation of ALJ's Decision in Social Security Disability Claim: Application of the Treating Physician Rule Introduction The case of Christine E. Dimter v. Commissioner Social Security revolves...
Leader-Or-Organizer Enhancement in Contraband Distribution: Insights from United States v. Omari Howard Patton

Leader-Or-Organizer Enhancement in Contraband Distribution: Insights from United States v. Omari Howard Patton

Date: Dec 9, 2024
Leader-Or-Organizer Enhancement in Contraband Distribution: Insights from United States v. Omari Howard Patton Introduction In the landmark case of United States of America v. Omari Howard Patton,...
Third Circuit Affirms Indemnification Under Coexisting Settlement and Indemnification Agreements Based on Potential Liability

Third Circuit Affirms Indemnification Under Coexisting Settlement and Indemnification Agreements Based on Potential Liability

Date: Dec 9, 2024
Third Circuit Affirms Indemnification Under Coexisting Settlement and Indemnification Agreements Based on Potential Liability Introduction In the case of Jocelyn Manship; Julie Weisman v. Jason...
Third Circuit Affirms Dismissal of Securities Fraud Claims in Carole Tibbs v. electroCore: Implications for Pleading Standards

Third Circuit Affirms Dismissal of Securities Fraud Claims in Carole Tibbs v. electroCore: Implications for Pleading Standards

Date: Dec 9, 2024
Third Circuit Affirms Dismissal of Securities Fraud Claims in Carole Tibbs v. electroCore: Implications for Pleading Standards Introduction In the case of Carole Tibbs, Appellant v. electroCore,...
Affirmation of Appellate Waiver and Justified Traffic Stop in United States v. Morrison

Affirmation of Appellate Waiver and Justified Traffic Stop in United States v. Morrison

Date: Dec 9, 2024
Affirmation of Appellate Waiver and Justified Traffic Stop in United States v. Morrison Introduction In the case of United States of America v. Frankie Leon Morrison, the United States Court of...
Interpretation of Additional Insured Endorsements and Duty to Defend: Westminster Am. Ins. Co. v. Security Nat. Ins. Co.

Interpretation of Additional Insured Endorsements and Duty to Defend: Westminster Am. Ins. Co. v. Security Nat. Ins. Co.

Date: Dec 9, 2024
Interpretation of Additional Insured Endorsements and Duty to Defend: Westminster Am. Ins. Co. v. Security Nat. Ins. Co. Introduction The case of Westminster American Insurance Co.; Waldy Reyes;...
Third Circuit Upholds Insurer’s Duty to Defend in Fraudulent Misrepresentation Claims: Zenith Insurance Co. v. Newell

Third Circuit Upholds Insurer’s Duty to Defend in Fraudulent Misrepresentation Claims: Zenith Insurance Co. v. Newell

Date: Dec 9, 2024
Third Circuit Upholds Insurer’s Duty to Defend in Fraudulent Misrepresentation Claims: Zenith Insurance Co. v. Newell Introduction The case of Zenith Insurance Company v. Martin P. Newell, Jr.;...
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