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  • Commentaries
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3d Circuit Case Commentaries

Third Circuit Upholds Summary Judgment in ADA and Rehabilitation Act Claims: Mundy v. City of Pittsburgh

Third Circuit Upholds Summary Judgment in ADA and Rehabilitation Act Claims: Mundy v. City of Pittsburgh

Date: Dec 9, 2024
Third Circuit Upholds Summary Judgment in ADA and Rehabilitation Act Claims: Mundy v. City of Pittsburgh Introduction In the case of Sharon Mundy, Appellant v. City of Pittsburgh, the United States...
Reversal of Summary Judgment in Brusamonti v. XTO Energy: Implications for Class Certification and Contractual Notice Provisions

Reversal of Summary Judgment in Brusamonti v. XTO Energy: Implications for Class Certification and Contractual Notice Provisions

Date: Dec 9, 2024
Reversal of Summary Judgment in Brusamonti v. XTO Energy: Implications for Class Certification and Contractual Notice Provisions Introduction The case of Peter Brusamonti and Lisa Brusamonti v. XTO...
Third Circuit Upholds Alter Ego Doctrine: PDVSA as Venezuela's Instrumentality Under FSIA

Third Circuit Upholds Alter Ego Doctrine: PDVSA as Venezuela's Instrumentality Under FSIA

Date: Dec 9, 2024
Third Circuit Upholds Alter Ego Doctrine: PDVSA as Venezuela's Instrumentality Under FSIA Introduction In the landmark case of ConocoPhillips Petrozubata BV; ConocoPhillips Hamaca BV; ConocoPhillips...
Pleading Specificity and Fourth Amendment Reasonableness in ICE Passport Seizures: The Third Circuit Reaffirms That Conclusory Allegations Cannot Sustain Injunctive Return-of-Property Claims

Pleading Specificity and Fourth Amendment Reasonableness in ICE Passport Seizures: The Third Circuit Reaffirms That Conclusory Allegations Cannot Sustain Injunctive Return-of-Property Claims

Date: Dec 5, 2024
Pleading Specificity and Fourth Amendment Reasonableness in ICE Passport Seizures: The Third Circuit Reaffirms That Conclusory Allegations Cannot Sustain Injunctive Return-of-Property Claims Case:...
Trustworthiness Trumps Certification: Third Circuit Clarifies Preservation Standards and Upholds Discharge for Lack of Intent under § 523(a)(2)(B)

Trustworthiness Trumps Certification: Third Circuit Clarifies Preservation Standards and Upholds Discharge for Lack of Intent under § 523(a)(2)(B)

Date: Dec 5, 2024
Trustworthiness Trumps Certification: Third Circuit Clarifies Preservation Standards and Upholds Discharge for Lack of Intent under § 523(a)(2)(B) Introduction This appeal from the United States...
Indefinite Leave Is Not a Reasonable NJLAD Accommodation; Decisionmaker Knowledge and Pre‑Existing Termination Plans Defeat Retaliation: Commentary on Wong v. RWJ Barnabas Health (3d Cir. 2024)

Indefinite Leave Is Not a Reasonable NJLAD Accommodation; Decisionmaker Knowledge and Pre‑Existing Termination Plans Defeat Retaliation: Commentary on Wong v. RWJ Barnabas Health (3d Cir. 2024)

Date: Dec 5, 2024
Indefinite Leave Is Not a Reasonable NJLAD Accommodation; Decisionmaker Knowledge and Pre‑Existing Termination Plans Defeat Retaliation Case: Susan Wong v. RWJ Barnabas Health; Clara Maass Medical...
Compliance Is Not Enough: Third Circuit Reaffirms Broad Discretion Over Early Termination of Supervised Release and Confirms Appellate Review Despite Misstated Notice

Compliance Is Not Enough: Third Circuit Reaffirms Broad Discretion Over Early Termination of Supervised Release and Confirms Appellate Review Despite Misstated Notice

Date: Dec 5, 2024
Compliance Is Not Enough: Third Circuit Reaffirms Broad Discretion Over Early Termination of Supervised Release and Confirms Appellate Review Despite Misstated Notice Introduction In United States v....
Third Circuit Confirms that CMS Online Data and State Health Department Webpages Trigger the FCA Public Disclosure Bar

Third Circuit Confirms that CMS Online Data and State Health Department Webpages Trigger the FCA Public Disclosure Bar

Date: Dec 4, 2024
United States ex rel. Stebbins v. Maraposa Surgical, Inc., affirming dismissal under the False Claims Act public disclosure bar based on CMS and Pennsylvania DOH online publications." /> Third...
Voluntary Resignation Forecloses Adverse-Action and FMLA-Interference Claims When Leave Decisions Are Made by a Third-Party Administrator

Voluntary Resignation Forecloses Adverse-Action and FMLA-Interference Claims When Leave Decisions Are Made by a Third-Party Administrator

Date: Dec 4, 2024
Voluntary Resignation Forecloses Adverse-Action and FMLA-Interference Claims When Leave Decisions Are Made by a Third-Party Administrator Introduction In this nonprecedential opinion, the United...
CMS Long‑Term Care Arbitration Rule Cannot Supply Federal‑Question Jurisdiction for FAA § 10 Vacatur Petitions: Third Circuit Reaffirms Badgerow and Grable Limits

CMS Long‑Term Care Arbitration Rule Cannot Supply Federal‑Question Jurisdiction for FAA § 10 Vacatur Petitions: Third Circuit Reaffirms Badgerow and Grable Limits

Date: Dec 3, 2024
CMS Long‑Term Care Arbitration Rule Cannot Supply Federal‑Question Jurisdiction for FAA § 10 Vacatur Petitions: Third Circuit Reaffirms Badgerow and Grable Limits Introduction This Third Circuit...
Either an Aggravating Role or a Continuing Criminal Enterprise Disqualifies a “Zero‑Point Offender” Reduction: Third Circuit Affirms Disjunctive Reading of U.S.S.G. § 4C1.1(a)(10)

Either an Aggravating Role or a Continuing Criminal Enterprise Disqualifies a “Zero‑Point Offender” Reduction: Third Circuit Affirms Disjunctive Reading of U.S.S.G. § 4C1.1(a)(10)

Date: Dec 3, 2024
Either an Aggravating Role or a Continuing Criminal Enterprise Disqualifies a “Zero‑Point Offender” Reduction: Third Circuit Affirms Disjunctive Reading of U.S.S.G. § 4C1.1(a)(10) Introduction This...
Reaffirming Sua Sponte Claim Preclusion and Judicial Immunity: Third Circuit Affirms Dismissal of Repeat Civil-Rights Suit in Ouaziz v. Murphy

Reaffirming Sua Sponte Claim Preclusion and Judicial Immunity: Third Circuit Affirms Dismissal of Repeat Civil-Rights Suit in Ouaziz v. Murphy

Date: Dec 3, 2024
Reaffirming Sua Sponte Claim Preclusion and Judicial Immunity: Third Circuit Affirms Dismissal of Repeat Civil-Rights Suit in Ouaziz v. Murphy Introduction In this non-precedential per curiam...
Enforcement of Statutory Medical Examination Procedures in Insurance Contracts: Benscoter v. Nationwide Mutual Insurance Company

Enforcement of Statutory Medical Examination Procedures in Insurance Contracts: Benscoter v. Nationwide Mutual Insurance Company

Date: Nov 30, 2024
Enforcement of Statutory Medical Examination Procedures in Insurance Contracts: Benscoter v. Nationwide Mutual Insurance Company Introduction The case of Benscoter v. Nationwide Mutual Insurance...
Affirmation of Summary Judgment in Burdge v. Verizon: Reinforcing Standards for Age Discrimination Claims

Affirmation of Summary Judgment in Burdge v. Verizon: Reinforcing Standards for Age Discrimination Claims

Date: Nov 28, 2024
Affirmation of Summary Judgment in Burdge v. Verizon: Reinforcing Standards for Age Discrimination Claims Introduction In the case of Charles F. Burdge v. Verizon Corporate Resources Group LLC, the...
Third Circuit Clarifies Jury's Role in Sentencing Enhancements and Upholds Consecutive Sentences in Child-Pornography Case

Third Circuit Clarifies Jury's Role in Sentencing Enhancements and Upholds Consecutive Sentences in Child-Pornography Case

Date: Nov 27, 2024
Third Circuit Clarifies Jury's Role in Sentencing Enhancements and Upholds Consecutive Sentences in Child-Pornography Case Introduction In the landmark case of United States of America v. Luis Perez...
Third Circuit Upholds Probable Cause and Declines Supplemental Jurisdiction in §1983 Claims: Barraclough & Yan v. Animal Friends, Inc.

Third Circuit Upholds Probable Cause and Declines Supplemental Jurisdiction in §1983 Claims: Barraclough & Yan v. Animal Friends, Inc.

Date: Nov 25, 2024
Third Circuit Upholds Probable Cause and Declines Supplemental Jurisdiction in §1983 Claims Introduction In the case of William Barraclough and Fang Yan v. Animal Friends, Inc.; Justin Galvin; Krista...
Affirmation of Conviction in United States v. Ricky Hubbard: Analysis of Fourth and Sixth Amendment Applications

Affirmation of Conviction in United States v. Ricky Hubbard: Analysis of Fourth and Sixth Amendment Applications

Date: Nov 25, 2024
Affirmation of Conviction in United States v. Ricky Hubbard: Analysis of Fourth and Sixth Amendment Applications Introduction United States of America v. Ricky Hubbard is a criminal case adjudicated...
Limitations on the Testamentary Exception to Attorney-Client Privilege in Third-Party Communications

Limitations on the Testamentary Exception to Attorney-Client Privilege in Third-Party Communications

Date: Nov 22, 2024
Limitations on the Testamentary Exception to Attorney-Client Privilege in Third-Party Communications Introduction The case of Alexis Kyriakopoulos v. Robert Z. Maigetter presents a pivotal analysis...
Affirmation of Minimal Indicia Standard in State Sentencing: Smack v. Superintendent Mahanoy SCI

Affirmation of Minimal Indicia Standard in State Sentencing: Smack v. Superintendent Mahanoy SCI

Date: Nov 22, 2024
Affirmation of Minimal Indicia Standard in State Sentencing: Smack v. Superintendent Mahanoy SCI Introduction Smack v. Superintendent Mahanoy SCI; Attorney General Delaware is a pivotal case in the...
Enhancement for Obstruction of Justice Under USSG §3C1.1: Insights from United States v. Jose Soto

Enhancement for Obstruction of Justice Under USSG §3C1.1: Insights from United States v. Jose Soto

Date: Nov 22, 2024
Enhancement for Obstruction of Justice Under USSG §3C1.1: Insights from United States v. Jose Soto Introduction In the landmark case of United States of America v. Jose Soto, the United States Court...
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