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  • Commentaries
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3d Circuit Case Commentaries

Limitations on Pro Se Plaintiffs in False Claims Act Actions: Analysis of Rothman v. Cabana Series IV Trustees

Limitations on Pro Se Plaintiffs in False Claims Act Actions: Analysis of Rothman v. Cabana Series IV Trustees

Date: Apr 3, 2024
Limitations on Pro Se Plaintiffs in False Claims Act Actions: Analysis of Rothman v. Cabana Series IV Trustees Introduction The case of Ronald S. Rothman v. Cabana Series IV Trust et al. was...
Third Circuit Clarifies Standing Requirements in Insurance Class Actions: Taxes-and-Fees Claims Certified, Condition Adjustment Claims Dismissed

Third Circuit Clarifies Standing Requirements in Insurance Class Actions: Taxes-and-Fees Claims Certified, Condition Adjustment Claims Dismissed

Date: Apr 3, 2024
Third Circuit Clarifies Standing Requirements in Insurance Class Actions: Taxes-and-Fees Claims Certified, Condition Adjustment Claims Dismissed Introduction In the case of Sherry Lewis; David V....
Defining True Threats: United States v. Davitashvili Sets New Precedent on Protected Speech Under 18 U.S.C. §875(c)

Defining True Threats: United States v. Davitashvili Sets New Precedent on Protected Speech Under 18 U.S.C. §875(c)

Date: Apr 2, 2024
Defining True Threats: United States v. Davitashvili Sets New Precedent on Protected Speech Under 18 U.S.C. §875(c) Introduction The case of United States of America v. Davit Davitashvili (97 F.4th...
Revising Causal Standards in Retaliation Claims: Murray v. McCoy and Associates

Revising Causal Standards in Retaliation Claims: Murray v. McCoy and Associates

Date: Mar 29, 2024
Revising Causal Standards in Retaliation Claims: Murray v. McCoy and Associates Introduction In the landmark case Bray Jibril Murray v. Colleen McCoy et al., the United States Court of Appeals for...
Affirmation of Dismissal in Whistleblower Qui Tam Action: Lemons v. Megurian & Kruszewski

Affirmation of Dismissal in Whistleblower Qui Tam Action: Lemons v. Megurian & Kruszewski

Date: Mar 29, 2024
Affirmation of Dismissal in Whistleblower Qui Tam Action: Lemons v. Megurian & Kruszewski Introduction In the case of Christina Lemons v. Garen Megurian, Esquire; Stefan P. Kruszewski, M.D., the...
Reevaluating Second Amendment Interpretations: Lara v. Commissioner Pennsylvania State Police

Reevaluating Second Amendment Interpretations: Lara v. Commissioner Pennsylvania State Police

Date: Mar 28, 2024
Reevaluating Second Amendment Interpretations: Lara v. Commissioner Pennsylvania State Police Introduction Case: Madison M. Lara; Sophia Knepley; Logan D. Miller; Second Amendment Foundation, Inc.;...
Pennsylvania Mail-In Ballot Date Requirement and the Materiality Provision: A Comprehensive Commentary

Pennsylvania Mail-In Ballot Date Requirement and the Materiality Provision: A Comprehensive Commentary

Date: Mar 28, 2024
Pennsylvania Mail-In Ballot Date Requirement and the Materiality Provision: A Comprehensive Commentary Introduction The recent appellate decision in Pennsylvania State Conference of NAACP Branches et...
Certificate of Merit Requirement in Medical-Related Tort Claims: Analyzing Sutton v. Secretary of U.S. Dept. of Veterans Affairs

Certificate of Merit Requirement in Medical-Related Tort Claims: Analyzing Sutton v. Secretary of U.S. Dept. of Veterans Affairs

Date: Mar 27, 2024
Certificate of Merit Requirement in Medical-Related Tort Claims: Analyzing Sutton v. Secretary of U.S. Dept. of Veterans Affairs Introduction In the case of Thomas Sutton v. Secretary of United...
Enhanced Protections for Habeas Petitioners: Fooks v. Superintendent, Smithfield Sci Establishes Right to Evidentiary Hearings on Ineffective Assistance Claims

Enhanced Protections for Habeas Petitioners: Fooks v. Superintendent, Smithfield Sci Establishes Right to Evidentiary Hearings on Ineffective Assistance Claims

Date: Mar 27, 2024
Enhanced Protections for Habeas Petitioners: Fooks v. Superintendent, Smithfield Sci Establishes Right to Evidentiary Hearings on Ineffective Assistance Claims Introduction In the landmark case of...
Compassionate Release Denied in United States v. Jonathan Wiktorchik: A Comprehensive Analysis

Compassionate Release Denied in United States v. Jonathan Wiktorchik: A Comprehensive Analysis

Date: Mar 26, 2024
Compassionate Release Denied in United States v. Jonathan Wiktorchik: A Comprehensive Analysis Introduction United States of America v. Jonathan Paul Wiktorchik, Jr. is a noteworthy decision from the...
Affirmation of Dismissal for Frivolous Claims Under 28 U.S.C. § 1915

Affirmation of Dismissal for Frivolous Claims Under 28 U.S.C. § 1915

Date: Mar 26, 2024
Affirmation of Dismissal for Frivolous Claims Under 28 U.S.C. § 1915 Introduction In the case of Adam I. Murse v. Mary L. Murse, adjudicated by the United States Court of Appeals, Third Circuit on...
Establishing Taxpayer Rights Against IRS Offset Practices: Zuch v. Commissioner of Internal Revenue

Establishing Taxpayer Rights Against IRS Offset Practices: Zuch v. Commissioner of Internal Revenue

Date: Mar 23, 2024
Establishing Taxpayer Rights Against IRS Offset Practices: Zuch v. Commissioner of Internal Revenue Introduction In the landmark case of Jennifer Zuch v. Commissioner of Internal Revenue, 97 F.4th 81...
Affirmation of Sanctions and Forfeiture of Structural Challenges in Bankruptcy Proceedings

Affirmation of Sanctions and Forfeiture of Structural Challenges in Bankruptcy Proceedings

Date: Mar 23, 2024
Affirmation of Sanctions and Forfeiture of Structural Challenges in Bankruptcy Proceedings Introduction In the case of In Re: Jeffrey J. Prosser, Debtor v. Toby Gerber et al., the United States Court...
Third Circuit Establishes Inclusion of Rule 4(m) Extensions in Rule 15(c)(1)(C) Relation-Back Analysis

Third Circuit Establishes Inclusion of Rule 4(m) Extensions in Rule 15(c)(1)(C) Relation-Back Analysis

Date: Mar 22, 2024
Third Circuit Establishes Inclusion of Rule 4(m) Extensions in Rule 15(c)(1)(C) Relation-Back Analysis Introduction In the landmark case of Troy Lamont Moore, Sr. v. C.O. Saajida Walton, 96 F.4th 616...
Affirmation of High Standards for Hostile Work Environment Claims: Sherry Norris v. NLMK Pennsylvania LLC

Affirmation of High Standards for Hostile Work Environment Claims: Sherry Norris v. NLMK Pennsylvania LLC

Date: Mar 22, 2024
Affirmation of High Standards for Hostile Work Environment Claims: Sherry Norris v. NLMK Pennsylvania LLC Introduction In the case of Sherry Norris, Appellant v. NLMK Pennsylvania LLC; Sharon Coating...
Affirmation of Eighth Amendment Protections and Sovereign Immunity in Prison Assault Cases

Affirmation of Eighth Amendment Protections and Sovereign Immunity in Prison Assault Cases

Date: Mar 22, 2024
Affirmation of Eighth Amendment Protections and Sovereign Immunity in Prison Assault Cases Introduction In the case of Gartor Kiki Brown v. Lt. Maxwell et al., the United States Court of Appeals for...
Affirmation of District Court Judgment in D'Agostino v. Secretary United States Air Force

Affirmation of District Court Judgment in D'Agostino v. Secretary United States Air Force

Date: Mar 22, 2024
Affirmation of District Court Judgment in D'Agostino v. Secretary United States Air Force Introduction In the case of Steven D'Agostino v. Secretary United States Air Force, the United States Court...
Dervitz v. ARS National Services Inc.: Article III Standing in FDCPA Claims

Dervitz v. ARS National Services Inc.: Article III Standing in FDCPA Claims

Date: Mar 20, 2024
Dervitz v. ARS National Services Inc.: Article III Standing in FDCPA Claims Introduction In the case of Samantha Dervitz v. ARS National Services Inc., the United States Court of Appeals for the...
Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust: Defining "Covered Persons" Under the CFPA

Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust: Defining "Covered Persons" Under the CFPA

Date: Mar 20, 2024
Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust: Defining "Covered Persons" Under the CFPA Introduction In the case of Consumer Financial Protection Bureau v....
Clarifying the Applicability of 28 U.S.C. §2241 in Collateral Attacks on Sentences: Analysis of Fatiga v. Warden Fairton FCI

Clarifying the Applicability of 28 U.S.C. §2241 in Collateral Attacks on Sentences: Analysis of Fatiga v. Warden Fairton FCI

Date: Mar 19, 2024
Clarifying the Applicability of 28 U.S.C. §2241 in Collateral Attacks on Sentences: Analysis of Fatiga v. Warden Fairton FCI Introduction Fatiga v. Warden Fairton FCI is a recent decision by the...
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