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  • Commentaries
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3d Circuit Case Commentaries

Limits on Extending Bivens for Eighth Amendment Claims in Federal Prisons

Limits on Extending Bivens for Eighth Amendment Claims in Federal Prisons

Date: Aug 22, 2024
Limits on Extending Bivens for Eighth Amendment Claims in Federal Prisons Introduction In the appellate case John O. Kalu v. Mr. Spaulding, Warden of FCI-Allenwood, the United States Court of Appeals...
Bivens Claims Against Federal Prison Officials for Inmate-On-Inmate Assault Not Viable: Third Circuit Affirms Dismissal

Bivens Claims Against Federal Prison Officials for Inmate-On-Inmate Assault Not Viable: Third Circuit Affirms Dismissal

Date: Aug 16, 2024
Bivens Claims Against Federal Prison Officials for Inmate-On-Inmate Assault Not Viable: Third Circuit Affirms Dismissal Introduction In the case of Tony Fisher, a/k/a Kellie Rehanna, Appellant v....
FIFRA Preemption Upholds Federal Labeling Standards: Schaffner v. Monsanto Corporation

FIFRA Preemption Upholds Federal Labeling Standards: Schaffner v. Monsanto Corporation

Date: Aug 16, 2024
FIFRA Preemption Upholds Federal Labeling Standards: Schaffner v. Monsanto Corporation Introduction In the landmark case of Schaffner v. Monsanto Corporation, adjudicated by the United States Court...
Standing Requirements Under FDCPA: Third Circuit Vacates Arbitration Orders in George v. Rushmore Service Center

Standing Requirements Under FDCPA: Third Circuit Vacates Arbitration Orders in George v. Rushmore Service Center

Date: Aug 14, 2024
Standing Requirements Under FDCPA: Third Circuit Vacates Arbitration Orders in George v. Rushmore Service Center Introduction The case of Alison George v. Rushmore Service Center, LLC et al.,...
Affirmation of Summary Judgment in Russo v. Bryn Mawr Trust Company: Implications for Employment Discrimination and Retaliation Claims

Affirmation of Summary Judgment in Russo v. Bryn Mawr Trust Company: Implications for Employment Discrimination and Retaliation Claims

Date: Aug 10, 2024
Affirmation of Summary Judgment in Russo v. Bryn Mawr Trust Company: Implications for Employment Discrimination and Retaliation Claims Introduction In the case of Wandrea Russo v. The Bryn Mawr Trust...
Affirmation of Supervised Release Conditions in United States v. Kaetz

Affirmation of Supervised Release Conditions in United States v. Kaetz

Date: Aug 9, 2024
Affirmation of Supervised Release Conditions in United States v. Kaetz Introduction In United States of America v. William F. Kaetz, decided by the United States Court of Appeals for the Third...
Establishing Materiality in FCA Qui Tam Actions: Third Circuit Affirms Merck’s Summary Judgment

Establishing Materiality in FCA Qui Tam Actions: Third Circuit Affirms Merck’s Summary Judgment

Date: Aug 7, 2024
Establishing Materiality in FCA Qui Tam Actions: Third Circuit Affirms Merck’s Summary Judgment Introduction In the landmark case of United States of America ex rel. Stephen A. Krahling; Joan A....
Restricting Removal Under the Health Centers Act: Centerville Clinics Inc. v. Jane Doe

Restricting Removal Under the Health Centers Act: Centerville Clinics Inc. v. Jane Doe

Date: Aug 7, 2024
Restricting Removal Under the Health Centers Act: Centerville Clinics Inc. v. Jane Doe Introduction The case of Jane Doe, Individually, and on behalf of herself and those similarly situated v....
No Second Amendment Rights for Convicts on Supervised Release: Analysis of United States v. Diontai Moore

No Second Amendment Rights for Convicts on Supervised Release: Analysis of United States v. Diontai Moore

Date: Aug 3, 2024
No Second Amendment Rights for Convicts on Supervised Release: Analysis of United States v. Diontai Moore Introduction In the landmark case United States of America v. Diontai Moore, the United...
Dismissal of Habeas Petition as Patently Frivolous: Third Circuit Establishes Precedent on §2241 Claims Post-CARES Act

Dismissal of Habeas Petition as Patently Frivolous: Third Circuit Establishes Precedent on §2241 Claims Post-CARES Act

Date: Aug 3, 2024
Dismissal of Habeas Petition as Patently Frivolous: Third Circuit Establishes Precedent on §2241 Claims Post-CARES Act Introduction In the recent case of Brian A. Perri v. Warden Fort Dix FCI, the...
Affirming Exhaustion Requirements Under PLRA: Extension Requests Necessary When Administrative Remedies Are Temporarily Unavailable

Affirming Exhaustion Requirements Under PLRA: Extension Requests Necessary When Administrative Remedies Are Temporarily Unavailable

Date: Aug 2, 2024
Affirming Exhaustion Requirements Under PLRA: Extension Requests Necessary When Administrative Remedies Are Temporarily Unavailable Introduction In the appellate case Quintez Talley v. Major Clark et...
Affirmation of the 'Stay-Put' Rule under IDEA in Trenton Public School District v. Foundation Academy Charter School

Affirmation of the 'Stay-Put' Rule under IDEA in Trenton Public School District v. Foundation Academy Charter School

Date: Jul 31, 2024
Affirmation of the 'Stay-Put' Rule under IDEA in Trenton Public School District v. Foundation Academy Charter School Introduction The case Trenton Public School District Board of Education v....
Third Circuit Vacates Summary Judgment in Spivack v. City of Philadelphia: Key Insights on Vaccine Mandates and Religious Exemptions

Third Circuit Vacates Summary Judgment in Spivack v. City of Philadelphia: Key Insights on Vaccine Mandates and Religious Exemptions

Date: Jul 30, 2024
Third Circuit Vacates Summary Judgment in Spivack v. City of Philadelphia: Key Insights on Vaccine Mandates and Religious Exemptions Introduction The case of Rachel Spivack v. City of Philadelphia;...
Affirmation of Remand: Clarifying Jurisdictional Boundaries in Removal Proceedings

Affirmation of Remand: Clarifying Jurisdictional Boundaries in Removal Proceedings

Date: Jul 26, 2024
Affirmation of Remand: Clarifying Jurisdictional Boundaries in Removal Proceedings Introduction The case of Bank of America, N.A. v. George Arsenis adjudicated by the United States Court of Appeals...
Insufficient Allegations to State a Claim Under FCRA: Affirmation of Dismissal in Williams v. Experian

Insufficient Allegations to State a Claim Under FCRA: Affirmation of Dismissal in Williams v. Experian

Date: Jul 18, 2024
Insufficient Allegations to State a Claim Under FCRA: Affirmation of Dismissal in Williams v. Experian Introduction In the case of Ahmad Williams v. Experian Information Solutions, Inc., the...
Third Circuit Upholds Dismissal of Zostavax Cases, Reinforcing Specific Causation Requirements

Third Circuit Upholds Dismissal of Zostavax Cases, Reinforcing Specific Causation Requirements

Date: Jul 17, 2024
Third Circuit Upholds Dismissal of Zostavax Cases, Reinforcing Specific Causation Requirements Introduction The United States Court of Appeals for the Third Circuit recently delivered a judgment in...
Delaware Gun Control Precedent: Preliminary Injunctions and Second Amendment Protections

Delaware Gun Control Precedent: Preliminary Injunctions and Second Amendment Protections

Date: Jul 16, 2024
Delaware Gun Control Precedent: Preliminary Injunctions and Second Amendment Protections Introduction In the landmark case Delaware State Sportsmen's Association, Inc. et al. v. Delaware Department...
Affirming Economic Reality Over Amateurism: Student-Athletes as Employees under the FLSA

Affirming Economic Reality Over Amateurism: Student-Athletes as Employees under the FLSA

Date: Jul 12, 2024
Affirming Economic Reality Over Amateurism: Student-Athletes as Employees under the FLSA Introduction The case of RALPH TREY JOHNSON et al. v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION (NCAA)...
State-Created Suggestiveness Required for Suppression of Eyewitness Identifications: Lunsford v. New Jersey

State-Created Suggestiveness Required for Suppression of Eyewitness Identifications: Lunsford v. New Jersey

Date: Jul 11, 2024
State-Created Suggestiveness Required for Suppression of Eyewitness Identifications: Lunsford v. New Jersey 1. Introduction Eric Lunsford has been convicted in state court on charges of manslaughter,...
Establishing Willful Trademark Infringement in Lontex Corporation v. Nike, Inc.

Establishing Willful Trademark Infringement in Lontex Corporation v. Nike, Inc.

Date: Jul 11, 2024
Establishing Willful Trademark Infringement in Lontex Corporation v. Nike, Inc. Introduction Lontex Corporation v. Nike, Inc. is a pivotal case adjudicated by the United States Court of Appeals for...
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