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  • Commentaries
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3d Circuit Case Commentaries

Third Circuit Expands ADA and Eighth Amendment Protections Against Correctional Officials

Third Circuit Expands ADA and Eighth Amendment Protections Against Correctional Officials

Date: Sep 20, 2023
Third Circuit Expands ADA and Eighth Amendment Protections Against Correctional Officials Introduction In the landmark case of Tremayne Durham v. C.O.R. G. Kelley et al., decided by the United States...
Affirmation of Dismissal for Failure to Demonstrate Deliberate Indifference in §1983 Eighth Amendment Claim

Affirmation of Dismissal for Failure to Demonstrate Deliberate Indifference in §1983 Eighth Amendment Claim

Date: Sep 9, 2023
Affirmation of Dismissal for Failure to Demonstrate Deliberate Indifference in §1983 Eighth Amendment Claim Introduction The case of Bennie Anderson v. Paula Price et al. involves pro se appellant...
Third Circuit Upholds Standards for Judicial Recusal and Amendment Denials in Eminent Domain Litigation

Third Circuit Upholds Standards for Judicial Recusal and Amendment Denials in Eminent Domain Litigation

Date: Sep 7, 2023
Third Circuit Upholds Standards for Judicial Recusal and Amendment Denials in Eminent Domain Litigation Introduction In the case of John Kliesh v. Redevelopment Authority of Bucks County, the United...
Affirmation of Dismissal in First Amendment Retaliation Claims: Ruttle v. Brady et al.

Affirmation of Dismissal in First Amendment Retaliation Claims: Ruttle v. Brady et al.

Date: Aug 30, 2023
Affirmation of Dismissal in First Amendment Retaliation Claims: Ruttle v. Brady et al. Introduction The case of J. Michael Ruttle v. Sandi Brady; Ryan Berry; David Bria; Matthew Ross; Caroline...
Affirmation of At-Will Employment and Procedural Due Process in Bhatnagar v. Meyer

Affirmation of At-Will Employment and Procedural Due Process in Bhatnagar v. Meyer

Date: Aug 23, 2023
Affirmation of At-Will Employment and Procedural Due Process in Bhatnagar v. Meyer Introduction Bhatnagar v. Meyer is a significant case adjudicated by the United States Court of Appeals for the...
FTCA Claims: Pennsylvania Rule 1042.3 Non-Applicability Established in Wilson v. United States

FTCA Claims: Pennsylvania Rule 1042.3 Non-Applicability Established in Wilson v. United States

Date: Aug 22, 2023
FTCA Claims: Pennsylvania Rule 1042.3 Non-Applicability Established in Wilson v. United States Introduction In the case of Marquis Wilson v. United States of America, decided on August 21, 2023, the...
Dismissal of Pre-Enforcement Challenge in NSSF v. Attorney General of New Jersey

Dismissal of Pre-Enforcement Challenge in NSSF v. Attorney General of New Jersey

Date: Aug 18, 2023
Dismissal of Pre-Enforcement Challenge in NSSF v. Attorney General of New Jersey Introduction In the case NATIONAL SHOOTING SPORTS FOUNDATION v. ATTORNEY GENERAL OF NEW JERSEY (80 F.4th 215), the...
Mandatory Exhaustion of FTCA Administrative Remedies Affirmed in Ellington v. USA

Mandatory Exhaustion of FTCA Administrative Remedies Affirmed in Ellington v. USA

Date: Aug 2, 2023
Mandatory Exhaustion of FTCA Administrative Remedies Affirmed in Ellington v. United States Introduction The case of Christopher M. Ellington v. Sable Vance; Lawrence Kirby; Connections CSP Inc. of...
Establishing Government Agency: Third Circuit Sets Two-Pronged Test for Private Party Actions Under the Fourth Amendment

Establishing Government Agency: Third Circuit Sets Two-Pronged Test for Private Party Actions Under the Fourth Amendment

Date: Aug 2, 2023
Establishing Government Agency: Third Circuit Sets Two-Pronged Test for Private Party Actions Under the Fourth Amendment Introduction In the landmark case United States of America v. John Lewis...
Affirmation of Supervisory Discretion and Judicial Impartiality Standards in United States v. Fattah

Affirmation of Supervisory Discretion and Judicial Impartiality Standards in United States v. Fattah

Date: Jul 20, 2023
Affirmation of Supervisory Discretion and Judicial Impartiality Standards in United States v. Fattah Introduction United States of America v. Chaka Fattah, Jr. is a notable case adjudicated by the...
Equitable Tolling Applies to §6213(a) Filing Deadline for Tax Deficiency Redetermination Petitions

Equitable Tolling Applies to §6213(a) Filing Deadline for Tax Deficiency Redetermination Petitions

Date: Jul 20, 2023
Equitable Tolling Applies to §6213(a) Filing Deadline for Tax Deficiency Redetermination Petitions Introduction In the appellate case Isobel Berry Culp; David R. Culp v. Commissioner of Internal...
Dismissal of In Forma Pauperis Claims: A Comprehensive Analysis of Wright v. United States

Dismissal of In Forma Pauperis Claims: A Comprehensive Analysis of Wright v. United States

Date: Jul 15, 2023
Dismissal of In Forma Pauperis Claims: A Comprehensive Analysis of Wright v. United States Introduction In the case of Linda Ann Wright v. United States of America, adjudicated by the United States...
Fabrication of Polygraph Evidence: Mervilus v. Union County Establishes Critical Precedents

Fabrication of Polygraph Evidence: Mervilus v. Union County Establishes Critical Precedents

Date: Jul 14, 2023
Fabrication of Polygraph Evidence: Mervilus v. Union County Establishes Critical Precedents Introduction In the landmark case of Emmanuel Mervilus v. Union County et al., the United States Court of...
Affirmation of Sovereign Immunity in FTCA Claims: Justin Mohn v. United States

Affirmation of Sovereign Immunity in FTCA Claims: Justin Mohn v. United States

Date: Jul 4, 2023
Affirmation of Sovereign Immunity in FTCA Claims: Justin Mohn v. United States 1. Introduction Justin Mohn, a pro se litigant, initiated a legal action against the United States Department of...
Substantial Evidence Standard Affirmed in Pierznik v. Commissioner of Social Security

Substantial Evidence Standard Affirmed in Pierznik v. Commissioner of Social Security

Date: Jun 16, 2023
Substantial Evidence Standard Affirmed in Pierznik v. Commissioner of Social Security Introduction In the case of Justin Pierznik v. Commissioner of Social Security, decided on June 15, 2023, the...
Range v. Attorney General: Third Circuit Rules §922(g)(1) Violates Second Amendment for Nonviolent Felons

Range v. Attorney General: Third Circuit Rules §922(g)(1) Violates Second Amendment for Nonviolent Felons

Date: Jun 7, 2023
Range v. Attorney General: Third Circuit Rules §922(g)(1) Violates Second Amendment for Nonviolent Felons Introduction In the landmark case Bryan David Range, Appellant v. Attorney General United...
Affirmation of Evidence Suppression: Establishing Limits on Police Conduct During Traffic Stops

Affirmation of Evidence Suppression: Establishing Limits on Police Conduct During Traffic Stops

Date: Jun 3, 2023
Affirmation of Evidence Suppression: Establishing Limits on Police Conduct During Traffic Stops Introduction The case of United States of America v. Donte Dowdell, decided by the United States Court...
Youngers Abstention Doctrine Clarified in Borowski v. Kean University

Youngers Abstention Doctrine Clarified in Borowski v. Kean University

Date: May 26, 2023
Youngers Abstention Doctrine Clarified in Borowski v. Kean University Introduction Borowski v. Kean University, 68 F.4th 844 (2023), represents a significant development in the application of the...
Third Circuit Clarifies FTCA's Discretionary Function Exception in National Security Context

Third Circuit Clarifies FTCA's Discretionary Function Exception in National Security Context

Date: May 25, 2023
Third Circuit Clarifies FTCA's Discretionary Function Exception in National Security Context Introduction In the case of Xiaoxing Xi; Joyce Xi; Qi Li v. FBI Special Agent Andrew Haugen et al., the...
Affirmation of Drug Trafficking Conviction: Authentication of Undercover Recordings and Speedy Trial Considerations

Affirmation of Drug Trafficking Conviction: Authentication of Undercover Recordings and Speedy Trial Considerations

Date: May 12, 2023
Affirmation of Drug Trafficking Conviction: Authentication of Undercover Recordings and Speedy Trial Considerations Introduction In the case of United States of America v. Adelfo Rodriguez-Mendez,...
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