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  • Commentaries
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3d Circuit Case Commentaries

Affirmation of Denial for Compassionate Release in United States of America v. Travis Thomas: Implications for Sentencing Under 18 U.S.C. § 3582(c)(1)(A)

Affirmation of Denial for Compassionate Release in United States of America v. Travis Thomas: Implications for Sentencing Under 18 U.S.C. § 3582(c)(1)(A)

Date: Feb 2, 2022
Affirmation of Denial for Compassionate Release in United States of America v. Travis Thomas: Implications for Sentencing Under 18 U.S.C. § 3582(c)(1)(A) Introduction In the case of United States of...
Third Circuit Affirms AEDPA One-Year Limit: No Retroactive Tolling for Federal Habeas Corpus

Third Circuit Affirms AEDPA One-Year Limit: No Retroactive Tolling for Federal Habeas Corpus

Date: Jan 22, 2022
Third Circuit Affirms AEDPA One-Year Limit: No Retroactive Tolling for Federal Habeas Corpus Introduction In the case of Selwin Martin v. Administrator New Jersey State Prison; Attorney General New...
New Precedent on Fraudulent Inducement and Contractual Good Faith Negotiations in Pennsylvania: Analysis of SodexoMAGIC, LLC v. Drexel University

New Precedent on Fraudulent Inducement and Contractual Good Faith Negotiations in Pennsylvania: Analysis of SodexoMAGIC, LLC v. Drexel University

Date: Jan 21, 2022
New Precedent on Fraudulent Inducement and Contractual Good Faith Negotiations in Pennsylvania: Analysis of SodexoMAGIC, LLC v. Drexel University Introduction The case of SODExoMAGIC, LLC v. DREXEL...
Recognition of Foreign Legal Separation for Derivative U.S. Citizenship: Jaffal v. ICE Establishes New Precedent

Recognition of Foreign Legal Separation for Derivative U.S. Citizenship: Jaffal v. ICE Establishes New Precedent

Date: Jan 20, 2022
Recognition of Foreign Legal Separation for Derivative U.S. Citizenship: Jaffal v. ICE Establishes New Precedent Introduction In the landmark case of Imad Jaffal v. Director Newark New Jersey Field...
Clarifying Standards for Evidentiary Hearings Under FRANKS v. DELAWARE: Insights from United States v. Rao Desu

Clarifying Standards for Evidentiary Hearings Under FRANKS v. DELAWARE: Insights from United States v. Rao Desu

Date: Jan 8, 2022
Clarifying Standards for Evidentiary Hearings Under FRANKS v. DELAWARE: Insights from United States v. Rao Desu Introduction In the landmark case United States of America v. Rao Desu, the United...
Taylor v. United States: Upholding the Integrity of Self-Representation Rights

Taylor v. United States: Upholding the Integrity of Self-Representation Rights

Date: Dec 22, 2021
Taylor v. United States: Upholding the Integrity of Self-Representation Rights Introduction In the case of United States of America v. Donte Taylor, 21 F.4th 94 (3d Cir. 2021), the United States...
Third Circuit Reverses Qualified Immunity and Monell Claims in Jefferson v. Lias: Establishing Stricter Standards for Police Use of Deadly Force during Vehicular Pursuits

Third Circuit Reverses Qualified Immunity and Monell Claims in Jefferson v. Lias: Establishing Stricter Standards for Police Use of Deadly Force during Vehicular Pursuits

Date: Dec 17, 2021
Third Circuit Reverses Qualified Immunity and Monell Claims in Jefferson v. Lias: Establishing Stricter Standards for Police Use of Deadly Force during Vehicular Pursuits Introduction Devon...
Significant Numbers in Social Security Disability Determinations: Analysis of Lamoureux v. SSA

Significant Numbers in Social Security Disability Determinations: Analysis of Lamoureux v. SSA

Date: Dec 11, 2021
Significant Numbers in Social Security Disability Determinations: Analysis of Lamoureux v. SSA Introduction In the case of Colt Russell Lamoureux v. Commissioner of Social Security Administration,...
Establishing Boundaries for 'Particular Social Group' and Procedural Compliance in Asylum Cases: Chavez-Chilel v. Attorney General

Establishing Boundaries for 'Particular Social Group' and Procedural Compliance in Asylum Cases: Chavez-Chilel v. Attorney General

Date: Dec 10, 2021
Establishing Boundaries for 'Particular Social Group' and Procedural Compliance in Asylum Cases: Chavez-Chilel v. Attorney General Introduction In the case of Martha Elena Chavez-Chilel v. Attorney...
Clarifying Procedural Routes under LMRA and FAA: PG Publishing v. Newspaper Guild of Pittsburgh

Clarifying Procedural Routes under LMRA and FAA: PG Publishing v. Newspaper Guild of Pittsburgh

Date: Dec 1, 2021
Clarifying Procedural Routes under LMRA and FAA: PG Publishing v. Newspaper Guild of Pittsburgh Introduction The case of PG Publishing, Inc., d/b/a Pittsburgh Post Gazette, Appellant v. The Newspaper...
Third Circuit Establishes Adverse Employment Action in Surplus Selection Context

Third Circuit Establishes Adverse Employment Action in Surplus Selection Context

Date: Nov 27, 2021
Third Circuit Establishes Adverse Employment Action in Surplus Selection Context Introduction The United States Court of Appeals for the Third Circuit delivered a pivotal decision in Kathleen Fowler...
Affirmation of Qualified Immunity Standards in Due Process Claims: Dennis v. City of Philadelphia

Affirmation of Qualified Immunity Standards in Due Process Claims: Dennis v. City of Philadelphia

Date: Nov 24, 2021
Affirmation of Qualified Immunity Standards in Due Process Claims: Dennis v. City of Philadelphia Introduction Dennis v. City of Philadelphia is a pivotal case adjudicated by the United States Court...
Affirmation of Arbitration Award Confirmation: Interpleader Practices Under the FAA

Affirmation of Arbitration Award Confirmation: Interpleader Practices Under the FAA

Date: Nov 23, 2021
Affirmation of Arbitration Award Confirmation: Interpleader Practices Under the FAA Introduction The case of CPR Management, S.A. v. Devon Park Bioventures, L.P.; Devon Park Associates, L.P.,...
Affirmation of Federal Program Theft Conviction: Shulick v. United States

Affirmation of Federal Program Theft Conviction: Shulick v. United States

Date: Nov 16, 2021
Affirmation of Federal Program Theft Conviction: Shulick v. United States Introduction In United States of America v. David T. Shulick (18 F.4th 91, 2021), the United States Court of Appeals for the...
Rule of Lenity Prevails: Third Circuit Overrules Career Offender Enhancement Interpretation in United States v. Nasir

Rule of Lenity Prevails: Third Circuit Overrules Career Offender Enhancement Interpretation in United States v. Nasir

Date: Nov 9, 2021
Rule of Lenity Prevails: Third Circuit Overrules Career Offender Enhancement Interpretation in United States v. Nasir Introduction United States v. Malik Nasir is a landmark decision by the United...
Third Circuit Clarifies Rule 60(b)(6) Motion Jurisdiction in Habeas Corpus Proceedings

Third Circuit Clarifies Rule 60(b)(6) Motion Jurisdiction in Habeas Corpus Proceedings

Date: Nov 4, 2021
Third Circuit Clarifies Rule 60(b)(6) Motion Jurisdiction in Habeas Corpus Proceedings Introduction In the landmark decision of Angel Argueta Anariba v. Director Hudson County Correctional Center,...
Early Termination of Supervised Release: Implications of United States v. Sheppard

Early Termination of Supervised Release: Implications of United States v. Sheppard

Date: Nov 4, 2021
Early Termination of Supervised Release: Implications of United States v. Sheppard Introduction United States of America v. Jason Sheppard, 17 F.4th 449 (3rd Cir. 2021) establishes significant...
Third Circuit Rules That Heck Dismissals Constitute Three-Strikes Under PLRA for In Forma Pauperis Applications

Third Circuit Rules That Heck Dismissals Constitute Three-Strikes Under PLRA for In Forma Pauperis Applications

Date: Oct 30, 2021
Third Circuit Rules That Heck Dismissals Constitute Three-Strikes Under PLRA for In Forma Pauperis Applications Introduction Allen Dupree Garrett v. Phil Murphy, Governor of New Jersey; Rebecca...
Limits of the PREP Act: Third Circuit Upholds State Courts' Authority in COVID-19 Negligence Suits Against Nursing Homes

Limits of the PREP Act: Third Circuit Upholds State Courts' Authority in COVID-19 Negligence Suits Against Nursing Homes

Date: Oct 21, 2021
Limits of the PREP Act: Third Circuit Upholds State Courts' Authority in COVID-19 Negligence Suits Against Nursing Homes Introduction The case of Estate of Joseph Maglioli et al. v. Alliance HC...
Requirements for Novelty in Misappropriation Claims: Analysis of Aidong Chen v. KPMG LLP

Requirements for Novelty in Misappropriation Claims: Analysis of Aidong Chen v. KPMG LLP

Date: Oct 5, 2021
Requirements for Novelty in Misappropriation Claims: Analysis of Aidong Chen v. KPMG LLP Introduction The case of Aidong Chen v. KPMG LLP before the United States Court of Appeals for the Third...
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