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3d Circuit Case Commentaries

Third Circuit Establishes Mixed Dismissals Do Not Accrue Strikes Under 28 U.S.C. § 1915(g) for IFP Proceedings

Third Circuit Establishes Mixed Dismissals Do Not Accrue Strikes Under 28 U.S.C. § 1915(g) for IFP Proceedings

Date: Sep 28, 2021
Third Circuit Establishes Mixed Dismissals Do Not Accrue Strikes Under 28 U.S.C. § 1915(g) for IFP Proceedings Introduction The case of Quintez Talley v. John E. Wetzel et al. was adjudicated by the...
Requiring Specific Identification of Trade Secrets in Preliminary Injunctions: Insights from Mallet v. Lacayo and Bundy

Requiring Specific Identification of Trade Secrets in Preliminary Injunctions: Insights from Mallet v. Lacayo and Bundy

Date: Sep 25, 2021
Requiring Specific Identification of Trade Secrets in Preliminary Injunctions: Insights from Mallet and Company Inc. v. Ada Lacayo; Russell T. Bundy Associates, Inc. d/b/a Bundy Baking Solutions;...
Section 230 Does Not Immunize Against State Intellectual Property Claims: Third Circuit Establishes New Precedent

Section 230 Does Not Immunize Against State Intellectual Property Claims: Third Circuit Establishes New Precedent

Date: Sep 24, 2021
Section 230 Does Not Immunize Against State Intellectual Property Claims: Third Circuit Establishes New Precedent Introduction In the landmark case Karen Hepp v. Facebook, Inc., Imgur Inc., Reddit...
Hobbs Act Robbery Excluded as a "Crime of Violence" under U.S. Sentencing Guidelines: United States v. Eric Scott

Hobbs Act Robbery Excluded as a "Crime of Violence" under U.S. Sentencing Guidelines: United States v. Eric Scott

Date: Sep 23, 2021
Hobbs Act Robbery Excluded as a "Crime of Violence" under U.S. Sentencing Guidelines: United States v. Eric Scott Introduction In the landmark case United States of America v. Eric Scott, the United...
Third Circuit Upholds Denial of Compassionate Release in United States v. Jefferson

Third Circuit Upholds Denial of Compassionate Release in United States v. Jefferson

Date: Sep 22, 2021
Third Circuit Upholds Denial of Compassionate Release in UNITED STATES OF AMERICA v. Jefferson Introduction In the case of United States of America v. Tyheed Jefferson, the United States Court of...
Limited Claim Preclusion in Trademark Litigation: Insights from Beasley v. Howard

Limited Claim Preclusion in Trademark Litigation: Insights from Beasley v. Howard

Date: Sep 18, 2021
Limited Claim Preclusion in Trademark Litigation: Insights from Beasley v. Howard Introduction The case of David Beasley v. William H. Howard, reported at 14 F.4th 226 by the United States Court of...
Impact of Michael Arrington v. United States on §2255 Motion Standards and Ineffective Assistance of Counsel Claims

Impact of Michael Arrington v. United States on §2255 Motion Standards and Ineffective Assistance of Counsel Claims

Date: Sep 10, 2021
Impact of Michael Arrington v. United States on §2255 Motion Standards and Ineffective Assistance of Counsel Claims Introduction In United States of America v. Michael Arrington, 13 F.4th 331 (3d...
Affirmation of Dismissal for Failure to State Plausible Federal Claims in Steinhardt v. Bernardsville Police Department

Affirmation of Dismissal for Failure to State Plausible Federal Claims in Steinhardt v. Bernardsville Police Department

Date: Sep 3, 2021
Affirmation of Dismissal for Failure to State Plausible Federal Claims in Steinhardt v. Bernardsville Police Department Introduction The case of Annette L. Steinhardt v. Bernardsville Police...
Application of Federal Rule of Civil Procedure 15(c) Over Statutes of Repose in Securities Litigation

Application of Federal Rule of Civil Procedure 15(c) Over Statutes of Repose in Securities Litigation

Date: Sep 3, 2021
Application of Federal Rule of Civil Procedure 15(c) Over Statutes of Repose in Securities Litigation Introduction In the landmark case Southeastern Pennsylvania Transportation Authority v. Orrstown...
Recognition of Bivens Remedy for Eighth Amendment Violations in Federal Prisons: Shorter v. United States

Recognition of Bivens Remedy for Eighth Amendment Violations in Federal Prisons: Shorter v. United States

Date: Sep 2, 2021
Recognition of Bivens Remedy for Eighth Amendment Violations in Federal Prisons: Shorter v. United States Introduction In the landmark case of Christopher "Chrissy" Shorter v. United States of...
Expanding Judicial Discretion: "Extraordinary and Compelling Reasons" in Prisoner-Initiated Compassionate Release under the First Step Act

Expanding Judicial Discretion: "Extraordinary and Compelling Reasons" in Prisoner-Initiated Compassionate Release under the First Step Act

Date: Aug 31, 2021
Expanding Judicial Discretion: "Extraordinary and Compelling Reasons" in Prisoner-Initiated Compassionate Release under the First Step Act Introduction In the landmark case of United States of...
Third Circuit Revives Personal Staff Exception Dispute under FLSA in Clews v. County of Schuylkill

Third Circuit Revives Personal Staff Exception Dispute under FLSA in Clews v. County of Schuylkill

Date: Aug 31, 2021
Third Circuit Revives Personal Staff Exception Dispute under FLSA in Clews v. County of Schuylkill Introduction In the landmark case of Clews v. County of Schuylkill, the United States Court of...
Bar Dates for Post-Confirmation Administrative Expense Claims in Bankruptcy: Ellis v. Westinghouse Electric Co.

Bar Dates for Post-Confirmation Administrative Expense Claims in Bankruptcy: Ellis v. Westinghouse Electric Co.

Date: Aug 31, 2021
Bar Dates for Post-Confirmation Administrative Expense Claims in Bankruptcy: Ellis v. Westinghouse Electric Co. Introduction The case of Timothy Ellis v. Westinghouse Electric Co., LLC ([11 F.4th...
Declaratory Judgment Jurisdiction in COVID-19 Insurance Disputes: Dianoia’s Eatery v. Motorists Mutual Insurance Company

Declaratory Judgment Jurisdiction in COVID-19 Insurance Disputes: Dianoia’s Eatery v. Motorists Mutual Insurance Company

Date: Aug 19, 2021
Declaratory Judgment Jurisdiction in COVID-19 Insurance Disputes Dianoia’s Eatery, LLC v. Motorists Mutual Insurance Company Court: United States Court of Appeals, Third Circuit Date: August 18, 2021...
Enhanced Scrutiny for Zoning Regulations Affecting Second Amendment Rights: Drummond v. Robinson Township

Enhanced Scrutiny for Zoning Regulations Affecting Second Amendment Rights: Drummond v. Robinson Township

Date: Aug 18, 2021
Enhanced Scrutiny for Zoning Regulations Affecting Second Amendment Rights: Drummond v. Robinson Township Introduction In Drummond v. Robinson Township, the United States Court of Appeals for the...
Third Circuit Upholds Life Equivalent Juvenile Sentence After Applying Miller v. Alabama Guidelines

Third Circuit Upholds Life Equivalent Juvenile Sentence After Applying Miller v. Alabama Guidelines

Date: Aug 17, 2021
Third Circuit Upholds Life Equivalent Juvenile Sentence After Applying Miller v. Alabama Guidelines Introduction In the case of United States of America v. Corey Grant, the United States Court of...
Qualified Immunity Upheld for Officer Merely Transporting Arrestee: New Precedent in CRA Claims

Qualified Immunity Upheld for Officer Merely Transporting Arrestee: New Precedent in CRA Claims

Date: Aug 17, 2021
Qualified Immunity Upheld for Officer Merely Transporting Arrestee: New Precedent in CRA Claims Introduction Geronimo Lozano v. State of New Jersey et al, decided by the United States Court of...
Affirmation of Quasi-Judicial Immunity for Court-Appointed Receivers: Trinh v. Fineman

Affirmation of Quasi-Judicial Immunity for Court-Appointed Receivers: Trinh v. Fineman

Date: Aug 17, 2021
Affirmation of Quasi-Judicial Immunity for Court-Appointed Receivers: Trinh v. Fineman Introduction The case of Lan Tu Trinh v. David Fineman (9 F.4th 235, Third Circuit, 2021) addresses the scope of...
Mootness Doctrine and Executive Power in COVID-19 Restrictions: Third Circuit Dismisses Pennsylvania Challenge

Mootness Doctrine and Executive Power in COVID-19 Restrictions: Third Circuit Dismisses Pennsylvania Challenge

Date: Aug 12, 2021
Mootness Doctrine and Executive Power in COVID-19 Restrictions: Third Circuit Dismisses Pennsylvania Challenge Introduction In the landmark case County of Butler et al. v. Pennsylvania Governor, the...
Kars 4 Kids Inc. v. America Can! Cars for Kids: New Precedents on Trademark Ownership and Laches

Kars 4 Kids Inc. v. America Can! Cars for Kids: New Precedents on Trademark Ownership and Laches

Date: Aug 11, 2021
Kars 4 Kids Inc. v. America Can! Cars for Kids: New Precedents on Trademark Ownership and Laches Introduction Kars 4 Kids Inc. v. America Can! Cars for Kids (8 F.4th 209, 2021) is a significant...
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