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  • Commentaries
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3d Circuit Case Commentaries

Affirmation of Excessive Force Standards for Pretrial Detainees under the Fourteenth Amendment: Raheem Jacobs v. Cumberland County

Affirmation of Excessive Force Standards for Pretrial Detainees under the Fourteenth Amendment: Raheem Jacobs v. Cumberland County

Date: Aug 11, 2021
Affirmation of Excessive Force Standards for Pretrial Detainees under the Fourteenth Amendment: Raheem Jacobs v. Cumberland County Introduction The case of Raheem Jacobs v. Cumberland County...
Ensuring Procedural Due Process in Prison Mail Handling: Insights from Vogt v. Wetzel

Ensuring Procedural Due Process in Prison Mail Handling: Insights from Vogt v. Wetzel

Date: Aug 10, 2021
Ensuring Procedural Due Process in Prison Mail Handling: Insights from Vogt v. Wetzel Introduction In the landmark case of Vogt v. Wetzel, the United States Court of Appeals for the Third Circuit...
Extending Title VII Retaliation Protections to Associational Discrimination: Insights from Kengerski v. Harper

Extending Title VII Retaliation Protections to Associational Discrimination: Insights from Kengerski v. Harper

Date: Jul 30, 2021
Extending Title VII Retaliation Protections to Associational Discrimination: Insights from Kengerski v. Harper Introduction Jeffrey Kengerski, Appellant v. Orlando Harper; County of Allegheny is a...
Rooker-Feldman Doctrine Limited: Third Circuit Reverses Dismissal in Vuyanich v. Smithton Borough

Rooker-Feldman Doctrine Limited: Third Circuit Reverses Dismissal in Vuyanich v. Smithton Borough

Date: Jul 28, 2021
Rooker-Feldman Doctrine Limited: Third Circuit Reverses Dismissal in Vuyanich v. Smithton Borough Introduction In Vuyanich v. Smithton Borough, the United States Court of Appeals for the Third...
Reorganization Exception to Due Process in Public Employment Terminations: Insights from Dondero v. Lower Milford Township

Reorganization Exception to Due Process in Public Employment Terminations: Insights from Dondero v. Lower Milford Township

Date: Jul 21, 2021
Reorganization Exception to Due Process in Public Employment Terminations: Insights from Dondero v. Lower Milford Township Introduction The case of John P. Dondero v. Lower Milford Township et al.,...
Retroactive Application of the False Claims Act: Analysis of United States ex rel. IBEW Local Union No. 98 v. The Farfield Company

Retroactive Application of the False Claims Act: Analysis of United States ex rel. IBEW Local Union No. 98 v. The Farfield Company

Date: Jul 14, 2021
Retroactive Application of the False Claims Act: Analysis of United States ex rel. IBEW Local Union No. 98 v. The Farfield Company Introduction In the landmark case United States of America ex rel....
Equitable Tolling and Ineffective Assistance of Counsel in Habeas Corpus: Massey v. Superintendent Coal Township SCI

Equitable Tolling and Ineffective Assistance of Counsel in Habeas Corpus: Massey v. Superintendent Coal Township SCI

Date: Jul 13, 2021
Equitable Tolling and Ineffective Assistance of Counsel in Habeas Corpus: Massey v. Superintendent Coal Township SCI Introduction Massey v. Superintendent Coal Township SCI is a pivotal case decided...
Third Circuit Establishes Robust Good Faith Exception in Child Pornography Searches: United States v. Caesar

Third Circuit Establishes Robust Good Faith Exception in Child Pornography Searches: United States v. Caesar

Date: Jun 24, 2021
Third Circuit Establishes Robust Good Faith Exception in Child Pornography Searches: United States v. Caesar Introduction In the landmark case of United States of America v. Robert Dean Caesar (2...
Limits of Equitable Tolling and Actual Innocence in Habeas Corpus Petitions: Insights from Wallace v. Superintendent Mahanoy SCI

Limits of Equitable Tolling and Actual Innocence in Habeas Corpus Petitions: Insights from Wallace v. Superintendent Mahanoy SCI

Date: Jun 23, 2021
Limits of Equitable Tolling and Actual Innocence in Habeas Corpus Petitions: Insights from Wallace v. Superintendent Mahanoy SCI Introduction The case of Joseph Wallace, Appellant v. Superintendent...
Strict Materiality Required for Motions to Reopen under CAT: Darby v. Attorney General of the United States

Strict Materiality Required for Motions to Reopen under CAT: Darby v. Attorney General of the United States

Date: Jun 18, 2021
Strict Materiality Required for Motions to Reopen under the Convention Against Torture: Darby v. Attorney General of the United States Introduction Darby v. Attorney General of the United States is a...
Strict Enforcement of Procedural Compliance in Clean Water Act Violations: United States v. Robert Brace

Strict Enforcement of Procedural Compliance in Clean Water Act Violations: United States v. Robert Brace

Date: Jun 12, 2021
Strict Enforcement of Procedural Compliance in Clean Water Act Violations: United States v. Robert Brace Introduction The case of United States of America v. Robert Brace addresses significant issues...
Third Circuit Clarifies Pleading Standards for Trade Secret Misappropriation under DTSA in Oakwood v. Thanoo

Third Circuit Clarifies Pleading Standards for Trade Secret Misappropriation under DTSA in Oakwood v. Thanoo

Date: Jun 9, 2021
Third Circuit Clarifies Pleading Standards for Trade Secret Misappropriation under DTSA in Oakwood Laboratories LLC v. Thanoo et al. Introduction The case of Oakwood Laboratories LLC v. Dr....
Affirming Strict Standards for §1981 Claims: Shropshire v. Wheeler

Affirming Strict Standards for §1981 Claims: Shropshire v. Wheeler

Date: Jun 4, 2021
Affirming Strict Standards for §1981 Claims: Shropshire v. Wheeler Introduction In Philip Shropshire v. Elisabeth Wheeler; Pivot Physical Therapy, f/k/a Allegheny Chesapeake, the United States Court...
Third Circuit Upholds Constitutionality of § 922(g)(8) in Limiting Gun Rights for Individuals Under Protective Orders

Third Circuit Upholds Constitutionality of § 922(g)(8) in Limiting Gun Rights for Individuals Under Protective Orders

Date: May 29, 2021
Third Circuit Upholds Constitutionality of § 922(g)(8) in Limiting Gun Rights for Individuals Under Protective Orders Introduction In the landmark case UNITED STATES OF AMERICA v. JEFFREY BOYD,...
Third Circuit Requires Recalculation of Sentencing Guidelines and Reevaluation of Career-Offender Status in First Step Act Resentencing

Third Circuit Requires Recalculation of Sentencing Guidelines and Reevaluation of Career-Offender Status in First Step Act Resentencing

Date: May 28, 2021
Third Circuit Requires Recalculation of Sentencing Guidelines and Reevaluation of Career-Offender Status in First Step Act Resentencing Introduction In the landmark case United States of America v....
Third Circuit Limits Applicability of Bivens Claims in Eighth Amendment Conditions of Confinement Litigation

Third Circuit Limits Applicability of Bivens Claims in Eighth Amendment Conditions of Confinement Litigation

Date: May 22, 2021
Third Circuit Limits Applicability of Bivens Claims in Eighth Amendment Conditions of Confinement Litigation Introduction In Anthony Mammana v. Lieutenant Barben John Does (1-10), the United States...
Legal Commentary on Figueroa v. Attorney General: Establishing Standards for Private-Actor Persecution

Legal Commentary on Figueroa v. Attorney General: Establishing Standards for Private-Actor Persecution

Date: May 20, 2021
Legal Commentary on Figueroa v. Attorney General: Establishing Standards for Private-Actor Persecution Introduction In the landmark case of Figueroa v. Attorney General (998 F.3d 77, 3rd Cir. 2021),...
Collateral Order Doctrine Extended to Anonymity Denials: Doe v. The College of New Jersey

Collateral Order Doctrine Extended to Anonymity Denials: Doe v. The College of New Jersey

Date: May 19, 2021
Collateral Order Doctrine Extended to Anonymity Denials: Doe v. The College of New Jersey Introduction In the landmark case Jane Doe v. The College of New Jersey (997 F.3d 489), the United States...
Agency's Stance on Threshold of Persecution in Asylum Claims: Thayalan v. Attorney General of the United States

Agency's Stance on Threshold of Persecution in Asylum Claims: Thayalan v. Attorney General of the United States

Date: May 11, 2021
Agency's Stance on Threshold of Persecution in Asylum Claims: Thayalan v. Attorney General of the United States Introduction The case of Thamotharam Pillai Thayalan v. Attorney General of the United...
Affirmation of Absolute Immunity in Civil Rights Litigation: Saunders v. BB&T Bank

Affirmation of Absolute Immunity in Civil Rights Litigation: Saunders v. BB&T Bank

Date: Apr 30, 2021
Affirmation of Absolute Immunity in Civil Rights Litigation: Saunders v. BB&T Bank Introduction In the case of Antonio Saunders v. BB&T Bank, the appellant, Antonio Saunders, challenged the dismissal...
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