3d Circuit Case Commentaries

Reaffirmation of Effective Assistance Standards in Sexual Abuse Convictions: U.S. v. Schneider

Date: Apr 24, 2021

Reaffirmation of Effective Assistance Standards in Sexual Abuse Convictions: United States v. Schneider Introduction United States of America v. Kenneth Schneider is a significant case adjudicated by...

Kyle Hamer v. LivaNova: Reversal of Prejudicial Dismissal in MDL Proceedings

Date: Apr 10, 2021

Kyle Hamer v. LivaNova: Reversal of Prejudicial Dismissal in MDL Proceedings Introduction The case of Kyle Hamer v. LivaNova Deutschland GmbH addresses significant procedural and substantive issues...

Third Circuit Re-examines Qualified Immunity in Use of Force Cases Involving Risk of Serious Injury

Date: Apr 9, 2021

Third Circuit Re-examines Qualified Immunity in Use of Force Cases Involving Risk of Serious Injury Introduction In the case of Jose Antonio Peroza-Benitez v. C.I. Darren C. Smith; C.I. Kevin Haser;...

Gibson v. State Farm: Clarifying Written Requests for Underinsured Motorist Coverage Elections in Pennsylvania

Date: Apr 9, 2021

Gibson v. State Farm: Clarifying Written Requests for Underinsured Motorist Coverage Elections in Pennsylvania Introduction In Gibson v. State Farm Mutual Automobile Insurance Company (994 F.3d 182,...

Limiting the Rooker-Feldman Doctrine: Insights from Taggart v. Saltz et al.

Date: Mar 31, 2021

Limiting the Rooker-Feldman Doctrine: Insights from Taggart v. Saltz et al. Introduction In the case of Kenneth J. Taggart v. The Honorable Jeffrey S. Saltz et al., the United States Court of Appeals...

Affirming Exhaustion Requirements for Retaliation Claims under ADA in Simko v. U.S. Steel

Date: Mar 30, 2021

Affirming Exhaustion Requirements for Retaliation Claims under ADA in Simko v. U.S. Steel Corp Introduction The case of Michael Simko, Appellant v. United States Steel Corp. (992 F.3d 198)...

Reinforcement of Rule 38 Sanctions for Frivolous Appeals: Conboy v. SBA and CBE Group

Date: Mar 20, 2021

Reinforcement of Rule 38 Sanctions for Frivolous Appeals: Conboy v. SBA and CBE Group Introduction The case Desmond Conboy; Brendan Gilsenan v. United States Small Business Administration; CBE Group;...

Third Circuit Establishes Precedent on Arbitration and Standing in ADA Discrimination Claims Against Non-Signatories

Date: Mar 18, 2021

Third Circuit Establishes Precedent on Arbitration and Standing in ADA Discrimination Claims Against Non-Signatories Introduction In the landmark case of O'Hanlon v. Uber Technologies, Inc., the...

Third Circuit Upholds Summary Judgment in FDCPA Case: Non-Deceptive Use of Telephone Contact in Debt Collection

Date: Mar 17, 2021

Third Circuit Upholds Summary Judgment in FDCPA Case: Non-Deceptive Use of Telephone Contact in Debt Collection Introduction In the case of Candace Moyer v. Patenaude & Felix, A.P.C., adjudicated by...

ECOA's Non-Preemptive Stance on the Doctrine of Necessaries: Comprehensive Analysis of Terry L. Klotz v. CSW LLP

Date: Mar 17, 2021

ECOA's Non-Preemptive Stance on the Doctrine of Necessaries: Comprehensive Analysis of Terry L. Klotz v. CSW LLP Introduction The case of Terry L. Klotz v. Celentano Stadtmauer and Walentowicz LLP...

Recovery of Administrative Expenses under 11 U.S.C. §503(b)(1)(A): The Energy Future Holdings Case

Date: Mar 16, 2021

Recovery of Administrative Expenses under 11 U.S.C. §503(b)(1)(A): The Energy Future Holdings Case Introduction The case of In re: Energy Future Holdings Corp., aka TXU Corp. (990 F.3d 728) presents...

Third Circuit Reverses Economic Loss Doctrine Bar on UTPCPL Claims in Pennsylvania

Date: Mar 6, 2021

Third Circuit Reverses Economic Loss Doctrine Bar on UTPCPL Claims in Pennsylvania Introduction In the landmark case of Lisa Earl v. NVR, Inc., decided on March 5, 2021, the United States Court of...

Third Circuit Affirms Attempted Hobbs Act Robbery as a Crime of Violence under 18 U.S.C. § 924(c)

Date: Mar 6, 2021

Third Circuit Affirms Attempted Hobbs Act Robbery as a Crime of Violence under 18 U.S.C. § 924(c) Introduction In United States of America v. Marcus Walker, Appellant (990 F.3d 316), the United...

Third Circuit Establishes Employer Liability for Discriminatory Psychological Testing under ADA

Date: Mar 4, 2021

Third Circuit Establishes Employer Liability for Discriminatory Psychological Testing under ADA Introduction In the landmark case of Christopher Gibbs v. City of Pittsburgh, the United States Court...

Sunuwar v. Attorney General: Upholding Strict Adverse Credibility Standards in Immigration Law

Date: Feb 26, 2021

Sunuwar v. Attorney General: Upholding Strict Adverse Credibility Standards in Immigration Law Introduction In the case of Ashish Sunuwar v. Attorney General of the United States (989 F.3d 239), the...

Affirmation of Qualified Immunity and Discretionary Function Exception in Malicious Prosecution Claims

Date: Feb 12, 2021

Affirmation of Qualified Immunity and Discretionary Function Exception in Malicious Prosecution Claims Introduction The case of Elias Karkalas v. Linda Marks, Esquire; Kimberly Brill; United States...

Affirmation of Summary Judgment in Pretrial Confinement Conditions: Calvin Camps v. Philadelphia Officials

Date: Feb 5, 2021

Affirmation of Summary Judgment in Pretrial Confinement Conditions: Calvin Camps v. Philadelphia Officials Introduction Calvin Camps v. Louis Giorla, Commissioner of Philadelphia Prison System; John...

Significantly Younger Replacements: Establishing a Factual Basis in Age Discrimination Claims

Date: Jan 30, 2021

Significantly Younger Replacements: Establishing a Factual Basis in Age Discrimination Claims Introduction The case of Zeferino Martinez, M.D., Appellant v. UPMC Susquehanna delves into the...

Qualified Immunity Upholding Privacy Protections in Prison Disclosures

Date: Jan 29, 2021

Qualified Immunity Upholding Privacy Protections in Prison Disclosures Introduction In the case of Darren Eades v. John E. Wetzel, the appellant, Darren Eades, a prisoner at SCI-Smithfield,...

Revisiting AEDPA's Due Diligence: Insights from Bracey v. Superintendent Rockview SCI

Date: Jan 21, 2021

Revisiting AEDPA's Due Diligence: Insights from Bracey v. Superintendent Rockview SCI Introduction Bracey v. Superintendent Rockview SCI is a landmark decision by the United States Court of Appeals...

Previous Next