3d Circuit Case Commentaries

Affirmation of Dismissal in Allergan ERISA Litigation Reinforces Plausibility Standard for Fiduciary Duty Claims

Date: Sep 19, 2020

Affirmation of Dismissal in Allergan ERISA Litigation Reinforces Plausibility Standard for Fiduciary Duty Claims Introduction The case of In re: Allergan ERISA Litigation addresses pivotal issues...

Affirmation of Judicial and Sovereign Immunity in Child Custody Litigation: Heffley v. Steele

Date: Sep 18, 2020

Affirmation of Judicial and Sovereign Immunity in Child Custody Litigation: Heffley v. Steele Introduction In the case of Daniel J. Heffley v. Kimberly Steele, adjudicated by the United States Court...

Defining Excessive Force and Qualified Immunity: A Comprehensive Analysis of El v. City of Pittsburgh

Date: Sep 17, 2020

Defining Excessive Force and Qualified Immunity: A Comprehensive Analysis of El v. City of Pittsburgh Introduction In the landmark case of El v. City of Pittsburgh (975 F.3d 327, 2020), the United...

Mandatory Consideration of § 3553(a) Factors in First Step Act Resentencing: United States v. Jamel E. Easter

Date: Sep 16, 2020

Mandatory Consideration of § 3553(a) Factors in First Step Act Resentencing: United States v. Jamel E. Easter Introduction In the landmark case of United States v. Jamel E. Easter, the United States...

Judicial Primacy in Determining Arbitration Agreements: Insights from MZM Construction Co. v. NJ Building Laborers

Date: Sep 15, 2020

Court's Primacy in Determining Arbitration Agreement Existence Under the FAA: Insights from MZM Construction Co., Inc. v. New Jersey Building Laborers Statewide Benefit Funds Introduction The case of...

Third Circuit Establishes Mandatory Clarity in Content-Based Advertising Restrictions for Nonpublic Forums

Date: Sep 15, 2020

Mandating Reasoned Application: Third Circuit's Landmark Ruling on SEPTA's Advertising Standards Introduction The case of The Center for Investigative Reporting v. Southeastern Pennsylvania...

Summary Affirmation in §1983 Claims: Williams v. Wetzel Establishes Standards for Retaliatory Transfer and Failure to Protect

Date: Sep 11, 2020

Summary Affirmation in §1983 Claims: Williams v. Wetzel Establishes Standards for Retaliatory Transfer and Failure to Protect Introduction In the case of Mark-Alonzo Williams v. John Wetzel and...

Public Trial Violations During Jury Selection: Implications of Plain Error Review

Date: Sep 11, 2020

Public Trial Violations During Jury Selection: Implications of Plain Error Review Introduction In the case of United States of America v. Jabree Williams et al., the United States Court of Appeals...

Third Circuit Affirms Eleventh Amendment Immunity and Strict Criteria for Malicious Prosecution Claims: Ra-King Allen v. New Jersey State Police

Date: Sep 10, 2020

Third Circuit Affirms Eleventh Amendment Immunity and Strict Criteria for Malicious Prosecution Claims: Ra-King Allen v. New Jersey State Police Introduction Ra-King Allen v. New Jersey State Police...

Third Circuit Upholds Reasonableness of Lethal Force Against Pets Under Fourth Amendment

Date: Sep 10, 2020

Third Circuit Upholds Reasonableness of Lethal Force Against Pets Under Fourth Amendment Introduction The case of Jeffrey W. Bletz, personally, and as the guardian of DJF, a minor; Lindsey J. Bletz...

Enhanced Ascertainability Standards for Class Certification in Employment Misclassification Cases

Date: Sep 10, 2020

Enhanced Ascertainability Standards for Class Certification in Employment Misclassification Cases Introduction In the landmark case Hargrove v. Sleepy's LLC, 974 F.3d 467 (3d Cir. 2020), the United...

Geness v. Administrative Office of Pennsylvania Courts: Affirming Sovereign Immunity under ADA and the Fourteenth Amendment

Date: Sep 9, 2020

Geness v. Administrative Office of Pennsylvania Courts: Affirming Sovereign Immunity under ADA and the Fourteenth Amendment Introduction The case of Craig A. Geness v. Administrative Office of...

Interpretation of 18 U.S.C. § 1546(a) Limited to Written Statements in Immigration Fraud: Analysis of United States v. Mohammed Jabateh

Date: Sep 9, 2020

Interpretation of 18 U.S.C. § 1546(a) Limited to Written Statements in Immigration Fraud: Analysis of United States v. Mohammed Jabateh Introduction In United States of America v. Mohammed Jabateh...

First-to-File Bar Under the False Claims Act is Non-Jurisdictional: A Comprehensive Analysis of In re Plavix Marketing Litigation

Date: Sep 2, 2020

First-to-File Bar Under the False Claims Act is Non-Jurisdictional: A Comprehensive Analysis of In re Plavix Marketing Litigation Introduction The case of In re: Plavix Marketing, Sales Practices and...

Third Circuit Recognizes Procedural Due Process Rights Against Indefinite Solitary Confinement for Death Row Inmates with Stayed Vacatur Orders

Date: Sep 2, 2020

Third Circuit Recognizes Procedural Due Process Rights Against Indefinite Solitary Confinement for Death Row Inmates with Stayed Vacatur Orders Introduction The case of Ernest Porter v. Pennsylvania...

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3d Circuit Case Commentaries

Affirmation of Dismissal in Allergan ERISA Litigation Reinforces Plausibility Standard for Fiduciary Duty Claims

Affirmation of Judicial and Sovereign Immunity in Child Custody Litigation: Heffley v. Steele

Defining Excessive Force and Qualified Immunity: A Comprehensive Analysis of El v. City of Pittsburgh

Mandatory Consideration of § 3553(a) Factors in First Step Act Resentencing: United States v. Jamel E. Easter

Judicial Primacy in Determining Arbitration Agreements: Insights from MZM Construction Co. v. NJ Building Laborers

Third Circuit Establishes Mandatory Clarity in Content-Based Advertising Restrictions for Nonpublic Forums

Summary Affirmation in §1983 Claims: Williams v. Wetzel Establishes Standards for Retaliatory Transfer and Failure to Protect

Public Trial Violations During Jury Selection: Implications of Plain Error Review

Third Circuit Affirms Eleventh Amendment Immunity and Strict Criteria for Malicious Prosecution Claims: Ra-King Allen v. New Jersey State Police

Third Circuit Upholds Reasonableness of Lethal Force Against Pets Under Fourth Amendment

Enhanced Ascertainability Standards for Class Certification in Employment Misclassification Cases

Geness v. Administrative Office of Pennsylvania Courts: Affirming Sovereign Immunity under ADA and the Fourteenth Amendment

Interpretation of 18 U.S.C. § 1546(a) Limited to Written Statements in Immigration Fraud: Analysis of United States v. Mohammed Jabateh

First-to-File Bar Under the False Claims Act is Non-Jurisdictional: A Comprehensive Analysis of In re Plavix Marketing Litigation

Third Circuit Recognizes Procedural Due Process Rights Against Indefinite Solitary Confinement for Death Row Inmates with Stayed Vacatur Orders

Third Circuit Establishes First Amendment Limits on 18 U.S.C. §§2257 & 2257A for Adult Content Producers

Equal Protection and Probable Cause: Harvard v. Cesnalis Establishes New Precedents

Establishing the Good Faith Defense Under §1983 for Union-Based Fair-Share Fee Collection

Noerr-Pennington Immunity and Standard of Proof in §1983 Civil Rights Claims

Impeachment of Compelled Psychiatric Statements Under the Fifth Amendment: Third Circuit Affirms

3d Circuit Case Commentaries

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