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  • Commentaries
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3d Circuit Case Commentaries

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...
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...
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