3d Circuit Case Commentaries

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

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

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

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

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

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

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...

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...

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