3d Circuit Case Commentaries

Clarifying Standards for Early Termination of Supervised Release under 18 U.S.C. § 3583(e): United States v. Melvin

Date: Oct 17, 2020

Clarifying Standards for Early Termination of Supervised Release under 18 U.S.C. § 3583(e): United States v. Melvin Introduction In United States of America v. Cory Melvin, 978 F.3d 49 (3d Cir....

Third Circuit Reinforces Zoning Ordinance Neutrality Against FHAA Discrimination Claims

Date: Oct 9, 2020

Third Circuit Reinforces Zoning Ordinance Neutrality Against FHAA Discrimination Claims Introduction In the matter of 431 East Palisade Avenue Real Estate, LLC; 7 North Woodland Street, LLC; John and...

Federal Circuit Reinforces Scrutiny of Reverse-Payment and Sham Litigation in Pharmaceutical Antitrust Enforcement

Date: Oct 1, 2020

Federal Circuit Reinforces Scrutiny of Reverse-Payment and Sham Litigation in Pharmaceutical Antitrust Enforcement Introduction The case of Federal Trade Commission (FTC) v. AbbVie Inc., Abbott...

Affirmation of District Court’s Dismissal in State-Created Danger Claims: Tamika Johnson v. City of Philadelphia

Date: Sep 23, 2020

Affirmation of District Court’s Dismissal in State-Created Danger Claims: Tamika Johnson v. City of Philadelphia Introduction In the case of Tamika Johnson, Individually and as Administratrix of the...

Reaffirming Rule 52(c) Standards for Partial Judgments: DLJ Mortgage Capital, Inc. v. Sheridan

Date: Sep 23, 2020

Reaffirming Rule 52(c) Standards for Partial Judgments: DLJ Mortgage Capital, Inc. v. Sheridan Introduction The case of DLJ Mortgage Capital, Inc. v. Roy Sheridan (975 F.3d 358) addresses critical...

Third Circuit Affirms Reasonableness of School District's Economic Suspensions of Tenured Teachers Under Contracts Clause

Date: Sep 22, 2020

Third Circuit Affirms Reasonableness of School District's Economic Suspensions of Tenured Teachers Under Contracts Clause Introduction In the landmark case of Watters, Popish, & Burdett v. Board of...

Third Circuit Affirms Constitutionality of City's No-Announcement Policy during Sheriff’s Sales under First Amendment

Date: Sep 19, 2020

Third Circuit Affirms Constitutionality of City's No-Announcement Policy during Sheriff’s Sales under First Amendment Introduction In the case of James Porter; Marilynn Sankowski v. City of...

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...

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