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  • Commentaries
  • Judgments

3d Circuit Case Commentaries

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

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

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

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

Date: Sep 2, 2020
Third Circuit Establishes First Amendment Limits on 18 U.S.C. §§2257 & 2257A for Adult Content Producers Case: Free Speech Coalition, Inc. et al. v. Attorney General, United States Court of Appeals...
Equal Protection and Probable Cause: Harvard v. Cesnalis Establishes New Precedents

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

Date: Sep 2, 2020
Equal Protection and Probable Cause: Harvard v. Cesnalis Establishes New Precedents Introduction The case of Dwayne Harvard v. Christopher J. Cesnalis; Daniel L. Beatty, 973 F.3d 190 (3d Cir. 2020),...
Establishing the Good Faith Defense Under §1983 for Union-Based Fair-Share Fee Collection

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

Date: Aug 29, 2020
Establishing the Good Faith Defense Under §1983 for Union-Based Fair-Share Fee Collection Introduction The case of Arthur Diamond et al. v. Service Employees International Union Local 668 addressed...
Noerr-Pennington Immunity and Standard of Proof in §1983 Civil Rights Claims

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

Date: Aug 28, 2020
Noerr-Pennington Immunity and Standard of Proof in §1983 Civil Rights Claims Introduction The case of Simon Campbell; Pennsylvanians for Union Reform v. Pennsylvania School Boards Association...
Impeachment of Compelled Psychiatric Statements Under the Fifth Amendment: Third Circuit Affirms

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

Date: Aug 27, 2020
Impeachment of Compelled Psychiatric Statements Under the Fifth Amendment: Third Circuit Affirms Introduction In the case of Adam Rosen v. Superintendent Mahanoy SCI; Attorney General of the...
Limits on Prosecutorial Immunity: Insights from Crystal Dawn Weimer v. County of Fayette

Limits on Prosecutorial Immunity: Insights from Crystal Dawn Weimer v. County of Fayette

Date: Aug 26, 2020
Limits on Prosecutorial Immunity: Insights from Crystal Dawn Weimer v. County of Fayette Introduction The case of Crystal Dawn Weimer v. County of Fayette represents a significant development in the...
Third Circuit Upholds Substantial Evidence Standard in Reasonable Fear Determinations: Romero v. Attorney General

Third Circuit Upholds Substantial Evidence Standard in Reasonable Fear Determinations: Romero v. Attorney General

Date: Aug 26, 2020
Third Circuit Upholds Substantial Evidence Standard in Reasonable Fear Determinations: Romero v. Attorney General Introduction David Castillo Romero v. Attorney General of the United States (972 F.3d...
Mandatory Preliminary Injunctions for Immigration Detainees During COVID-19: Procedural and Substantive Due Process Considerations

Mandatory Preliminary Injunctions for Immigration Detainees During COVID-19: Procedural and Substantive Due Process Considerations

Date: Aug 26, 2020
Mandatory Preliminary Injunctions for Immigration Detainees During COVID-19: Procedural and Substantive Due Process Considerations Introduction The case of Aarón Hope et al. v. Warden York County...
Third Circuit Establishes Clear Standards for Qualified Immunity in Civil Rights Claims

Third Circuit Establishes Clear Standards for Qualified Immunity in Civil Rights Claims

Date: Aug 25, 2020
Third Circuit Establishes Clear Standards for Qualified Immunity in Civil Rights Claims Introduction The case of Crystal Starnes v. Butler County Court of Common Pleas has set a pivotal precedent in...
Mario Abreu v. Superintendent Smithfield Science: Establishing Mootness in Habeas Corpus Petitions with Conflicting Convictions

Mario Abreu v. Superintendent Smithfield Science: Establishing Mootness in Habeas Corpus Petitions with Conflicting Convictions

Date: Aug 20, 2020
Mario Abreu v. Superintendent Smithfield Science: Establishing Mootness in Habeas Corpus Petitions with Conflicting Convictions Introduction The case of Mario Abreu v. Superintendent Smithfield...
Affirmation of Enhanced Sentencing in Child Pornography Case: U.S. v. Seibert

Affirmation of Enhanced Sentencing in Child Pornography Case: U.S. v. Seibert

Date: Aug 20, 2020
Affirmation of Enhanced Sentencing in Child Pornography Case: U.S. v. Seibert Introduction In the landmark case United States of America v. Michael W. Seibert, Jr., the United States Court of Appeals...
Categorical Approach Limitation in Aggravated Felony Determination: Nelida Beatriz Cabeda v. Attorney General of the United States

Categorical Approach Limitation in Aggravated Felony Determination: Nelida Beatriz Cabeda v. Attorney General of the United States

Date: Aug 19, 2020
Categorical Approach Limitation in Aggravated Felony Determination: Nelida Beatriz Cabeda v. Attorney General of the United States Introduction The case of Nelida Beatriz Cabeda versus the Attorney...
Third Circuit Affirms Rule 16(b)(4) Supremacy Over Rule 15(a) in Amendment Motions Post Scheduling Order Deadline

Third Circuit Affirms Rule 16(b)(4) Supremacy Over Rule 15(a) in Amendment Motions Post Scheduling Order Deadline

Date: Aug 13, 2020
Third Circuit Affirms Rule 16(b)(4) Supremacy Over Rule 15(a) in Amendment Motions Post Scheduling Order Deadline Introduction The case of Premier Comp Solutions, LLC v. UPMC (970 F.3d 316) involves...
Affirmation of Death Sentence in United States of America v. Kaboni Savage Establishes Rigorous Standards for Capital Punishment Cases

Affirmation of Death Sentence in United States of America v. Kaboni Savage Establishes Rigorous Standards for Capital Punishment Cases

Date: Aug 12, 2020
Affirmation of Death Sentence in United States of America v. Kaboni Savage Establishes Rigorous Standards for Capital Punishment Cases Introduction United States of America v. Kaboni Savage is a...
Affirmation of Summary Judgment in Disability Discrimination and Retaliation Case: Wright v. Providence Care Center

Affirmation of Summary Judgment in Disability Discrimination and Retaliation Case: Wright v. Providence Care Center

Date: Aug 11, 2020
Affirmation of Summary Judgment in Disability Discrimination and Retaliation Case: Wright v. Providence Care Center Introduction In the case of Shawanna Wright v. Providence Care Center, LLC, the...
Third Circuit Establishes New Precedent on Title IX 'Appropriate Person' Standard

Third Circuit Establishes New Precedent on Title IX 'Appropriate Person' Standard

Date: Aug 6, 2020
Third Circuit Establishes New Precedent on Title IX 'Appropriate Person' Standard Introduction The case of M.S., a minor, by and through her mother Paris Hall; PARIS HALL, individual versus...
Third Circuit Resists Bivens Expansion for First Amendment Claims in Prison Context

Third Circuit Resists Bivens Expansion for First Amendment Claims in Prison Context

Date: Aug 5, 2020
Third Circuit Resists Bivens Expansion for First Amendment Claims in Prison Context Introduction In the landmark case Mack v. Yost et al., the United States Court of Appeals for the Third Circuit...
Separation of Bankruptcy Code Standing and Constitutional Standing: Insights from In re Wilton Armétale, Inc.

Separation of Bankruptcy Code Standing and Constitutional Standing: Insights from In re Wilton Armétale, Inc.

Date: Aug 5, 2020
Separation of Bankruptcy Code Standing and Constitutional Standing: Insights from In re Wilton Armétale, Inc. Introduction The case of In re: Wilton Armétale, Inc., a/k/a Wapita, Inc., Debtor...
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