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3d Circuit Case Commentaries

Affirmation of Non-Waiver of Personal Jurisdiction Defenses upon Removal to Federal Court

Affirmation of Non-Waiver of Personal Jurisdiction Defenses upon Removal to Federal Court

Date: Jan 16, 2020
Affirmation of Non-Waiver of Personal Jurisdiction Defenses upon Removal to Federal Court Introduction The case Danziger & De Llano, LLP v. Morgan Verkamp LLC addresses critical issues surrounding...
Affirming Partial Summary Judgment in Thomas v. Tice: Implications for Eighth Amendment Protections in Administrative Confinement

Affirming Partial Summary Judgment in Thomas v. Tice: Implications for Eighth Amendment Protections in Administrative Confinement

Date: Jan 16, 2020
Affirming Partial Summary Judgment in Thomas v. Tice: Implications for Eighth Amendment Protections in Administrative Confinement Introduction In the landmark case of Briaheen Thomas v. Deputy...
Affirmation of Summary Judgment in Durst v. City of Philadelphia: Establishing the Burden in Reverse Discrimination Claims

Affirmation of Summary Judgment in Durst v. City of Philadelphia: Establishing the Burden in Reverse Discrimination Claims

Date: Jan 15, 2020
Affirmation of Summary Judgment in Durst v. City of Philadelphia: Establishing the Burden in Reverse Discrimination Claims Introduction In the case of James Durst v. City of Philadelphia, adjudicated...
Affirmation of Excluding Mistake-of-Age Evidence under 18 U.S.C §2423(a) and §2251(a): U.S. v. Tyson Analysis

Affirmation of Excluding Mistake-of-Age Evidence under 18 U.S.C §2423(a) and §2251(a): U.S. v. Tyson Analysis

Date: Jan 15, 2020
Affirmation of Excluding Mistake-of-Age Evidence under 18 U.S.C §2423(a) and §2251(a): United States v. William M. Tyson Introduction The case of United States of America v. William M. Tyson revolves...
Nationwide Personal Jurisdiction under RICO: Clarifying Subsection (b) as the Governing Provision

Nationwide Personal Jurisdiction under RICO: Clarifying Subsection (b) as the Governing Provision

Date: Jan 15, 2020
Nationwide Personal Jurisdiction under RICO: Clarifying Subsection (b) as the Governing Provision Introduction In the case of Laurel Gardens, LLC et al. v. Timothy McKenna et al. (948 F.3d 105, 3rd...
RICO Conspiracy and Extraterritorial Jurisdiction: Insights from United States v. Churuk and Botsvynyuk

RICO Conspiracy and Extraterritorial Jurisdiction: Insights from United States v. Churuk and Botsvynyuk

Date: Jan 10, 2020
RICO Conspiracy and Extraterritorial Jurisdiction: Insights from United States v. Churuk and Botsvynyuk Introduction In the case of United States of America v. Yaroslav Churuk and Mykhaylo...
Enhanced Guidelines Interpretation in US v. Bell: Physical Restraint Reversed

Enhanced Guidelines Interpretation in US v. Bell: Physical Restraint Reversed

Date: Jan 8, 2020
Enhanced Guidelines Interpretation in US v. Bell: Physical Restraint Reversed Introduction In the case of United States of America v. Marquise Bell (947 F.3d 49, Third Circuit, 2020), the appellant,...
Affirmation of Dismissal in Title VII Claims Under RLA Framework: Hukman v. American Airlines

Affirmation of Dismissal in Title VII Claims Under RLA Framework: Hukman v. American Airlines

Date: Jan 1, 2020
Affirmation of Dismissal in Title VII Claims Under RLA Framework: Hukman v. American Airlines Introduction The case of Sheida Hukman v. American Airlines, Inc., f/k/a US Airways was adjudicated by...
Enhanced Scrutiny for Class Certification: Third Circuit Reverses District Court in American Airlines Overtime Wage Case

Enhanced Scrutiny for Class Certification: Third Circuit Reverses District Court in American Airlines Overtime Wage Case

Date: Dec 25, 2019
Enhanced Scrutiny for Class Certification: Third Circuit Reverses District Court in American Airlines Overtime Wage Case Introduction In the landmark case Daniel Ferreras et al. v. American Airlines,...
Tolling of Statute of Limitations for §1983 Claims by Former Prisoners: Insights from Jones v. Unknown D.O.C. Bus Driver

Tolling of Statute of Limitations for §1983 Claims by Former Prisoners: Insights from Jones v. Unknown D.O.C. Bus Driver

Date: Dec 14, 2019
Tolling of Statute of Limitations for §1983 Claims by Former Prisoners: Insights from Jones v. Unknown D.O.C. Bus Driver Introduction The case of William R. Jones v. Unknown D.O.C. Bus Driver and...
Third Circuit Establishes Flexible Framework for In Forma Pauperis Applications under PLRA in Brown v. Sage

Third Circuit Establishes Flexible Framework for In Forma Pauperis Applications under PLRA in Brown v. Sage

Date: Oct 31, 2019
Third Circuit Establishes Flexible Framework for In Forma Pauperis Applications under PLRA in Brown v. Sage Introduction The case of Joseph A. Brown v. Dr. Sage et al., adjudicated by the United...
Affirmation of Denial for Compassionate Release Under 18 U.S.C. § 3582(c)(1)(A)(i) – United States v. Handerhan

Affirmation of Denial for Compassionate Release Under 18 U.S.C. § 3582(c)(1)(A)(i) – United States v. Handerhan

Date: Oct 5, 2019
Affirmation of Denial for Compassionate Release Under 18 U.S.C. § 3582(c)(1)(A)(i) – United States v. Handerhan Introduction United States of America v. Blaine R. Handerhan is a non-precedential...
Presumption of Probable Cause in Malicious Prosecution: Costino v. Anderson

Presumption of Probable Cause in Malicious Prosecution: Costino v. Anderson

Date: Oct 5, 2019
Presumption of Probable Cause in Malicious Prosecution: Costino v. Anderson Introduction In the case of John G. Costino v. Police Officer Tonya Anderson and others, the United States Court of Appeals...
Third Circuit Limits Rooker-Feldman and Younger Doctrines in Federal Review of Active Family Court Cases

Third Circuit Limits Rooker-Feldman and Younger Doctrines in Federal Review of Active Family Court Cases

Date: Sep 19, 2019
Third Circuit Limits Rooker-Feldman and Younger Doctrines in Federal Review of Active Family Court Cases Introduction The case of Surender Malhan et al. v. Secretary of the United States Department...
Finality and Appellate Jurisdiction Reinforced in Amy Weber v. Dually

Finality and Appellate Jurisdiction Reinforced in Amy Weber v. Dually

Date: Sep 13, 2019
Finality and Appellate Jurisdiction Reinforced in Amy Weber v. Dually Introduction Amy Weber, Individually, and as Parent, Natural Guardian and Next Friend on behalf of K.A., a Minor v. Frances A....
Rule 15 Amendments and PLRA Exhaustion: Third Circuit’s Landmark Decision in Garrett v. Wexford Health

Rule 15 Amendments and PLRA Exhaustion: Third Circuit’s Landmark Decision in Garrett v. Wexford Health

Date: Sep 11, 2019
Rule 15 Amendments and PLRA Exhaustion: Third Circuit’s Landmark Decision in Garrett v. Wexford Health Introduction Garrett v. Wexford Health is a significant decision rendered by the United States...
Affirmation of Summary Judgment in Thomas Wood v. Detwiler et al.: Implications for Eighth Amendment Claims in Correctional Settings

Affirmation of Summary Judgment in Thomas Wood v. Detwiler et al.: Implications for Eighth Amendment Claims in Correctional Settings

Date: Aug 30, 2019
Affirmation of Summary Judgment in Thomas Wood v. Detwiler et al.: Implications for Eighth Amendment Claims in Correctional Settings Introduction In the appellate case Thomas Wood v. Sgt. Detwiler;...
Appellate Court Refines Punitive Damages Ratio Analysis in Defamation Cases Involving Nominal Awards

Appellate Court Refines Punitive Damages Ratio Analysis in Defamation Cases Involving Nominal Awards

Date: Aug 29, 2019
Appellate Court Refines Punitive Damages Ratio Analysis in Defamation Cases Involving Nominal Awards Introduction In the matter of Michael Jester; Penn Ridge Farms, LLC v. Robert Hutt; Fantasy Lane...
Regulation Z Reinforcement: The Necessity of a Written Agreement in Credit Extensions

Regulation Z Reinforcement: The Necessity of a Written Agreement in Credit Extensions

Date: Aug 21, 2019
Regulation Z Reinforcement: The Necessity of a Written Agreement in Credit Extensions Introduction In the appellate decision Andrew Wolfington v. Reconstructive Orthopaedic Associates II PC, the...
Third Circuit Establishes Enhanced Standards for Eighth Amendment Prison Conditions

Third Circuit Establishes Enhanced Standards for Eighth Amendment Prison Conditions

Date: Aug 15, 2019
Third Circuit Establishes Enhanced Standards for Eighth Amendment Prison Conditions Introduction In the landmark case Anthony Mammana v. Federal Bureau of Prisons, decided on August 14, 2019, the...
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