3d Circuit Case Commentaries

Reinstatement Triggers FCBA Dispute Period and Enforces TILA's Liability Limits: Krieger v. Bank of America

Date: May 17, 2018

Reinstatement Triggers FCBA Dispute Period and Enforces TILA's Liability Limits: Krieger v. Bank of America Introduction Krieger v. Bank of America, N.A., 890 F.3d 429 (3d Cir. 2018), marks a...

Third Circuit Upholds Occurrence Rule for FDCPA Statute of Limitations

Date: May 16, 2018

Third Circuit Upholds Occurrence Rule for FDCPA Statute of Limitations Introduction In Rotkiske v. Klemm et al., decided on May 15, 2018, the United States Court of Appeals for the Third Circuit...

Affirmation of Attorney Representation Requirement for "Next Friend" Proceedings in Federal Habeas Corpus Actions

Date: Apr 25, 2018

Affirmation of Attorney Representation Requirement for "Next Friend" Proceedings in Federal Habeas Corpus Actions Introduction The case of Mary Bush v. Kimberly Goodall et al. addresses significant...

Determining Trust Citizenship for Diversity Jurisdiction: Traditional Trusts Based Solely on Trustee Citizenship

Date: Apr 20, 2018

Determining Trust Citizenship for Diversity Jurisdiction: Traditional Trusts Based Solely on Trustee Citizenship Introduction In the case of GBFOREFRONT, L.P. v. Forefront Management Group, LLC et...

Enhancing Procedural Safeguards for Exhaustion of Administrative Remedies under the Prison Litigation Reform Act

Date: Mar 17, 2018

Enhancing Procedural Safeguards for Exhaustion of Administrative Remedies under the Prison Litigation Reform Act Introduction In Paladino v. Newsome, 885 F.3d 203 (3d Cir. 2018), the United States...

Refined Criteria for 'Position of Trust' under U.S.S.G. §3B1.3

Date: Mar 16, 2018

Refined Criteria for 'Position of Trust' under U.S.S.G. §3B1.3 Introduction In the landmark case of United States of America v. Kenneth R. Douglas, 885 F.3d 124 (3d Cir. 2018), the United States...

Component-Level Express Preemption in Hybrid Medical Devices: Insights from Shuker v. Smith & Nephew

Date: Mar 2, 2018

Component-Level Express Preemption in Hybrid Medical Devices: Insights from Shuker v. Smith & Nephew Introduction The case of Shuker v. Smith & Nephew, PLC; Smith & Nephew, Inc., adjudicated by the...

Settlement Offers for Time-Barred Debts Under FDCPA: Establishing Misleading Practices

Date: Feb 13, 2018

Settlement Offers for Time-Barred Debts Under FDCPA: Establishing Misleading Practices Introduction In the landmark case Michelle Tatis, Individually and on behalf of all others similarly situated,...

Causation Requirements in False Claims Act Enforcement: Insights from United States ex rel. Greenfield v. Medco Health Solutions, Inc.

Date: Jan 20, 2018

Causation Requirements in False Claims Act Enforcement: Insights from United States ex rel. Greenfield v. Medco Health Solutions, Inc. Introduction The case of United States of America ex rel....

Bank Robbery by Intimidation Affirmed as a Crime of Violence Under US Sentencing Guidelines

Date: Jan 18, 2018

Bank Robbery by Intimidation Affirmed as a Crime of Violence Under US Sentencing Guidelines 1. Introduction In the case of United States of America v. Jerome Wilson, 880 F.3d 80 (3d Cir. 2018), the...

Affirmation of Summary Judgment in Jamar Boykins v. Septa: Implications for Race Discrimination and Retaliation Claims

Date: Jan 18, 2018

Affirmation of Summary Judgment in Jamar Boykins v. Septa: Implications for Race Discrimination and Retaliation Claims Introduction The case of Jamar Boykins v. Southeastern Pennsylvania...

Third Circuit Affirms Eleventh Amendment Immunity for NJ Transit Officers in Karns v. NJ Transit

Date: Jan 12, 2018

Third Circuit Affirms Eleventh Amendment Immunity for NJ Transit Officers in Karns v. NJ Transit Introduction In the case of Don Karns and Robert Parker v. New Jersey Transit Corporation and Officers...

Application of the Substantial Evidence Standard in Disability Determinations: Suzie Lynn Miller v. Commissioner of Social Security

Date: Dec 27, 2017

Application of the Substantial Evidence Standard in Disability Determinations: Suzie Lynn Miller v. Commissioner of Social Security Introduction The case of Suzie Lynn Miller v. Commissioner of...

Affirmation of Absolute Immunity for Prosecutors and Witnesses in §1983 Claims

Date: Dec 22, 2017

Affirmation of Absolute Immunity for Prosecutors and Witnesses in §1983 Claims Introduction In the case of Howard A. Carter, Appellant v. Kathleen G. Kane et al., the United States Court of Appeals...

Non-Religious Beliefs Do Not Qualify for Title VII Protection: Fallon v. Mercy Catholic Medical Center

Date: Dec 15, 2017

Non-Religious Beliefs Do Not Qualify for Title VII Protection: Fallon v. Mercy Catholic Medical Center Introduction Fallon v. Mercy Catholic Medical Center of Southeastern Pennsylvania, 877 F.3d 487...

Qualified Immunity and Municipal Liability in School Board Bans: Insights from Barna v. Panther Valley School District Board

Date: Dec 8, 2017

Qualified Immunity and Municipal Liability in School Board Bans: Insights from Barna v. Panther Valley School District Board Introduction The case of John Barna v. Board of School Directors of the...

Previous Next

3d Circuit Case Commentaries

Reinstatement Triggers FCBA Dispute Period and Enforces TILA's Liability Limits: Krieger v. Bank of America

Third Circuit Upholds Occurrence Rule for FDCPA Statute of Limitations

Affirmation of Attorney Representation Requirement for "Next Friend" Proceedings in Federal Habeas Corpus Actions

Determining Trust Citizenship for Diversity Jurisdiction: Traditional Trusts Based Solely on Trustee Citizenship

Enhancing Procedural Safeguards for Exhaustion of Administrative Remedies under the Prison Litigation Reform Act

Refined Criteria for 'Position of Trust' under U.S.S.G. §3B1.3

Component-Level Express Preemption in Hybrid Medical Devices: Insights from Shuker v. Smith & Nephew

Settlement Offers for Time-Barred Debts Under FDCPA: Establishing Misleading Practices

Causation Requirements in False Claims Act Enforcement: Insights from United States ex rel. Greenfield v. Medco Health Solutions, Inc.

Bank Robbery by Intimidation Affirmed as a Crime of Violence Under US Sentencing Guidelines

Affirmation of Summary Judgment in Jamar Boykins v. Septa: Implications for Race Discrimination and Retaliation Claims

Third Circuit Affirms Eleventh Amendment Immunity for NJ Transit Officers in Karns v. NJ Transit

Application of the Substantial Evidence Standard in Disability Determinations: Suzie Lynn Miller v. Commissioner of Social Security

Affirmation of Absolute Immunity for Prosecutors and Witnesses in §1983 Claims

Non-Religious Beliefs Do Not Qualify for Title VII Protection: Fallon v. Mercy Catholic Medical Center

Qualified Immunity and Municipal Liability in School Board Bans: Insights from Barna v. Panther Valley School District Board

Reversing Qualified Immunity: State-Created Danger and the Subjective Deliberate Indifference Standard in § 1983 Claims

Third Circuit Governs Liberal Leave to Amend in Civil Rights Cases: Mullin v. Dually

Enforcement of Forum Selection Clauses Under Texas Law: Collins v. Mary Kay Inc.

Establishing Standing for Economic Injuries in Consumer Class Actions: Cottrell v. Alcon Laboratories

3d Circuit Case Commentaries

We use cookies to improve your experience