3d Circuit Case Commentaries

Impracticability in Contract Law: Third Circuit Sets New Precedent in DHS Settlement Dispute

Date: Dec 22, 2024

Impracticability in Contract Law: Third Circuit Sets New Precedent in DHS Settlement Dispute Introduction The case of Hoffman et al. v. Secretary Pennsylvania Department of Human Services represents...

Third Circuit Upholds Career Offender Enhancement in Kelly Case

Date: Dec 22, 2024

Third Circuit Upholds Career Offender Enhancement in Kelly Case Introduction In United States of America v. Germaine Kelly, the United States Court of Appeals for the Third Circuit affirmed the...

Limits of §1983 Claims Against Private Parties and Qualified Immunity Affirmed in Hamilton v. Flanagan et al.

Date: Dec 19, 2024

Limits of §1983 Claims Against Private Parties and Qualified Immunity Affirmed in Hamilton v. Flanagan et al. Introduction Hamilton v. Flanagan et al., is a significant case adjudicated by the United...

Third Circuit Upholds Dismissal of §1983 Claims for Statute of Limitations and Judicial Immunity

Date: Dec 19, 2024

Third Circuit Upholds Dismissal of §1983 Claims for Statute of Limitations and Judicial Immunity Introduction In the case of Kaeun Kim v. Mark Ali, Mira Ohm, Robert Buhrmeister, Prudential Financial,...

Enhanced Standards for Disability Retaliation and Age Discrimination: LaFiandra v. Accenture

Date: Dec 19, 2024

Enhanced Standards for Disability Retaliation and Age Discrimination: LaFiandra v. Accenture Introduction In the case of Lynn LaFiandra v. Accenture, LLP; Barbara Harvey; Francis Hintermann, the...

Third Circuit Establishes Public-Private Distinction for State-Created Insurance Entities: Impact on Constitutional Claims

Date: Dec 19, 2024

Third Circuit Establishes Public-Private Distinction for State-Created Insurance Entities: Impact on Constitutional Claims Introduction The case of Pennsylvania Professional Liability Joint...

Strict Standards for APA and First Amendment Claims in Prison Mail Handling: Third Circuit Affirms Dismissal in Pontefract v. Federal Bureau of Prisons

Date: Dec 16, 2024

Strict Standards for APA and First Amendment Claims in Prison Mail Handling: Third Circuit Affirms Dismissal in Pontefract v. Federal Bureau of Prisons Introduction In Pontefract v. Federal Bureau of...

Affirmation of Drug Conspiracy and Distribution Convictions: Analyzing Griffith v. United States

Date: Dec 16, 2024

Affirmation of Drug Conspiracy and Distribution Convictions: Analyzing Griffith v. United States Introduction The case of United States of America v. David Lynn Griffith presents a complex interplay...

Application of 28 U.S.C. §1443 in State Criminal Prosecutions: A Commentary on Commonwealth of Pennsylvania v. Holloway

Date: Dec 16, 2024

Application of 28 U.S.C. §1443 in State Criminal Prosecutions: A Commentary on Commonwealth of Pennsylvania v. Holloway Introduction The case of Commonwealth of Pennsylvania v. Ronald S. Holloway,...

Genivaldo Pereira Pimenta v. Attorney General: Establishing the Nexus Requirement for Asylum Claims

Date: Dec 16, 2024

Genivaldo Pereira Pimenta v. Attorney General: Establishing the Nexus Requirement for Asylum Claims Introduction In the case of Genivaldo Pereira Pimenta; Queitani De Souza Alves; C. E.S. P.A v....

Establishing Wrong-Forum Tolling in Statute of Limitations: Williams v. Tech Mahindra

Date: Dec 16, 2024

Establishing Wrong-Forum Tolling in Statute of Limitations: Williams v. Tech Mahindra Introduction The case of Lee Williams, Individually and in His Representative Capacity v. Tech Mahindra...

Preemption of State-Law Tax Refund Claims under 26 U.S.C. §7422: Wiggins v. Jefferson Einstein Hospital

Date: Dec 16, 2024

Preemption of State-Law Tax Refund Claims under 26 U.S.C. §7422: Wiggins v. Jefferson Einstein Hospital Introduction In the case of Michael Wiggins, Appellant v. Jefferson Einstein Hospital, the...

Unconstitutional Confidentiality in Educator Misconduct Complaints: Pepper v. Attorney General of Pennsylvania

Date: Dec 16, 2024

Unconstitutional Confidentiality in Educator Misconduct Complaints: Pepper v. Attorney General of Pennsylvania Introduction James Pepper v. Attorney General of Pennsylvania; District Attorney Bucks...

Third Circuit Affirms Application of Three-Strikes Law in Martin Case

Date: Dec 16, 2024

Third Circuit Affirms Application of Three-Strikes Law in Martin Case Introduction In the case of United States of America v. Robert Earl Martin, the United States Court of Appeals for the Third...

Estrada v. United States: Interpretation of 18 U.S.C. § 3582(c) in Compassionate Release

Date: Dec 16, 2024

Estrada v. United States: Interpretation of 18 U.S.C. § 3582(c) in Compassionate Release Introduction Estrada v. United States is a noteworthy case adjudicated by the United States Court of Appeals...

Clarifying Injunctive Relief Standards in Political Speech Cases: Sheliga v. Windber

Date: Dec 16, 2024

Clarifying Injunctive Relief Standards in Political Speech Cases: Sheliga v. Windber Introduction In the case of Michael John Sheliga v. Borough of Windber; Brian Miller, Windber Borough Police...

Limits to CREAMMA's Employment Protections for Prospective Employees: Insights from Zanetich v. Walmart East

Date: Dec 11, 2024

Limits to CREAMMA's Employment Protections for Prospective Employees: Insights from Zanetich v. Walmart East Introduction The case Erick Zanetich v. Walmart Stores East, Inc., decided by the United...

Mandatory Bargaining on Hazard Pay and Expiration of CBA Clauses: Insights from Alaris Health v. NLRB

Date: Dec 11, 2024

Mandatory Bargaining on Hazard Pay and Expiration of CBA Clauses: Insights from Alaris Health v. NLRB Introduction In the landmark case of Alaris Health at Boulevard East v. National Labor Relations...

Proper Application of Poulis Factors in Dismissal with Prejudice

Date: Dec 11, 2024

Proper Application of Poulis Factors in Dismissal with Prejudice Introduction In the case of Janet Sloan, Appellant v. Sloan Construction Company; Leon Sloan, Sr.; Sara Sloan, adjudicated by the...

Administrative Exhaustion and Waiver in Asylum Claims: Analysis of Ojeda-Guaman v. Attorney General

Date: Dec 11, 2024

Administrative Exhaustion and Waiver in Asylum Claims: Analysis of Ojeda-Guaman v. Attorney General Introduction In the case of Johana Ojeda-Guaman v. Attorney General United States of America, the...