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  • Commentaries
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3d Circuit Case Commentaries

Reaffirmation of Probable Cause in Malicious Prosecution Claims: Zimmerman v. Corbett et al.

Reaffirmation of Probable Cause in Malicious Prosecution Claims: Zimmerman v. Corbett et al.

Date: Oct 17, 2017
Reaffirmation of Probable Cause in Malicious Prosecution Claims: Zimmerman v. Corbett et al. Introduction In the case of John R. Zimmerman v. Thomas W. Corbett; Linda L. Kelly; Frank G. Fina; K....
Zuber v. Boscov's: Scope of Compromise and Release Agreements in Waiving FMLA and Common Law Claims

Zuber v. Boscov's: Scope of Compromise and Release Agreements in Waiving FMLA and Common Law Claims

Date: Sep 12, 2017
Zuber v. Boscov's: Scope of Compromise and Release Agreements in Waiving FMLA and Common Law Claims Introduction The legal landscape governing the waiver of employee rights through settlement...
Defining Supervisor Status Under Title VII: Third Circuit Vacates Summary Judgment in Moody v. Atlantic City Board of Education

Defining Supervisor Status Under Title VII: Third Circuit Vacates Summary Judgment in Moody v. Atlantic City Board of Education

Date: Sep 7, 2017
Defining Supervisor Status Under Title VII: Third Circuit Vacates Summary Judgment in Moody v. Atlantic City Board of Education Introduction In the case of Michelle Moody v. Atlantic City Board of...
Juror Substitution and Due Process: An Analysis of United States v. Penn

Juror Substitution and Due Process: An Analysis of United States v. Penn

Date: Aug 31, 2017
Juror Substitution and Due Process: An Analysis of United States v. Penn Introduction In the case of United States of America v. Jesse Nathaniel Penn, Jr., decided by the United States Court of...
Williams v. Pennsylvania Human Relations Commission: Establishing § 1983 Inapplicability for Title VII and ADA Claims

Williams v. Pennsylvania Human Relations Commission: Establishing § 1983 Inapplicability for Title VII and ADA Claims

Date: Aug 31, 2017
Disclaimer: This commentary is intended for informational purposes only and does not constitute legal advice. For specific legal issues, please consult a qualified attorney. Williams v. Pennsylvania...
Third Circuit Sets New Standards for Selective Enforcement in Reverse Stash House Sting Operations

Third Circuit Sets New Standards for Selective Enforcement in Reverse Stash House Sting Operations

Date: Aug 29, 2017
Third Circuit Sets New Standards for Selective Enforcement in Reverse Stash House Sting Operations Introduction In United States of America v. Askia Washington, 869 F.3d 193 (3d Cir. 2017), the...
Limits of the §2241 Saving Clause Post-Fowler: An In-Depth Analysis of Bruce v. Warden Lewisburg USP

Limits of the §2241 Saving Clause Post-Fowler: An In-Depth Analysis of Bruce v. Warden Lewisburg USP

Date: Aug 23, 2017
Limits of the §2241 Saving Clause Post-Fowler: An In-Depth Analysis of Bruce v. Warden Lewisburg USP Introduction Charles Gray Bruce, also known as Charles Gary Bruce, appeals his conviction for...
Third Circuit Establishes No Bivens Action for First Amendment Retaliation Against TSA Screeners

Third Circuit Establishes No Bivens Action for First Amendment Retaliation Against TSA Screeners

Date: Aug 23, 2017
Third Circuit Establishes No Bivens Action for First Amendment Retaliation Against TSA Screeners Introduction In the case of Roger Vanderklok v. United States of America, the United States Court of...
Strengthening Antitrust Oversight of Reverse Payment Settlements in Pharmaceutical Litigation: Insights from the Third Circuit's 2017 Decision

Strengthening Antitrust Oversight of Reverse Payment Settlements in Pharmaceutical Litigation: Insights from the Third Circuit's 2017 Decision

Date: Aug 22, 2017
Strengthening Antitrust Oversight of Reverse Payment Settlements in Pharmaceutical Litigation: Insights from the Third Circuit's 2017 Decision Introduction The United States Court of Appeals for the...
Defining Parallel Proceedings Under the Declaratory Judgment Act: Insights from Kelly v. Maxum Specialty Insurance Group

Defining Parallel Proceedings Under the Declaratory Judgment Act: Insights from Kelly v. Maxum Specialty Insurance Group

Date: Aug 22, 2017
Defining Parallel Proceedings Under the Declaratory Judgment Act: Insights from Kelly v. Maxum Specialty Insurance Group Introduction The case of Ronald Kelly; Patrice Kelly v. Maxum Specialty...
Establishing a Four-Step Framework for §1404(a) Transfers in the Presence of Forum-Selection Clauses: Insights from Howmedica Osteonics Corp. v. Respondents

Establishing a Four-Step Framework for §1404(a) Transfers in the Presence of Forum-Selection Clauses: Insights from Howmedica Osteonics Corp. v. Respondents

Date: Aug 16, 2017
Establishing a Four-Step Framework for §1404(a) Transfers in the Presence of Forum-Selection Clauses: Insights from Howmedica Osteonics Corp. v. Respondents Introduction The case of Howmedica...
Affirmation of Summary Judgment in ADA Hostile Work Environment Claim: Ballard-Carter v. Vanguard Group

Affirmation of Summary Judgment in ADA Hostile Work Environment Claim: Ballard-Carter v. Vanguard Group

Date: Aug 10, 2017
Affirmation of Summary Judgment in ADA Hostile Work Environment Claim: Ballard-Carter v. Vanguard Group Introduction Ballard-Carter v. Vanguard Group is a notable case adjudicated by the United...
Reaffirmation of Eighth Amendment Standards in Prison Medical Care: Gonzalez v. Lopez De Lasalle

Reaffirmation of Eighth Amendment Standards in Prison Medical Care: Gonzalez v. Lopez De Lasalle

Date: Aug 10, 2017
Reaffirmation of Eighth Amendment Standards in Prison Medical Care: Gonzalez v. Lopez De Lasalle Introduction The case of Francisco Gonzalez v. Abigail Lopez De Lasalle, Donna Zickefoose, Pradip...
Sham Litigation and Reverse Payment Settlements in Pharmaceutical Antitrust: Insights from In Re Wellbutrin XL Antitrust Litigation

Sham Litigation and Reverse Payment Settlements in Pharmaceutical Antitrust: Insights from In Re Wellbutrin XL Antitrust Litigation

Date: Aug 10, 2017
Sham Litigation and Reverse Payment Settlements in Pharmaceutical Antitrust: Insights from In Re Wellbutrin XL Antitrust Litigation Introduction The case of In Re: Wellbutrin XL Antitrust Litigation...
Third Circuit Affirms § 876(c) Mailing Threats as Crimes of Violence for Career Offender Enhancement

Third Circuit Affirms § 876(c) Mailing Threats as Crimes of Violence for Career Offender Enhancement

Date: Aug 5, 2017
Third Circuit Affirms § 876(c) Mailing Threats as Crimes of Violence for Career Offender Enhancement Introduction In United States of America v. Shaun Chapman (866 F.3d 129, 3rd Cir. 2017), the...
Procedural Missteps in Subpoena Enforcement: Insights from EEOC v. City of Long Branch

Procedural Missteps in Subpoena Enforcement: Insights from EEOC v. City of Long Branch

Date: Aug 3, 2017
Procedural Missteps in Subpoena Enforcement: Insights from EEOC v. City of Long Branch Introduction The case of Equal Employment Opportunity Commission (EEOC) v. City of Long Branch (866 F.3d 93,...
Knowingly Presented Perjured Testimony: Reasonable Likelihood Suffices for Habeas Relief

Knowingly Presented Perjured Testimony: Reasonable Likelihood Suffices for Habeas Relief

Date: Aug 2, 2017
Knowingly Presented Perjured Testimony: Reasonable Likelihood Suffices for Habeas Relief Introduction The case of Vance Haskell v. Superintendent Greene Sci; Attorney General Pennsylvania; District...
CEPA Protection for Employees Refusing to Violate Ethical Standards: Trzaska v. L'Oréal USA

CEPA Protection for Employees Refusing to Violate Ethical Standards: Trzaska v. L'Oréal USA

Date: Jul 26, 2017
CEPA Protection for Employees Refusing to Violate Ethical Standards: Trzaska v. L'Oréal USA Introduction In Steven J. Trzaska, Appellant v. L'Oréal USA, Inc.; L'Oréal, S.A. (865 F.3d 155), the United...
Affirming Buyer-For-Value Protections under UCC Article 9: In re Semcrude L.P. v. J. Aron & Co.

Affirming Buyer-For-Value Protections under UCC Article 9: In re Semcrude L.P. v. J. Aron & Co.

Date: Jul 20, 2017
Affirming Buyer-For-Value Protections under UCC Article 9: In re Semcrude L.P. v. J. Aron & Co. Introduction The case of In re: SemCrude L.P., et al., Debtors v. J. Aron & Company, et al addresses...
Affirmation of Conspiracy Conviction in Drug Distribution: United States v. Stallings

Affirmation of Conspiracy Conviction in Drug Distribution: United States v. Stallings

Date: Jul 19, 2017
Affirmation of Conspiracy Conviction in Drug Distribution: United States v. Stallings Introduction The case of United States of America v. Eugene Stallings, Jr. was adjudicated by the United States...
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