3d Circuit Case Commentaries

Third Circuit Clarifies §1981 Harassment Standards: 'Severe or Pervasive' Conduct Suffices for Claims

Date: Jul 15, 2017

Third Circuit Clarifies §1981 Harassment Standards: 'Severe or Pervasive' Conduct Suffices for Claims Introduction In the landmark case of Atron Castleberry; John Brown v. STI Group; Chesapeake...

Third Circuit Affirms TCPA Protection for Single Prerecorded Cellular Calls and Recognizes Standing

Date: Jul 11, 2017

Third Circuit Affirms TCPA Protection for Single Prerecorded Cellular Calls and Recognizes Standing Introduction In the case of Noreen Susinno, Individually and on Behalf of All Others Similarly...

Prioritizing Mootness over Younger Abstention: Insights from Hamilton v. Bromley

Date: Jul 11, 2017

Prioritizing Mootness over Younger Abstention: Insights from Hamilton v. Bromley Introduction Hamilton v. Bromley is a seminal case adjudicated by the United States Court of Appeals for the Third...

Third Circuit Upholds First Amendment Right to Record Police in Public

Date: Jul 8, 2017

Third Circuit Upholds First Amendment Right to Record Police in Public Introduction In the landmark case of Richard Fields and Amanda Geraci v. City of Philadelphia, the United States Court of...

Third Circuit Establishes Clear Standards for Bona Fide Error Defense under FDCPA while Upholding TCPA Protections

Date: Jul 4, 2017

Third Circuit Establishes Clear Standards for Bona Fide Error Defense under FDCPA while Upholding TCPA Protections Introduction In the case of John Daubert v. NRA Group, LLC, the United States Court...

Anderson v. The Boeing Company: Affirmation of Summary Judgment in Discrimination and Retaliation Claims

Date: Jun 20, 2017

Anderson v. The Boeing Company: Affirmation of Summary Judgment in Discrimination and Retaliation Claims Introduction In Milka A. Anderson v. The Boeing Company, the appellant, Milka A. Anderson,...

Third Circuit Clarifies Standards for Ineffective Assistance of Counsel in Jury Trial Waiver Cases

Date: Jun 7, 2017

Third Circuit Clarifies Standards for Ineffective Assistance of Counsel in Jury Trial Waiver Cases Introduction In the case of George T. Vickers, Jr. v. Superintendent Graterford SCI; Attorney...

Abuse of Position of Trust in Drug Trafficking: Insights from United States v. Douglas

Date: Jun 3, 2017

Abuse of Position of Trust in Drug Trafficking: Insights from United States v. Douglas Introduction The case of United States of America v. Kenneth R. Douglas serves as a pivotal judicial examination...

Third Circuit Clarifies Standard for Preliminary Injunctions in First Amendment Buffer Zone Challenges

Date: May 26, 2017

Third Circuit Clarifies Standard for Preliminary Injunctions in First Amendment Buffer Zone Challenges Introduction The case of Colleen Reilly, Becky Biter, and Rosalie Gross v. City of Harrisburg et...

Third Circuit Enhances Protections for Inmate Legal Assistance and Refines Statute of Limitations in §1983 Retaliation Claims

Date: May 17, 2017

Third Circuit Enhances Protections for Inmate Legal Assistance and Refines Statute of Limitations in §1983 Retaliation Claims Introduction In the case of Thomas Wisniewski v. Jon D. Fisher et al....

Procedural Default Excused for Ineffective Assistance of Counsel in Saleem Bey v. Greene Sci

Date: May 11, 2017

Procedural Default Excused for Ineffective Assistance of Counsel in Saleem Bey v. Greene Sci Introduction Saleem Bey v. Superintendent Greene Sci is a pivotal case decided by the United States Court...

Affirmation of Procedural and Substantive Due Process in Prison Administrative Segregation by Third Circuit

Date: May 4, 2017

Affirmation of Procedural and Substantive Due Process in Prison Administrative Segregation by Third Circuit Introduction The case of Yusef Steele v. Warden Cicchi et al. (855 F.3d 494, Third Circuit,...

Materiality in False Claims Act: United States ex rel. Petratos v. Roche Group

Date: May 2, 2017

Materiality in False Claims Act: United States ex rel. Petratos v. Roche Group Introduction The case of United States of America, ex rel. Gerasimos Petratos v. Genentech Inc. et al., adjudicated by...

Acquiescence Standard Under the Convention Against Torture: Third Circuit Remands BIA Decision in Dutton Myrie Case

Date: Apr 29, 2017

Acquiescence Standard Under the Convention Against Torture: Third Circuit Remands BIA Decision in Dutton Myrie Case Introduction The case of Luis Antonio Dutton Myrie v. The Attorney General of the...

Third Circuit Upholds Summary Judgment in Over-Detention Claims: Implications for Eighth Amendment Litigation

Date: Apr 20, 2017

Third Circuit Upholds Summary Judgment in Over-Detention Claims: Implications for Eighth Amendment Litigation Introduction In the case of Wharton v. Danberg et al., the United States Court of Appeals...

Enhanced Accountability for Prison Mental Health Care: The Palakovic v. Wetzel Case

Date: Apr 15, 2017

Enhanced Accountability for Prison Mental Health Care: The Palakovic v. Wetzel Case Introduction The case of Renee Palakovic and Darian Palakovic v. John Wetzel et al. (854 F.3d 209) represents a...

Reversal on Qualified Immunity for Lack of Probable Cause: Andrews v. Sciulli

Date: Apr 11, 2017

Reversal on Qualified Immunity for Lack of Probable Cause: Andrews v. Sciulli Introduction In Andrews v. Sciulli, the United States Court of Appeals for the Third Circuit addressed critical issues...

Qualified Immunity and First Amendment Retaliation: Insights from Mirabella v. Villard et al.

Date: Apr 5, 2017

Qualified Immunity and First Amendment Retaliation: Insights from Mirabella v. Villard et al. Introduction In the case of Maureen Mirabella; John Mirabella v. Susan Villard; William Villard; Susan...

Survival of Fair Housing Act Claims Post-Death: A Landmark Third Circuit Decision

Date: Apr 1, 2017

Survival of Fair Housing Act Claims Post-Death: A Landmark Third Circuit Decision Introduction The United States Court of Appeals for the Third Circuit, in the case of LIANA REVOCK, Executrix of the...

Affirmation of Repak's Convictions: Enhancing the Use of Rule 404(b) Evidence for Proving Mens Rea in the Hobbs Act and Program Bribery

Date: Mar 29, 2017

Affirmation of Repak's Convictions: Enhancing the Use of Rule 404(b) Evidence for Proving Mens Rea in the Hobbs Act and Program Bribery Introduction The case of United States of America v. Ronald W....

Previous Next