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  • Commentaries
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3d Circuit Case Commentaries

Protected Oral Grievances and RFRA Liability in Inmate Retaliation: Mack v. Warden Loretto FCI

Protected Oral Grievances and RFRA Liability in Inmate Retaliation: Mack v. Warden Loretto FCI

Date: Oct 12, 2016
Protected Oral Grievances and RFRA Liability in Inmate Retaliation: Mack v. Warden Loretto FCI Introduction Mack v. Warden Loretto FCI is a landmark decision by the United States Court of Appeals for...
FLSA Precedent: No Offsetting of Paid Meal Breaks Against Required Overtime Compensation

FLSA Precedent: No Offsetting of Paid Meal Breaks Against Required Overtime Compensation

Date: Oct 8, 2016
FLSA Precedent: No Offsetting of Paid Meal Breaks Against Required Overtime Compensation Introduction In the landmark case of Bobbi-Jo Smiley, Amber Blow, and Kelsey Turner v. E.I. DuPont De Nemours...
Affirming Article III Standing in Surveillance Challenges: Schuchardt v. Dually

Affirming Article III Standing in Surveillance Challenges: Schuchardt v. Dually

Date: Oct 6, 2016
Affirming Article III Standing in Surveillance Challenges: Schuchardt v. Dually Introduction Schuchardt v. Dually is a pivotal case adjudicated by the United States Court of Appeals for the Third...
Third Circuit Establishes Precedent on Antitrust Monopolization and Product Tying in Telecommunications Industry

Third Circuit Establishes Precedent on Antitrust Monopolization and Product Tying in Telecommunications Industry

Date: Oct 1, 2016
Third Circuit Establishes Precedent on Antitrust Monopolization and Product Tying in Telecommunications Industry Introduction The case of Avaya Inc. v. Telecom Labs, Inc. addressed critical issues...
Third Circuit Affirms Disability Benefits Denial Based on Residual Functional Capacity and Credibility Findings: Woodson v. Commissioner Social Security

Third Circuit Affirms Disability Benefits Denial Based on Residual Functional Capacity and Credibility Findings: Woodson v. Commissioner Social Security

Date: Sep 29, 2016
Third Circuit Affirms Disability Benefits Denial Based on Residual Functional Capacity and Credibility Findings: Woodson v. Commissioner Social Security Introduction The case of Thomason Woodson v....
Employment Misclassification of Franchisees under Pennsylvania WPCL: Comprehensive Analysis of Jani-King v. Williams & Brooks

Employment Misclassification of Franchisees under Pennsylvania WPCL: Comprehensive Analysis of Jani-King v. Williams & Brooks

Date: Sep 22, 2016
Employment Misclassification of Franchisees under Pennsylvania WPCL: Comprehensive Analysis of Jani-King v. Williams & Brooks Introduction The legal landscape surrounding the classification of...
Claim Preclusion in CAFA-Based Class Actions: Third Circuit Affirms Dismissal in Hoffman v. Nordic Naturals

Claim Preclusion in CAFA-Based Class Actions: Third Circuit Affirms Dismissal in Hoffman v. Nordic Naturals

Date: Sep 15, 2016
Claim Preclusion in CAFA-Based Class Actions: Third Circuit Affirms Dismissal in Hoffman v. Nordic Naturals Introduction Hoffman v. Nordic Naturals, Inc. is a significant case adjudicated by the...
Assignment of Federal Antitrust Claims Without Consideration: Wallach v. Eaton Corp.

Assignment of Federal Antitrust Claims Without Consideration: Wallach v. Eaton Corp.

Date: Sep 15, 2016
Assignment of Federal Antitrust Claims Without Consideration: Wallach v. Eaton Corp. Introduction Wallach v. Eaton Corp. is a seminal case adjudicated by the United States Court of Appeals for the...
Reinforcing the Numerosity Standard in Class Action Antitrust Litigation: Insights from In Re: Modafinil Antitrust Litigation

Reinforcing the Numerosity Standard in Class Action Antitrust Litigation: Insights from In Re: Modafinil Antitrust Litigation

Date: Sep 14, 2016
Reinforcing the Numerosity Standard in Class Action Antitrust Litigation: Insights from In Re: Modafinil Antitrust Litigation Introduction The case In Re: Modafinil Antitrust Litigation Mylan...
Probable Cause Maintained Despite Potential Alibi Information in Booking Sheets: Goodwin v. Detectives

Probable Cause Maintained Despite Potential Alibi Information in Booking Sheets: Goodwin v. Detectives

Date: Sep 13, 2016
Probable Cause Maintained Despite Potential Alibi Information in Booking Sheets: Goodwin v. Detectives Introduction The case of Rashied K. Goodwin v. Detectives Edward Conway, C. Lissner, and Randy...
Reframing Antitrust Standing: Aligning Challenges Under Rule 12(b)(6) Instead of Rule 12(b)(1)

Reframing Antitrust Standing: Aligning Challenges Under Rule 12(b)(6) Instead of Rule 12(b)(1)

Date: Sep 8, 2016
Reframing Antitrust Standing: Aligning Challenges Under Rule 12(b)(6) Instead of Rule 12(b)(1) Introduction The case of Hartig Drug Company Inc. v. Senju Pharmaceutical Co. Ltd., Kyorin...
Third Circuit Affirms Unconstitutionality of Firearm Possession Ban for Non-Violent Misdemeanants: A New Second Amendment Precedent

Third Circuit Affirms Unconstitutionality of Firearm Possession Ban for Non-Violent Misdemeanants: A New Second Amendment Precedent

Date: Sep 8, 2016
Third Circuit Affirms Unconstitutionality of Firearm Possession Ban for Non-Violent Misdemeanants: A New Second Amendment Precedent Introduction The case of Daniel Binderup v. Attorney General United...
Affirming the State-Created Danger Exception to Qualified Immunity: LR v. School District of Philadelphia

Affirming the State-Created Danger Exception to Qualified Immunity: LR v. School District of Philadelphia

Date: Sep 7, 2016
Affirming the State-Created Danger Exception to Qualified Immunity: LR v. School District of Philadelphia Introduction The case of LR, Parent and Natural Guardian of N.R., a minor v. School District...
Establishing Rigorous Standards for the First-Filed Rule and Res Judicata in Cross-Jurisdictional Litigation: Chavez v. Dole Food Co.

Establishing Rigorous Standards for the First-Filed Rule and Res Judicata in Cross-Jurisdictional Litigation: Chavez v. Dole Food Co.

Date: Sep 3, 2016
Establishing Rigorous Standards for the First-Filed Rule and Res Judicata in Cross-Jurisdictional Litigation: Chavez v. Dole Food Co. Introduction The case of Tobias Bermudez Chavez, et al., v. Dole...
Third Circuit Affirms Insurer's Declaratory Judgment Without Aggregating Class Claims: A New Precedent on Diversity Jurisdiction

Third Circuit Affirms Insurer's Declaratory Judgment Without Aggregating Class Claims: A New Precedent on Diversity Jurisdiction

Date: Sep 2, 2016
Third Circuit Affirms Insurer's Declaratory Judgment Without Aggregating Class Claims: A New Precedent on Diversity Jurisdiction Introduction In the case of Auto-Owners Insurance Company v. Stevens &...
Affirmation of HECK v. HUMPHREY in Preventing Section 1983 Claims Without Favorable Termination: The Curry v. Yachera Decision

Affirmation of HECK v. HUMPHREY in Preventing Section 1983 Claims Without Favorable Termination: The Curry v. Yachera Decision

Date: Sep 2, 2016
Affirmation of HECK v. HUMPHREY in Preventing Section 1983 Claims Without Favorable Termination: The Curry v. Yachera Decision Introduction In the landmark case of Joseph Curry v. Brianne Yachera et...
Recognition of Continuing Seizure and Due Process Claims in §1983 Actions

Recognition of Continuing Seizure and Due Process Claims in §1983 Actions

Date: Aug 31, 2016
Recognition of Continuing Seizure and Due Process Claims in §1983 Actions Introduction In the landmark case of Michele Owen Black v. Montgomery County et al. (835 F.3d 358, 3rd Cir. 2016), the United...
Affirmation of Copyright Infringement Verdict with Remand for Prejudgment Interest: Leonard v. Stemtech

Affirmation of Copyright Infringement Verdict with Remand for Prejudgment Interest: Leonard v. Stemtech

Date: Aug 25, 2016
Affirmation of Copyright Infringement Verdict with Remand for Prejudgment Interest: Leonard v. Stemtech Introduction The case of Andrew Paul Leonard d/b/a APL Microscopic Appellant versus Stemtech...
Affirmation of Due Process in Denial of Psychological Medical Attention: Mattern v. City of Sea Isle

Affirmation of Due Process in Denial of Psychological Medical Attention: Mattern v. City of Sea Isle

Date: Aug 25, 2016
Affirmation of Due Process in Denial of Psychological Medical Attention: Mattern v. City of Sea Isle Introduction The case of Andrew Mattern and Amanda Mattern v. City of Sea Isle addresses...
Refining the Same Decision Defense in First Amendment Retaliation Claims within the Correctional Context

Refining the Same Decision Defense in First Amendment Retaliation Claims within the Correctional Context

Date: Aug 24, 2016
Refining the Same Decision Defense in First Amendment Retaliation Claims within the Correctional Context Introduction The case of Joseph Watson v. Gerald L. Rozum et al. (834 F.3d 417) represents a...
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