3d Circuit Case Commentaries

Duty to Defend Additional Insureds Under Policy: Ramara, Inc. v. Westfield Insurance Company

Date: Feb 18, 2016

Duty to Defend Additional Insureds Under Policy: Ramara, Inc. v. Westfield Insurance Company Introduction Ramara, Inc. v. Westfield Insurance Company; Fortress Steel Service, Inc. (814 F.3d 660) is a...

Affirmation of the "Gist of the Action" Doctrine in Fraud Claims: Downs et al. v. Andrews et al.

Date: Feb 11, 2016

Affirmation of the "Gist of the Action" Doctrine in Fraud Claims: Downs et al. v. Andrews et al. Introduction In the case of Downs, Thomas Dunkel; USMR Fund 2, Oakmont Note Group, LLC v. Peter J....

Affirmation of Social Security Disability Decision in Holloman v. Commissioner Social Security

Date: Feb 9, 2016

Affirmation of Social Security Disability Decision in Holloman v. Commissioner Social Security Introduction The case of Jessie Holloman v. Commissioner Social Security (639 F. App'x 810) was...

Third Circuit Expands Original Source Exception under Amended False Claims Act

Date: Feb 3, 2016

Third Circuit Expands Original Source Exception under Amended False Claims Act Introduction The case of UNITED STATES of America EX REL. MOORE & COMPANY, P.A. v. MAJESTIC BLUE FISHERIES, LLC et al....

Affirmation of Section 301 Preemption and Exhaustion of Grievance Procedures in Labor Disputes

Date: Feb 2, 2016

Affirmation of Section 301 Preemption and Exhaustion of Grievance Procedures in Labor Disputes Introduction In the case of James Hughes et al. v. United Parcel Service, Inc. et al., heard by the...

Fraudulent Transfer Under PUFTA: Wettach v. Sikirica – A New Precedent

Date: Jan 21, 2016

Fraudulent Transfer Under PUFTA: Wettach v. Sikirica – A New Precedent Introduction In re Thomas C. Wettach, Debtor Jeffrey J. Sikirica, Chapter 7 Trustee v. Thomas C. Wettach; Bette C. Wettach, 811...

Third Circuit Affirms Jurisdictional Limits: Plaintiffs Lack Article III Standing in NFL Ticketing Practices Case

Date: Jan 15, 2016

Third Circuit Affirms Jurisdictional Limits: Plaintiffs Lack Article III Standing in NFL Ticketing Practices Case Introduction In the case of Josh Finkelman; Ben Hoch–Parker on behalf of themselves...

Affirmation of Summary Judgment in Employment Discrimination Claims Against Eli Lilly and Company

Date: Jan 14, 2016

Affirmation of Summary Judgment in Employment Discrimination Claims Against Eli Lilly and Company Introduction In the case titled MARGARET P. TOURTELLOTTE, KARLA KREIGER; ASHLEY C. HISER; ANA V....

Third Circuit Reaffirms Plausibility Standard in Employment Discrimination Claims: Connelly v. Lane Construction

Date: Jan 12, 2016

Third Circuit Reaffirms Plausibility Standard in Employment Discrimination Claims: Connelly v. Lane Construction Introduction Sandra Connelly v. Lane Construction Corporation is a pivotal case...

Third Circuit Clarifies 'Diligent Prosecution Bar' Under Clean Air Act as Non-Jurisdictional

Date: Jan 7, 2016

Third Circuit Clarifies 'Diligent Prosecution Bar' Under Clean Air Act as Non-Jurisdictional Introduction In the case Group Against Smog and Pollution, Inc. (GASP) v. Shenango Incorporated,...

Court-Determined Arbitrability of Class Arbitration Established in Chesapeake Appalachia v. Scout Petroleum

Date: Jan 6, 2016

Court-Determined Arbitrability of Class Arbitration Established in Chesapeake Appalachia v. Scout Petroleum Introduction The case of Chesapeake Appalachia, LLC v. Scout Petroleum, LLC (809 F.3d 746)...

Affirmation of Summary Judgment in Age Discrimination Case: Willis v. UPMC Children's Hospital

Date: Dec 23, 2015

Affirmation of Summary Judgment in Age Discrimination Case: Willis v. UPMC Children's Hospital Introduction The case of Catherine Willis v. UPMC Children's Hospital of Pittsburgh (808 F.3d 638)...

Affirmation of Summary Judgment in Fletcher v. Phelps: Deliberate Indifference and Eighth Amendment Rights

Date: Dec 22, 2015

Affirmation of Summary Judgment in Fletcher v. Phelps: Deliberate Indifference and Eighth Amendment Rights Introduction Fletcher v. Phelps (639 F. App'x 85), adjudicated by the United States Court of...

Establishing Employment Relationship Criteria for Temporary Employees under Title VII: Faush v. Tuesday Morning

Date: Nov 19, 2015

Establishing Employment Relationship Criteria for Temporary Employees under Title VII: Faush v. Tuesday Morning Introduction In Matthew Faush, Appellant v. Tuesday Morning, Inc. (808 F.3d 208, 3rd...

Enhanced Eighth Amendment Protections in Correctional Facilities: Insights from Chavarriaga v. NJDOC

Date: Nov 17, 2015

Enhanced Eighth Amendment Protections in Correctional Facilities: Insights from Chavarriaga v. NJDOC Introduction In the landmark case of Chavarriaga v. State of New Jersey Department of Corrections,...

Third Circuit Affirms Dismissal in Owens v. Coleman: Clarifying Eighth Amendment and Retaliation Claims in Prison Conditions

Date: Nov 11, 2015

Third Circuit Affirms Dismissal in Owens v. Coleman: Clarifying Eighth Amendment and Retaliation Claims in Prison Conditions Introduction The case of Steven Owens v. Brian Coleman et al. addresses...

Third Circuit Expands California Privacy Protections in Cookie Placement Litigation against Google

Date: Nov 11, 2015

Third Circuit Expands California Privacy Protections in Cookie Placement Litigation against Google Introduction The case In re Google Inc. Cookie Placement Consumer Privacy Litigation (806 F.3d 125)...

Broadening Statutory Standing under the Telephone Consumer Protection Act: Leyse v. Bank of America

Date: Oct 15, 2015

Broadening Statutory Standing under the Telephone Consumer Protection Act: Mark Leyse v. Bank of America National Association Introduction The case of Mark Leyse v. Bank of America National...

Heightened Scrutiny Applied to Religious Affiliation Discrimination in Surveillance Programs: Third Circuit Sets New Precedent

Date: Oct 14, 2015

Heightened Scrutiny Applied to Religious Affiliation Discrimination in Surveillance Programs: Third Circuit Sets New Precedent Introduction In Syed Farhaj Hassan et al. v. The City of New York, the...

Sliding-Scale Balancing of Stay Factors in Bankruptcy Appeals: Insights from In re Revel AC, Inc.

Date: Oct 1, 2015

Sliding-Scale Balancing of Stay Factors in Bankruptcy Appeals: Insights from In re Revel AC, Inc. Introduction The case of In re Revel AC, Inc., et al., Debtors. Idea Boardwalk, LLC, Appellant. (802...

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