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  • Commentaries
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3d Circuit Case Commentaries

Excessive Force in Mechanical Restraints: Young v. Martin

Excessive Force in Mechanical Restraints: Young v. Martin

Date: Sep 9, 2015
Excessive Force in Mechanical Restraints: Young v. Martin Introduction Young v. Martin, 801 F.3d 172 (3rd Cir. 2015), is a pivotal case addressing the application of the Eighth Amendment in the...
Affirmation of Pickering Balancing Test in Munroe v. Central Bucks School District

Affirmation of Pickering Balancing Test in Munroe v. Central Bucks School District

Date: Sep 5, 2015
Affirmation of Pickering Balancing Test in Munroe v. Central Bucks School District Introduction Munroe v. Central Bucks School District is a pivotal case adjudicated by the United States Court of...
Reforming Diversity Jurisdiction: Third Circuit's Approach to LLC Citizenship in Lincoln Benefit v. AEI Life

Reforming Diversity Jurisdiction: Third Circuit's Approach to LLC Citizenship in Lincoln Benefit v. AEI Life

Date: Sep 3, 2015
Reforming Diversity Jurisdiction: Third Circuit's Approach to LLC Citizenship in Lincoln Benefit v. AEI Life Introduction In the landmark case of Lincoln Benefit Life Company v. AEI Life, LLC; ALS...
Pleading Diversity Against Unincorporated Associations: Third Circuit in Lincoln Benefit Life Co. v. AEI Life, LLC

Pleading Diversity Against Unincorporated Associations: Third Circuit in Lincoln Benefit Life Co. v. AEI Life, LLC

Date: Sep 3, 2015
Pleading Diversity Against Unincorporated Associations: Third Circuit in Lincoln Benefit Life Co. v. AEI Life, LLC Introduction In the landmark case Lincoln Benefit Life Company v. AEI Life, LLC, the...
Third Circuit Upholds Necessity of Evidentiary Hearing in §2255 Motion for Ineffective Assistance of Counsel Claims

Third Circuit Upholds Necessity of Evidentiary Hearing in §2255 Motion for Ineffective Assistance of Counsel Claims

Date: Sep 2, 2015
Third Circuit Upholds Necessity of Evidentiary Hearing in §2255 Motion for Ineffective Assistance of Counsel Claims Introduction In United States v. Tolliver, 800 F.3d 138 (3d Cir. 2015), the United...
Third Circuit Reinforces Qualified Immunity in School Civil Rights Cases: Spady v. Bethlehem Area School District

Third Circuit Reinforces Qualified Immunity in School Civil Rights Cases: Spady v. Bethlehem Area School District

Date: Sep 2, 2015
Third Circuit Reinforces Qualified Immunity in School Civil Rights Cases: Spady v. Bethlehem Area School District Introduction The case of Spady v. Bethlehem Area School District (800 F.3d 633, 3rd...
Deliberative Process Privilege in Law Enforcement: Comprehensive Analysis of Bayliss v. New Jersey State Police

Deliberative Process Privilege in Law Enforcement: Comprehensive Analysis of Bayliss v. New Jersey State Police

Date: Aug 14, 2015
Deliberative Process Privilege in Law Enforcement: Comprehensive Analysis of Bayliss v. New Jersey State Police Introduction The case of James Bayliss v. New Jersey State Police; Trooper R. Wambold,...
Paid Suspension Not Considered Adverse Employment Action Under Title VII: Insights from Jones v. SEPTA

Paid Suspension Not Considered Adverse Employment Action Under Title VII: Insights from Jones v. SEPTA

Date: Aug 13, 2015
Paid Suspension Not Considered Adverse Employment Action Under Title VII: Insights from Jones v. Southeastern Pennsylvania Transportation Authority Introduction In the landmark case of Michelle...
Reinforcing Rule 9(b) Particularity and Causation Requirements Under CUTPA: Travelers Indemnity Co. v. Cephalon

Reinforcing Rule 9(b) Particularity and Causation Requirements Under CUTPA: Travelers Indemnity Co. v. Cephalon

Date: Aug 11, 2015
Reinforcing Rule 9(b) Particularity and Causation Requirements Under CUTPA: Travelers Indemnity Co. v. Cephalon Introduction In the case of The Travelers Indemnity Company v. Cephalon, Inc., decided...
Affirmation of Statute of Limitations and Sovereign Immunity Defenses in Civil Actions: A Commentary on Boseski v. North Arlington

Affirmation of Statute of Limitations and Sovereign Immunity Defenses in Civil Actions: A Commentary on Boseski v. North Arlington

Date: Aug 8, 2015
Affirmation of Statute of Limitations and Sovereign Immunity Defenses in Civil Actions: A Commentary on Boseski v. North Arlington Introduction The case of Sherri Boseski v. North Arlington...
Application of the Discovery Rule to 18 U.S.C. § 2255 Claims: Analysis of Stephens v. Clash

Application of the Discovery Rule to 18 U.S.C. § 2255 Claims: Analysis of Stephens v. Clash

Date: Aug 6, 2015
Application of the Discovery Rule to 18 U.S.C. § 2255 Claims: Analysis of Stephens v. Clash Introduction Sheldon Stephens, an underage individual at the time, filed a lawsuit against Kevin Clash, a...
Qualified Immunity Standards and Excessive Force: Insights from Santini v. Fuentes

Qualified Immunity Standards and Excessive Force: Insights from Santini v. Fuentes

Date: Aug 5, 2015
Qualified Immunity Standards and Excessive Force: Insights from Santini v. Fuentes Introduction Santini v. Fuentes is a landmark case adjudicated by the United States Court of Appeals for the Third...
United States v. Bui: Defining Ineffective Assistance of Counsel in Plea Agreements

United States v. Bui: Defining Ineffective Assistance of Counsel in Plea Agreements

Date: Aug 5, 2015
United States v. Bui: Defining Ineffective Assistance of Counsel in Plea Agreements Introduction United States of America v. Dung Bui, 795 F.3d 363 (3d Cir. 2015), is a landmark case adjudicated by...
Reevaluating Qualified Immunity in Excessive Force Claims: Insights from Santini v. Fuentes

Reevaluating Qualified Immunity in Excessive Force Claims: Insights from Santini v. Fuentes

Date: Aug 5, 2015
Reevaluating Qualified Immunity in Excessive Force Claims: Insights from Santini v. Fuentes Introduction Santini v. Fuentes, decided by the United States Court of Appeals for the Third Circuit on...
Norris v. Brooks: Reinforcing the Limited Scope of Martinez in Habeas Corpus Proceedings

Norris v. Brooks: Reinforcing the Limited Scope of Martinez in Habeas Corpus Proceedings

Date: Jul 28, 2015
Norris v. Brooks: Reinforcing the Limited Scope of Martinez in Habeas Corpus Proceedings Introduction Eric D. Norris, a state prisoner in Pennsylvania, challenged his conviction through a habeas...
Clarifying Article III Standing and Rule 23 Requirements in Class Actions: Insights from Neale v. Volvo

Clarifying Article III Standing and Rule 23 Requirements in Class Actions: Insights from Neale v. Volvo

Date: Jul 23, 2015
Clarifying Article III Standing and Rule 23 Requirements in Class Actions: Insights from Neale v. Volvo Introduction The case of Joanne Neale et al. v. Volvo Cars of North America, LLC, decided by...
Clarifying ALJ's Discretion in RFC Evaluations: Cummings v. Colvin

Clarifying ALJ's Discretion in RFC Evaluations: Cummings v. Colvin

Date: Jul 8, 2015
Clarifying ALJ's Discretion in RFC Evaluations: Cummings v. Colvin Introduction In the case of Eric Allen Cummings v. Carolyn W. Colvin, Acting Commissioner of Social Security (129 F. Supp. 3d 209),...
Clarifying the Ordinary Business Exclusion: Trinity Wall Street v. Wal-Mart Stores, Inc.

Clarifying the Ordinary Business Exclusion: Trinity Wall Street v. Wal-Mart Stores, Inc.

Date: Jul 7, 2015
Clarifying the Ordinary Business Exclusion: Trinity Wall Street v. Wal-Mart Stores, Inc. Introduction Trinity Wall Street, a prominent shareholder in Wal-Mart Stores, Inc., sought to influence the...
Materiality as a Requirement for False Statements Under the FDCPA: Insights from Paula Jensen v. Pressler & Pressler

Materiality as a Requirement for False Statements Under the FDCPA: Insights from Paula Jensen v. Pressler & Pressler

Date: Jul 1, 2015
Materiality as a Requirement for False Statements Under the FDCPA: Insights from Paula Jensen v. Pressler & Pressler Introduction In the case of Paula Jensen v. Pressler & Pressler; Midland Funding...
Federal Law Preempts State Disqualification of Federally Funded Defenders in PCRA Proceedings

Federal Law Preempts State Disqualification of Federally Funded Defenders in PCRA Proceedings

Date: Jun 13, 2015
Federal Law Preempts State Disqualification of Federally Funded Defenders in PCRA Proceedings Introduction In the case of Commonwealth of Pennsylvania v. Defender Association of Philadelphia, the...
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