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  • Commentaries
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3d Circuit Case Commentaries

Third Circuit Establishes Broader ADA Protections in Correctional Facilities: Matthews v. PA DOC

Third Circuit Establishes Broader ADA Protections in Correctional Facilities: Matthews v. PA DOC

Date: Jun 2, 2015
Third Circuit Establishes Broader ADA Protections in Correctional Facilities: Matthews v. PA DOC Introduction The case of Chaka A. Matthews v. Pennsylvania Department of Corrections et al. (613 F....
Third Circuit Upholds Summary Judgment in Reverse Discrimination Claim: Application of McDonnell Douglas Framework

Third Circuit Upholds Summary Judgment in Reverse Discrimination Claim: Application of McDonnell Douglas Framework

Date: May 30, 2015
Third Circuit Upholds Summary Judgment in Reverse Discrimination Claim: Application of McDonnell Douglas Framework Introduction The case of Albert Ronald Thompson v. Bridgeton Board of Education;...
U.S. Court of Appeals Affirms Conviction and Sentence in Medicare Fraud Case: Key Legal Insights

U.S. Court of Appeals Affirms Conviction and Sentence in Medicare Fraud Case: Key Legal Insights

Date: May 29, 2015
U.S. Court of Appeals Affirms Conviction and Sentence in Medicare Fraud Case: Key Legal Insights Introduction In the case of United States of America v. Matthew Kolodesh (787 F.3d 224), the United...
Strict Application of AEDPA's One-Year Statute of Limitations in Phlipot v. Johnson

Strict Application of AEDPA's One-Year Statute of Limitations in Phlipot v. Johnson

Date: Apr 28, 2015
Strict Application of AEDPA's One-Year Statute of Limitations in Phlipot v. Johnson Introduction Matthew M. Phlipot v. G.R. Johnson, Warden, and Attorney General of the State of Delaware is a seminal...
Affirming Summary Judgment in Employment Discrimination Case: Hyland v. Smyrna School District

Affirming Summary Judgment in Employment Discrimination Case: Hyland v. Smyrna School District

Date: Apr 22, 2015
Affirming Summary Judgment in Employment Discrimination Case: Hyland v. Smyrna School District Introduction The case of Dianne Hyland v. Smyrna School District ([608 F. App'x...
Affirmation of Reasonable Seizure in Emergency Response: Insights from Vargas v. City of Philadelphia

Affirmation of Reasonable Seizure in Emergency Response: Insights from Vargas v. City of Philadelphia

Date: Apr 18, 2015
Affirmation of Reasonable Seizure in Emergency Response: Insights from Vargas v. City of Philadelphia Introduction Vargas v. City of Philadelphia is a landmark decision by the United States Court of...
Ascertainability in Class Actions: Byrd v. Aaron's Inc. Establishes Clear Precedent

Ascertainability in Class Actions: Byrd v. Aaron's Inc. Establishes Clear Precedent

Date: Apr 17, 2015
Ascertainability in Class Actions: Byrd v. Aaron's Inc. Establishes Clear Precedent Introduction In the landmark case of Crystal Byrd; Brian Byrd, Individually, and on Behalf of all Similarly...
Affirmation of Dismissal for Failure to State a Claim under 42 U.S.C. § 1983 in Montgomery v. Apatratis Dist. Company

Affirmation of Dismissal for Failure to State a Claim under 42 U.S.C. § 1983 in Montgomery v. Apatratis Dist. Company

Date: Apr 11, 2015
Affirmation of Dismissal for Failure to State a Claim under 42 U.S.C. § 1983 in Montgomery v. Apatratis Dist. Company Introduction The case of Edward Jeffrey Montgomery v. Apatratis Distribution...
Limits on Pre-Removal Detention Without Bond Hearings Under 8 U.S.C. § 1226(c): Chavez-Alvarez v. Warden York County Prison

Limits on Pre-Removal Detention Without Bond Hearings Under 8 U.S.C. § 1226(c): Chavez-Alvarez v. Warden York County Prison

Date: Apr 10, 2015
Limits on Pre-Removal Detention Without Bond Hearings Under 8 U.S.C. § 1226(c): Chavez-Alvarez v. Warden York County Prison Introduction The case of Jose Juan Chavez-Alvarez v. Warden York County...
Enhancing Due Process in Immigration Detentions: Chavez–Alvarez v. Warden York County Prison

Enhancing Due Process in Immigration Detentions: Chavez–Alvarez v. Warden York County Prison

Date: Apr 10, 2015
Enhancing Due Process in Immigration Detentions: Chavez–Alvarez v. Warden York County Prison Introduction The case of Jose Juan Chavez–Alvarez v. Warden York County Prison marks a significant...
Enhanced Scrutiny of Expert Testimony Under Daubert for Rule 23 Class Certification: A New Precedent from the Third Circuit

Enhanced Scrutiny of Expert Testimony Under Daubert for Rule 23 Class Certification: A New Precedent from the Third Circuit

Date: Apr 9, 2015
Enhanced Scrutiny of Expert Testimony Under Daubert for Rule 23 Class Certification: A New Precedent from the Third Circuit Introduction The case of In re Blood Reagents Antitrust Litigation, 783...
Third Circuit Holds Foreclosure Complaints Subject to FDCPA Misrepresentation Claims

Third Circuit Holds Foreclosure Complaints Subject to FDCPA Misrepresentation Claims

Date: Apr 8, 2015
Third Circuit Holds Foreclosure Complaints Subject to FDCPA Misrepresentation Claims Introduction In the landmark case of Dale Kaymark, Individually and on Behalf of Other Similarly Situated Current...
Manni Film LLC v. John Doe Subscribers: Establishing Expedited Discovery in Copyright Infringement Cases

Manni Film LLC v. John Doe Subscribers: Establishing Expedited Discovery in Copyright Infringement Cases

Date: Apr 2, 2015
Manny Film LLC v. John Doe Subscribers: Establishing Expedited Discovery in Copyright Infringement Cases Introduction The case of Manny Film LLC v. John Doe Subscribers Assigned IP Addresses...
Deliberate Indifference in Prison Medical Care: Tenon v. Dreibelbis

Deliberate Indifference in Prison Medical Care: Tenon v. Dreibelbis

Date: Apr 1, 2015
Deliberate Indifference in Prison Medical Care: Tenon v. Dreibelbis Introduction Anthony L. Tenon, a prisoner in Pennsylvania, filed a civil rights lawsuit under 42 U.S.C. § 1983 against several...
Affirmation of Sentencing Standards and Plea Withdrawal Criteria in Federal Child Pornography Cases: United States v. Jeffrey Schmutzler

Affirmation of Sentencing Standards and Plea Withdrawal Criteria in Federal Child Pornography Cases: United States v. Jeffrey Schmutzler

Date: Feb 24, 2015
Affirmation of Sentencing Standards and Plea Withdrawal Criteria in Federal Child Pornography Cases: United States v. Jeffrey Schmutzler Introduction In United States of America v. Jeffrey...
Balancing Religious Rights and Institutional Security: Insights from Banks v. Pennsylvania DOC

Balancing Religious Rights and Institutional Security: Insights from Banks v. Pennsylvania DOC

Date: Feb 10, 2015
Balancing Religious Rights and Institutional Security: Insights from Banks v. Pennsylvania DOC Introduction In the landmark case of Banks v. Secretary Pennsylvania Department of Corrections, the...
Affirmation of Summary Judgment in Barnes v. Nationwide Mutual Insurance Company: Clarifying Adverse Employment Actions under 42 U.S.C. § 1981 and PHRA

Affirmation of Summary Judgment in Barnes v. Nationwide Mutual Insurance Company: Clarifying Adverse Employment Actions under 42 U.S.C. § 1981 and PHRA

Date: Jan 24, 2015
Affirmation of Summary Judgment in Barnes v. Nationwide Mutual Insurance Company: Clarifying Adverse Employment Actions under 42 U.S.C. § 1981 and PHRA Introduction In the case of Tameka Barnes v....
Causation in Retaliation Claims: Third Circuit Upholds Summary Judgment in Daniels v. School District of Philadelphia

Causation in Retaliation Claims: Third Circuit Upholds Summary Judgment in Daniels v. School District of Philadelphia

Date: Jan 21, 2015
Causation in Retaliation Claims: Third Circuit Upholds Summary Judgment in Daniels v. School District of Philadelphia Introduction In Daniels v. School District of Philadelphia, Dorothy E. Daniels,...
Enhanced First Amendment Protections for Public Employees: Flora v. Luzerne County

Enhanced First Amendment Protections for Public Employees: Flora v. Luzerne County

Date: Jan 16, 2015
Enhanced First Amendment Protections for Public Employees: Flora v. Luzerne County Introduction The case of Albert Flora, Jr., Appellant v. County of Luzerne and Robert C. Lawton, County Manager,...
PLRA as a Statutory Tolling Provision in Pearson v. Secretary Department of Corrections

PLRA as a Statutory Tolling Provision in Pearson v. Secretary Department of Corrections

Date: Jan 8, 2015
PLRA as a Statutory Tolling Provision in Pearson v. Secretary Department of Corrections Introduction The case of Antonio Pearson v. Secretary Department of Corrections, adjudicated by the United...
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