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  • Commentaries
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3d Circuit Case Commentaries

Third Circuit Clarifies Class Certification Standards for Eighth Amendment Claims Under Rule 23(b)(2)

Third Circuit Clarifies Class Certification Standards for Eighth Amendment Claims Under Rule 23(b)(2)

Date: Jan 8, 2015
Third Circuit Clarifies Class Certification Standards for Eighth Amendment Claims Under Rule 23(b)(2) Introduction In the landmark case of Norman Shelton v. Bryan A. Bledsoe et al., the United States...
Literal Falsity in False Advertising Claims: Groupe SEB USA, Inc. v. Euro–Pro Operating LLC

Literal Falsity in False Advertising Claims: Groupe SEB USA, Inc. v. Euro–Pro Operating LLC

Date: Dec 18, 2014
Literal Falsity in False Advertising Claims: Groupe SEB USA, Inc. v. Euro–Pro Operating LLC Introduction The case of Groupe SEB USA, Inc. v. Euro–Pro Operating LLC centers around allegations of false...
Affirmation of Summary Judgment in Retaliation Claims: Daniels v. School District of Philadelphia

Affirmation of Summary Judgment in Retaliation Claims: Daniels v. School District of Philadelphia

Date: Dec 13, 2014
Affirmation of Summary Judgment in Retaliation Claims: Daniels v. School District of Philadelphia Introduction The case of Dorothy E. Daniels v. School District of Philadelphia (776 F.3d 181, Third...
Third Circuit Upholds SSDI Denial in Zirnsak v. Colvin: Affirming ALJ's Credibility Assessments and Vocational Evaluation Standards

Third Circuit Upholds SSDI Denial in Zirnsak v. Colvin: Affirming ALJ's Credibility Assessments and Vocational Evaluation Standards

Date: Dec 10, 2014
Third Circuit Upholds SSDI Denial in Zirnsak v. Colvin: Affirming ALJ's Credibility Assessments and Vocational Evaluation Standards Introduction In Zirnsak v. Colvin, the United States Court of...
Third Circuit Vacates DOL's H-2B Wage Survey Regulations as Arbitrary and Capricious

Third Circuit Vacates DOL's H-2B Wage Survey Regulations as Arbitrary and Capricious

Date: Dec 6, 2014
Third Circuit Vacates DOL's H-2B Wage Survey Regulations as Arbitrary and Capricious Introduction In the landmark case, Comité' de Apoyo a los Trabajadores Agricolas v. Perez, 774 F.3d 173 (3rd Cir....
Third Circuit Upholds Whistleblower Protections: Dougherty v. School District of Philadelphia

Third Circuit Upholds Whistleblower Protections: Dougherty v. School District of Philadelphia

Date: Nov 22, 2014
Third Circuit Upholds Whistleblower Protections: Dougherty v. School District of Philadelphia Introduction The case of Francis X. Dougherty v. School District of Philadelphia, adjudicated by the...
Third Circuit Clarifies Application of McNabb-Mallory Rule: Unreasonable Delay in Presentment Leads to Suppression of Custodial Statements

Third Circuit Clarifies Application of McNabb-Mallory Rule: Unreasonable Delay in Presentment Leads to Suppression of Custodial Statements

Date: Nov 20, 2014
Third Circuit Clarifies Application of McNabb-Mallory Rule: Unreasonable Delay in Presentment Leads to Suppression of Custodial Statements Introduction In the landmark case of United States of...
Descamps v. United States Reinforces Strict Interpretation of "Crime of Violence" in Career Offender Enhancements

Descamps v. United States Reinforces Strict Interpretation of "Crime of Violence" in Career Offender Enhancements

Date: Nov 5, 2014
Descamps v. United States Reinforces Strict Interpretation of "Crime of Violence" in Career Offender Enhancements Introduction In the landmark case United States v. Brown, adjudicated by the United...
Williams v. United States: Upholding Indictment Sufficiency and Sentencing Guidelines in Fraud Conspiracy

Williams v. United States: Upholding Indictment Sufficiency and Sentencing Guidelines in Fraud Conspiracy

Date: Nov 1, 2014
Williams v. United States: Upholding Indictment Sufficiency and Sentencing Guidelines in Fraud Conspiracy Introduction The case of United States of America v. Anthony Lamar Williams delves into the...
Affirmation of Dismissal for Lack of Original Source Status under the False Claims Act

Affirmation of Dismissal for Lack of Original Source Status under the False Claims Act

Date: Oct 21, 2014
Affirmation of Dismissal for Lack of Original Source Status under the False Claims Act Introduction In the appellate case Schumann v. AstraZeneca Pharmaceuticals L.P., adjudicated by the United...
Enhancing the Original Source Requirement in False Claims Act Jurisprudence: Schumann v. AstraZeneca, Inc. & Bristol–Myers Squibb Company

Enhancing the Original Source Requirement in False Claims Act Jurisprudence: Schumann v. AstraZeneca, Inc. & Bristol–Myers Squibb Company

Date: Oct 21, 2014
Enhancing the Original Source Requirement in False Claims Act Jurisprudence: Schumann v. AstraZeneca, Inc. & Bristol–Myers Squibb Company 1. Introduction In the landmark case of United States of...
Discovery Rule Application in Fiduciary Duty Breaches: Analysis of Alan W. Schmidt v. John A. Skolas et al.

Discovery Rule Application in Fiduciary Duty Breaches: Analysis of Alan W. Schmidt v. John A. Skolas et al.

Date: Oct 18, 2014
Discovery Rule Application in Fiduciary Duty Breaches: Analysis of Alan W. Schmidt v. John A. Skolas et al. 1. Introduction The case of Alan W. Schmidt v. John A. Skolas et al. addresses critical...
State-Created Danger and Qualified Immunity: Insights from Estate of Frank P. Lagano v. Bergen County Prosecutor's Office

State-Created Danger and Qualified Immunity: Insights from Estate of Frank P. Lagano v. Bergen County Prosecutor's Office

Date: Oct 16, 2014
State-Created Danger and Qualified Immunity: Insights from Estate of Frank P. Lagano v. Bergen County Prosecutor's Office Introduction In Estate of Frank P. Lagano v. Bergen County Prosecutor's...
State-Created Danger and State Agency Liability under 42 U.S.C. §1983: Insights from Estate of Frank P. Lagano v. Bergen County Prosecutor's Office

State-Created Danger and State Agency Liability under 42 U.S.C. §1983: Insights from Estate of Frank P. Lagano v. Bergen County Prosecutor's Office

Date: Oct 16, 2014
State-Created Danger and State Agency Liability under 42 U.S.C. §1983: Insights from Estate of Frank P. Lagano v. Bergen County Prosecutor's Office Introduction The case of Estate of Frank P. Lagano...
Third Circuit Limits Equitable Estoppel for Non-Signatories in Arbitration Under Delaware Law: Flintkote Co. v. Aviva PLC

Third Circuit Limits Equitable Estoppel for Non-Signatories in Arbitration Under Delaware Law: Flintkote Co. v. Aviva PLC

Date: Oct 10, 2014
Third Circuit Limits Equitable Estoppel for Non-Signatories in Arbitration Under Delaware Law: Flintkote Co. v. Aviva PLC Introduction Flintkote Company v. Aviva PLC, decided by the United States...
Affirmation of Statute of Limitations in Federal Civil Rights Claims: Insights from Omar v. Blackman

Affirmation of Statute of Limitations in Federal Civil Rights Claims: Insights from Omar v. Blackman

Date: Oct 10, 2014
Affirmation of Statute of Limitations in Federal Civil Rights Claims: Insights from Omar v. Blackman Introduction The case of Moshen Omar v. Scott Blackman, adjudicated by the United States Court of...
Untimely Second Removal Under 28 U.S.C. § 1446(b): A Third Circuit Precedent

Untimely Second Removal Under 28 U.S.C. § 1446(b): A Third Circuit Precedent

Date: Oct 10, 2014
Untimely Second Removal Under 28 U.S.C. § 1446(b): A Third Circuit Precedent Introduction The case of A.S., a Minor, by Sallee Miller, Guardian; Sallee Miller, Individually, Appellants v. SmithKline...
Jurisdictional Preclusion in Medicare Claims: The Tucker v. Secretary of Health and Human Services Decision

Jurisdictional Preclusion in Medicare Claims: The Tucker v. Secretary of Health and Human Services Decision

Date: Oct 8, 2014
Jurisdictional Preclusion in Medicare Claims: The Tucker v. Secretary of Health and Human Services Decision Introduction The case KAREN E. TUCKER, Appellant v. SECRETARY OF HEALTH AND HUMAN SERVICES...
Third Circuit Reaffirms Good Faith Exception for Warrantless GPS Surveillance

Third Circuit Reaffirms Good Faith Exception for Warrantless GPS Surveillance

Date: Oct 2, 2014
Third Circuit Reaffirms Good Faith Exception for Warrantless GPS Surveillance Introduction In the landmark case of United States v. Katzin, the United States Court of Appeals for the Third Circuit...
Expansion of Eminent Domain Powers for Pipeline Replacement Confirmed by Third Circuit

Expansion of Eminent Domain Powers for Pipeline Replacement Confirmed by Third Circuit

Date: Sep 27, 2014
Expansion of Eminent Domain Powers for Pipeline Replacement Confirmed by Third Circuit Introduction In the case of Columbia Gas Transmission, LLC v. Brown et al. (768 F.3d 300), the United States...
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