3d Circuit Case Commentaries

Clarifying Plea Agreement Breaches and Habeas Relief: Insights from Lacombe v. Warden James T. Vaughn Correctional Center

Date: Mar 9, 2024

Clarifying Plea Agreement Breaches and Habeas Relief: Insights from Lacombe v. Warden James T. Vaughn Correctional Center Introduction Claude P. Lacombe v. Warden James T. Vaughn Correctional Center;...

Exhaustion of Administrative Remedies in Prisoners' Civil Rights Actions: Analysis of R. Miller v. PADOC

Date: Mar 7, 2024

Exhaustion of Administrative Remedies in Prisoners' Civil Rights Actions: Analysis of R. Miller v. PADOC Introduction The case of Ricky Miller v. Pennsylvania Department of Corrections (PADOC)...

Affirmation of Dismissal in Eighth Amendment Excessive Force Claim: Landis v. Moyer

Date: Mar 6, 2024

Affirmation of Dismissal in Eighth Amendment Excessive Force Claim: Landis v. Moyer Introduction The case of Carlton Theodore Landis v. Correctional Officer Chad Moyer; Federal Bureau of Prisons...

Substantial Evidence Standard Affirmed in New Concepts for Living, Inc. v. NLRB

Date: Mar 5, 2024

Substantial Evidence Standard Affirmed in New Concepts for Living, Inc. v. NLRB Introduction New Concepts for Living, Inc. ("New Concepts") challenged an order from the National Labor Relations Board...

Limits of Deriving U.S. Citizenship through Common-Law Marriage: Vando Davis v. Attorney General USA

Date: Mar 1, 2024

Limits of Deriving U.S. Citizenship through Common-Law Marriage: Vando Davis v. Attorney General USA Introduction The case Damion Glenroy Vando Davis v. Attorney General United States of America...

Implied Private Right of Action Under the New Jersey Cable Television Act: A Comprehensive Analysis of Borough of Longport & Township of Irvington v. Netflix, Inc. & Hulu, LLC

Date: Mar 1, 2024

Implied Private Right of Action Under the New Jersey Cable Television Act: A Comprehensive Analysis of Borough of Longport & Township of Irvington v. Netflix, Inc. & Hulu, LLC Introduction The recent...

Affirmation of Summary Judgment in Fitzgerald v. Amtrak: Implications for Employment Discrimination and Retaliation Claims

Date: Feb 27, 2024

Affirmation of Summary Judgment in Fitzgerald v. Amtrak: Implications for Employment Discrimination and Retaliation Claims Introduction In the case of David Fitzgerald v. National Railroad Passenger...

Third Circuit Denies Mandamus Relief in Sham Litigation Case, Reinforcing High Threshold for Crime-Fraud Exception to Attorney-Client Privilege

Date: Feb 23, 2024

Third Circuit Denies Mandamus Relief in Sham Litigation Case, Reinforcing High Threshold for Crime-Fraud Exception to Attorney-Client Privilege Introduction In the case of In re: Abbott Laboratories...

Clarifying 'Acting Under' in Federal-Officer Removal: Mohr v. Trustees of UPenn

Date: Feb 22, 2024

Clarifying 'Acting Under' in Federal-Officer Removal: Mohr v. Trustees of UPenn Introduction The case of Johnathon Mohr, for himself and others similarly situated v. Trustees of the University of...

Affirmation of Lack of Subject-Matter Jurisdiction in Gibson v. Tip Towing and Recovery LLC

Date: Feb 17, 2024

Affirmation of Lack of Subject-Matter Jurisdiction in Gibson v. Tip Towing and Recovery LLC Introduction In the case of Rainy Marie Gibson, En Legis, Principal, Appellant v. Tip Towing and Recovery...

Standing Under the FDCPA: Keystone Credit Services v. Paulette Barclift Establishes Criteria for Unauthorized Third-Party Communications

Date: Feb 17, 2024

Standing Under the FDCPA: Keystone Credit Services v. Paulette Barclift Establishes Criteria for Unauthorized Third-Party Communications Introduction The case of Paulette Barclift v. Keystone Credit...

Constructive Notice in Premises Liability: Analyzing Won S. Choi v. Costco Wholesale Corporation

Date: Feb 17, 2024

Constructive Notice in Premises Liability: Analyzing Won S. Choi v. Costco Wholesale Corporation Introduction In the case of Won S. Choi v. Costco Wholesale Corporation, adjudicated by the United...

Judicial Endorsement of University Vaccine Mandates under Rational Basis Review: Analysis of Rutgers v. Children's Health Defense, Inc. & Others

Date: Feb 16, 2024

Judicial Endorsement of University Vaccine Mandates under Rational Basis Review: Analysis of Rutgers v. Children's Health Defense, Inc. & Others Introduction The case of Children's Health Defense,...

Admitting Rap Music as Evidence and Ensuring Jury Impartiality: A Comprehensive Analysis of U.S. v. Johnson

Date: Feb 15, 2024

Admitting Rap Music as Evidence and Ensuring Jury Impartiality: A Comprehensive Analysis of U.S. v. Johnson Introduction In the case of United States of America v. James W. Johnson, the United States...

Third Circuit Affirms LEOSA's Preemption Over New Jersey's Retired Police Permit Requirements

Date: Feb 15, 2024

Third Circuit Affirms LEOSA's Preemption Over New Jersey's Retired Police Permit Requirements Introduction In the landmark case of Federal Law Enforcement Officers Association; New Jersey Fraternal...

Third Circuit Clarifies 'Cognizable Social Group' and Mandates Comprehensive Review of CAT Evidence in Immigration Cases

Date: Feb 14, 2024

Third Circuit Clarifies 'Cognizable Social Group' and Mandates Comprehensive Review of CAT Evidence in Immigration Cases Introduction The case of Yahye Herrow v. Attorney General United States of...

Affirmation of Dismissal for Plaintiff's Failure to Prosecute Under FRCP 41(b): Higgs v. Lanigan

Date: Feb 14, 2024

Affirmation of Dismissal for Plaintiff's Failure to Prosecute Under FRCP 41(b): Higgs v. Lanigan Introduction Donald D. Higgs, proceeding pro se, initiated a federal civil rights lawsuit against Gary...

Rooker-Feldman Doctrine Reinforced in Coppedge v. SLS LLC; Orlans PC Case

Date: Feb 10, 2024

Rooker-Feldman Doctrine Reinforced in Coppedge v. SLS LLC; Orlans PC Case Introduction In the appellate case James Coppedge v. SLS LLC; Orlans PC, adjudicated by the United States Court of Appeals...

District Courts Must Personally Review Sensitive Evidence Before Exclusion Under Rule 403

Date: Feb 9, 2024

District Courts Must Personally Review Sensitive Evidence Before Exclusion Under Rule 403 Introduction In the case of United States of America v. Roderick T. Long (92 F.4th 481), the United States...

Affirmation of LCI's Judgment: CDCA's Scope Limited to Loan Negotiation

Date: Feb 8, 2024

Affirmation of LCI's Judgment: CDCA's Scope Limited to Loan Negotiation Introduction In the case of Robert V. Petro, individually and on behalf of all others similarly situated, Appellant v....