3d Circuit Case Commentaries

Establishing Government Agency: Third Circuit Sets Two-Pronged Test for Private Party Actions Under the Fourth Amendment

Date: Aug 2, 2023

Establishing Government Agency: Third Circuit Sets Two-Pronged Test for Private Party Actions Under the Fourth Amendment Introduction In the landmark case United States of America v. John Lewis...

Affirmation of Supervisory Discretion and Judicial Impartiality Standards in United States v. Fattah

Date: Jul 20, 2023

Affirmation of Supervisory Discretion and Judicial Impartiality Standards in United States v. Fattah Introduction United States of America v. Chaka Fattah, Jr. is a notable case adjudicated by the...

Equitable Tolling Applies to §6213(a) Filing Deadline for Tax Deficiency Redetermination Petitions

Date: Jul 20, 2023

Equitable Tolling Applies to §6213(a) Filing Deadline for Tax Deficiency Redetermination Petitions Introduction In the appellate case Isobel Berry Culp; David R. Culp v. Commissioner of Internal...

Dismissal of In Forma Pauperis Claims: A Comprehensive Analysis of Wright v. United States

Date: Jul 15, 2023

Dismissal of In Forma Pauperis Claims: A Comprehensive Analysis of Wright v. United States Introduction In the case of Linda Ann Wright v. United States of America, adjudicated by the United States...

Fabrication of Polygraph Evidence: Mervilus v. Union County Establishes Critical Precedents

Date: Jul 14, 2023

Fabrication of Polygraph Evidence: Mervilus v. Union County Establishes Critical Precedents Introduction In the landmark case of Emmanuel Mervilus v. Union County et al., the United States Court of...

Affirmation of Sovereign Immunity in FTCA Claims: Justin Mohn v. United States

Date: Jul 4, 2023

Affirmation of Sovereign Immunity in FTCA Claims: Justin Mohn v. United States 1. Introduction Justin Mohn, a pro se litigant, initiated a legal action against the United States Department of...

Substantial Evidence Standard Affirmed in Pierznik v. Commissioner of Social Security

Date: Jun 16, 2023

Substantial Evidence Standard Affirmed in Pierznik v. Commissioner of Social Security Introduction In the case of Justin Pierznik v. Commissioner of Social Security, decided on June 15, 2023, the...

Range v. Attorney General: Third Circuit Rules §922(g)(1) Violates Second Amendment for Nonviolent Felons

Date: Jun 7, 2023

Range v. Attorney General: Third Circuit Rules §922(g)(1) Violates Second Amendment for Nonviolent Felons Introduction In the landmark case Bryan David Range, Appellant v. Attorney General United...

Affirmation of Evidence Suppression: Establishing Limits on Police Conduct During Traffic Stops

Date: Jun 3, 2023

Affirmation of Evidence Suppression: Establishing Limits on Police Conduct During Traffic Stops Introduction The case of United States of America v. Donte Dowdell, decided by the United States Court...

Youngers Abstention Doctrine Clarified in Borowski v. Kean University

Date: May 26, 2023

Youngers Abstention Doctrine Clarified in Borowski v. Kean University Introduction Borowski v. Kean University, 68 F.4th 844 (2023), represents a significant development in the application of the...

Third Circuit Clarifies FTCA's Discretionary Function Exception in National Security Context

Date: May 25, 2023

Third Circuit Clarifies FTCA's Discretionary Function Exception in National Security Context Introduction In the case of Xiaoxing Xi; Joyce Xi; Qi Li v. FBI Special Agent Andrew Haugen et al., the...

Affirmation of Drug Trafficking Conviction: Authentication of Undercover Recordings and Speedy Trial Considerations

Date: May 12, 2023

Affirmation of Drug Trafficking Conviction: Authentication of Undercover Recordings and Speedy Trial Considerations Introduction In the case of United States of America v. Adelfo Rodriguez-Mendez,...

Affirmation of Summary Judgment in Hostile Work Environment Claims: Emphasizing Severity and Pervasiveness Standards

Date: May 12, 2023

Affirmation of Summary Judgment in Hostile Work Environment Claims: Emphasizing Severity and Pervasiveness Standards Introduction The case of April Nitkin v. Main Line Health, Inc. tackled...

Affirmation of Verdict Reinforces Narrow Scope of Racial Bias Exception under Fed. R. Evid. 606(b)

Date: May 6, 2023

Affirmation of Verdict Reinforces Narrow Scope of Racial Bias Exception under Fed. R. Evid. 606(b) Introduction In United States of America v. Frank Nucera, Jr., Appellant Frank Nucera challenges the...

Reaffirmation of Ascertainability Standards in Class Certification: In re Niaspan Antitrust Litigation

Date: Apr 25, 2023

Reaffirmation of Ascertainability Standards in Class Certification: In re Niaspan Antitrust Litigation Introduction In the case of In re: Niaspan Antitrust Litigation, the United States Court of...

Qualified Immunity in RFRA Claims: Insights from Mack v. Yost, Third Circuit

Date: Mar 22, 2023

Qualified Immunity in RFRA Claims: Insights from Mack v. Yost, Third Circuit Introduction The case of Charles Mack v. John Yost, Warden; Tim Kuhn, Associate Warden; Jeffrey Stephens, Trust Fund...

Clarification of EX PARTE YOUNG, Burford Abstention, and Rooker-Feldman in §1983 Claims: Stewart Merritts, Jr. v. Pennsylvania Department of Transportation

Date: Mar 17, 2023

Clarification of EX PARTE YOUNG, Burford Abstention, and Rooker-Feldman in §1983 Claims: Stewart Merritts, Jr. v. Pennsylvania Department of Transportation Introduction The case of Stewart Merritts,...

Distinction Between PTO and Salary Under FLSA Confirmed in Higgins v. Bayada Home Health Care Inc.

Date: Mar 16, 2023

Distinction Between PTO and Salary Under FLSA Confirmed in Higgins v. Bayada Home Health Care Inc. Introduction In the landmark case of Stephanie Higgins et al. v. Bayada Home Health Care Inc.,...

Affirmation of Use of Firearm in Completed Hobbs Act Robbery as a Crime of Violence under § 924(c)(3)(A)

Date: Mar 11, 2023

Affirmation of Use of Firearm in Completed Hobbs Act Robbery as a Crime of Violence under § 924(c)(3)(A) Introduction The case of United States of America v. George Stoney, adjudicated by the United...

Withdrawal of Counsel Under ANDERS v. CALIFORNIA: Insights from United States v. Mondelice

Date: Mar 11, 2023

Withdrawal of Counsel Under ANDERS v. CALIFORNIA: Insights from United States v. Mondelice Introduction The case of United States of America v. Gethro Mondelice addresses critical issues surrounding...