3d Circuit Case Commentaries

Limitation of the First Step Act: Third Circuit Upholds Denial of Sentence Reduction for Completed Incarerative Terms

Date: Mar 11, 2023

Limitation of the First Step Act: Third Circuit Upholds Denial of Sentence Reduction for Completed Incarcerative Terms Introduction In the case of United States of America v. Elroy Brow, the United...

Affirmation of Waiver of Arbitration Rights in Samsung Electronics America Case

Date: Mar 8, 2023

Affirmation of Waiver of Arbitration Rights in Samsung Electronics America Case Introduction The case of Thomas Roger White, Jr.; Patricia Cauley, on behalf of themselves and all others similarly...

Third Circuit Establishes New Standards for Forced Labor Claims in Burrell v. Lackawanna County

Date: Feb 9, 2023

Third Circuit Establishes New Standards for Forced Labor Claims in Burrell v. Lackawanna County Introduction In the case of William L. Burrell, Jr.; Joshua Huzzard; Dampsey Stuckey v. Tom Staff, et...

Third Circuit Establishes 'Controlled Substance' Includes State-Regulated Drugs for Sentencing Enhancements

Date: Jan 27, 2023

Third Circuit Establishes 'Controlled Substance' Includes State-Regulated Drugs for Sentencing Enhancements Introduction In the landmark case of United States of America v. Jamar M. Lewis, 58 F.4th...

Affirmation that COVID-19 Closure Orders Do Not Constitute Physical Loss Under Commercial Property Insurance Policies

Date: Jan 7, 2023

Affirmation that COVID-19 Closure Orders Do Not Constitute Physical Loss Under Commercial Property Insurance Policies Introduction In the landmark case of Rhonda H. Wilson; The Law Offices of Rhonda...

Noerr-Pennington Immunity Affirmed in Takeda v. Zydus Pharmaceuticals

Date: Dec 10, 2022

Noerr-Pennington Immunity Affirmed in Takeda v. Zydus Pharmaceuticals: A Comprehensive Analysis Introduction The case Takeda Pharmaceutical Co. Ltd. et al. v. Zydus Pharmaceuticals (USA) Inc. &...

Third Circuit Clarifies 'Loss' in Sentencing Guidelines: Actual Loss Prevails Over Intended Loss

Date: Dec 1, 2022

Third Circuit Clarifies 'Loss' in Sentencing Guidelines: Actual Loss Prevails Over Intended Loss Introduction In the case of United States of America v. Frederick H. Banks (55 F.4th 246), adjudicated...

Judicial Determination of Mootness in Religious Freedom Challenge: Clark v. Governor of New Jersey

Date: Nov 29, 2022

Mootness and Religious Freedom: Comprehensive Analysis of Clark v. Governor of New Jersey Introduction The case of CHARLES CLARK, III; SOLID ROCK BAPTIST CHURCH, New Jersey not-for-profit...

Enhanced Eighth Amendment Protections for Mentally Ill Inmates in Solitary Confinement Established in Clark v. Coupe

Date: Nov 29, 2022

Enhanced Eighth Amendment Protections for Mentally Ill Inmates in Solitary Confinement Established in Clark v. Coupe Introduction Antoine Clark, as Personal Representative for Angelo Clark,...

Affirmation of New Jersey's Ballot Slogan Consent Requirement Under Anderson-Burdick Test

Date: Nov 24, 2022

Affirmation of New Jersey's Ballot Slogan Consent Requirement Under Anderson-Burdick Test Introduction In the case of Eugene Mazo; Lisa McCormick v. New Jersey Secretary of State, the United States...

Disarmament of Felony-Equivalent Offenders Upheld under Second Amendment: Range v. Attorney General

Date: Nov 17, 2022

Disarmament of Felony-Equivalent Offenders Upheld under Second Amendment: Range v. Attorney General Introduction In the case of Range v. Attorney General, the United States Court of Appeals for the...

Third Circuit Upholds Rational Basis for Halfway House Placements of Sex Offenders

Date: Nov 10, 2022

Third Circuit Upholds Rational Basis for Halfway House Placements of Sex Offenders Introduction In the case of Lacey Stradford et al. v. Secretary Pennsylvania Department of Corrections, the United...

Clarifying Counsel Obligations in Anders Brief Withdrawals: United States v. Langley

Date: Nov 8, 2022

Clarifying Counsel Obligations in Anders Brief Withdrawals: United States v. Langley Introduction The case of United States of America v. Rasheem Langley (52 F.4th 564) addresses critical issues...

Enhanced Privacy Protections Under WESCA: Popa v. Harriet Carter Gifts, Inc. & NaviStone, Inc.

Date: Oct 19, 2022

Enhanced Privacy Protections Under WESCA: Popa v. Harriet Carter Gifts, Inc. & NaviStone, Inc. Introduction In Popa v. Harriet Carter Gifts, Inc. & NaviStone, Inc., the United States Court of Appeals...

Affirmation of Dismissal Under Federal Rule of Civil Procedure 8(a)(2)

Date: Sep 29, 2022

Affirmation of Dismissal Under Federal Rule of Civil Procedure 8(a)(2) Introduction In the case of FIAZ AFZAL, MD; DR. SHAHIDA SHUJA, Appellants v. NEW JERSEY BOARD OF MEDICAL EXAMINERS; LOUISIANA...

Strict Adherence to Coram Nobis Standards Preserves Conviction Despite Rehaif Precedent

Date: Sep 28, 2022

Strict Adherence to Coram Nobis Standards Preserves Conviction Despite Rehaif Precedent Introduction The case of United States of America v. Amin De Castro, 49 F.4th 836 (3d Cir. 2022), serves as a...

Interpretation of Pennsylvania's Consumer Discount Company Act in FDCPA Claims: Lutz v. Portfolio Recovery Associates

Date: Sep 20, 2022

Interpretation of Pennsylvania's Consumer Discount Company Act in FDCPA Claims: Lutz v. Portfolio Recovery Associates Introduction In Lutz v. Portfolio Recovery Associates, LLC (49 F.4th 323, 2022),...

Lack of Article III Standing in Fracking Ban Challenge: A Third Circuit Analysis

Date: Sep 17, 2022

Lack of Article III Standing in Fracking Ban Challenge: A Third Circuit Analysis Introduction In the landmark case titled GENE YAW, Senator; LISA BAKER, Senator; THE PENNSYLVANIA SENATE REPUBLICAN...

New Precedent in Employment Retaliation: Third Circuit Reverses Summary Judgment in Canada v. Grossi

Date: Sep 16, 2022

New Precedent in Employment Retaliation: Third Circuit Reverses Summary Judgment in Canada v. Grossi Introduction In the landmark case of Joseph Canada v. Samuel Grossi & Sons, Inc., the United...

Jurisdictional Constraints and Sovereign Immunity in Aldossari v. Saudi Defendants

Date: Sep 14, 2022

Jurisdictional Constraints and Sovereign Immunity in Aldossari v. Saudi Defendants Introduction In the case of Nader Turki Aldossari, on behalf of his minor son Rakan Nader Aldossari, Appellant...