3d Circuit Case Commentaries

Establishing Article III Standing in Data Breach Cases: Clemens v. ExecuPharm Inc. & Parexel Intl Corp

Date: Sep 3, 2022

Establishing Article III Standing in Data Breach Cases: Clemens v. ExecuPharm Inc. & Parexel Intl Corp Introduction In the landmark case of Jennifer Clemens, Appellant v. ExecuPharm Inc.; Parexel...

Third Circuit Reinforces Consideration of Intervening Changes and Procedural Fairness in First Step Act Resentencing

Date: Sep 2, 2022

Third Circuit Reinforces Consideration of Intervening Changes and Procedural Fairness in First Step Act Resentencing Introduction In United States of America v. Clifton Shields, 19-2717 (3d Cir....

Duncan v. Government of the Virgin Islands: Redefining Class Certification Standards

Date: Sep 1, 2022

Duncan v. Government of the Virgin Islands: Redefining Class Certification Standards 1. Introduction In the case of Jennifer Duncan v. Governor of the Virgin Islands et al., the United States Court...

Third Circuit Holds Indefinite Seizure of Lawfully Owned Firearms Violates Second and Fifth Amendments

Date: Aug 31, 2022

Third Circuit Holds Indefinite Seizure of Lawfully Owned Firearms Violates Second and Fifth Amendments Introduction In the landmark case Eugene Michael Frein; Deborah Frein v. Pennsylvania State...

LABMD Inc. v. Tiversa Holding Corp.: Redefining Defamation and Sanctions in Cybersecurity Litigation

Date: Aug 31, 2022

LABMD Inc. v. Tiversa Holding Corp.: Redefining Defamation and Sanctions in Cybersecurity Litigation Introduction LABMD Inc. v. Robert J. Boback et al. is a pivotal case adjudicated by the United...

New FCRA Precedent: Direct Consumer Requests Essential for Disclosure Obligations and Class Certification

Date: Aug 25, 2022

New FCRA Precedent: Direct Consumer Requests Essential for Disclosure Obligations and Class Certification Introduction In the landmark case of Kevin Joseph Kelly; Karriem Bey v. RealPage Inc., d/b/a...

Clarifying Shareholder Standing: Prudential Doctrine Confirmed as Non-Jurisdictional

Date: Aug 25, 2022

Clarifying Shareholder Standing: Prudential Doctrine Confirmed as Non-Jurisdictional Introduction In the landmark case of Adam Potter; Moxie HC LLC v. Cozen & O'Connor; decided by the United States...

Third Circuit Establishes Federal Government's Liability Under FCRA

Date: Aug 25, 2022

Third Circuit Establishes Federal Government's Liability Under FCRA Introduction The Third Circuit Court of Appeals delivered a landmark decision on August 24, 2022, in the case of Reginald Kirtz v....

Strict Enforcement of AEDPA's Record Development Limits in Williams v. Superintendent Mahanoy SCI

Date: Aug 19, 2022

Strict Enforcement of AEDPA's Record Development Limits in Williams v. Superintendent Mahanoy SCI Introduction Williams v. Superintendent Mahanoy SCI is a notable decision by the United States Court...

Affirmation of State Court Jurisdiction in Climate Change Tort Suits: CITY OF HOBOKEN v. CHEVRON CORPORATION

Date: Aug 18, 2022

Affirmation of State Court Jurisdiction in Climate Change Tort Suits: CITY OF HOBOKEN v. CHEVRON CORPORATION Introduction The United States Court of Appeals for the Third Circuit, in the case of City...

Affirmation of Jersey City's Ordinance Limiting Short-Term Rentals: Implications for Regulatory Takings

Date: Aug 17, 2022

Affirmation of Jersey City's Ordinance Limiting Short-Term Rentals: Implications for Regulatory Takings Introduction In the case of Gennadiy Nekrilov et al. v. City of Jersey City (45 F.4th 662), the...

Favorable-Termination Requirement for Civil Rights Claims: Coello v. DiLeo et al.

Date: Aug 9, 2022

Favorable-Termination Requirement for Civil Rights Claims: Coello v. DiLeo et al. Introduction In the landmark case Yasmine Coello v. Louis M.J. DiLeo et al., the United States Court of Appeals for...

Third Circuit Affirms Reasonable Reader Standard for Credit Report Accuracy under FCRA in Bibbs v. Trans Union LLC

Date: Aug 9, 2022

Third Circuit Affirms Reasonable Reader Standard for Credit Report Accuracy under FCRA in Bibbs v. Trans Union LLC Introduction In the consolidated case of Marissa Bibbs, Michael Parke, and Fatoumata...

Res Judicata and Privity: Third Circuit Clarifies Standards in Chaudhari v. Parker

Date: Aug 2, 2022

Res Judicata and Privity: Third Circuit Clarifies Standards in Chaudhari v. Parker Introduction The case of Saket Chaudhari; Satyendra Chaudhari v. Matthew Parker; Parker Consulting Services, Inc.;...

Third Circuit Sets New Precedent on Personal Jurisdiction in FLSA Collective Actions: Fischer v. FedEx Ground Package System

Date: Jul 27, 2022

Third Circuit Sets New Precedent on Personal Jurisdiction in FLSA Collective Actions: Fischer v. FedEx Ground Package System Introduction In the landmark case of Christa B. Fischer, Individually and...

United States v. Fleyshmakher: Establishing New Precedents in Cybersecurity Law

Date: Jul 22, 2022

United States v. Fleyshmakher: Establishing New Precedents in Cybersecurity Law Introduction The case of United States of America v. Igor Fleyshmakher represents a significant development in...

Analysis of Garrett Kajmowicz v. Matthew G. Whitaker

Date: Jul 22, 2022

Analysis of Garrett Kajmowicz v. Matthew G. Whitaker: Implications for Agency Authority under the Third Circuit Introduction The case of Garrett Kajmowicz v. Matthew G. Whitaker addressed significant...

Enhancing Pharmaceutical Patent Litigation: Insights from Perrigo Co. v. AbbVie Inc.

Date: Jul 22, 2022

Enhancing Pharmaceutical Patent Litigation: Insights from Perrigo Co. v. AbbVie Inc. Introduction The case of Perrigo Co. et al. v. AbbVie Inc. et al. adjudicated by the United States Court of...

Appellants vs. AFSCME Council No. 13: Legal Commentary

Date: Jul 21, 2022

Appellants vs. American Federation of State, County and Municipal Employees Council No. 13: A New Precedent in [Insert Legal Area] Introduction The case of David Schaszberger et al. v. American...

Establishing Individual Liability of Correctional Officials: The Fred Minor Case

Date: Jul 21, 2022

Establishing Individual Liability of Correctional Officials: The Fred Minor Case Introduction The case of Fred Minor v. Michael D. Overmyer et al. was adjudicated in the United States Court of...