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  • Commentaries
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3d Circuit Case Commentaries

ERISA's Comprehensive Preemption Enforced for Supplementary Insurance within Single Benefits Plan: Third Circuit Decision

ERISA's Comprehensive Preemption Enforced for Supplementary Insurance within Single Benefits Plan: Third Circuit Decision

Date: Aug 7, 2014
ERISA's Comprehensive Preemption Enforced for Supplementary Insurance within Single Benefits Plan: Third Circuit Decision Introduction In the landmark case of Alexander L. Menkes; Stephen Wolfe v....
Third Circuit Clarifies Application of the Mailbox Rule in FMLA Notice Requirements

Third Circuit Clarifies Application of the Mailbox Rule in FMLA Notice Requirements

Date: Aug 6, 2014
Third Circuit Clarifies Application of the Mailbox Rule in FMLA Notice Requirements Introduction In the landmark case Lisa M. Lupyan v. Corinthian Colleges, Inc., 761 F.3d 314 (3d Cir. 2014), the...
Affirmation of Summary Judgment in Equal Protection Claim: Suber et al. v. Coatsville Police and City

Affirmation of Summary Judgment in Equal Protection Claim: Suber et al. v. Coatsville Police and City

Date: Aug 1, 2014
Affirmation of Summary Judgment in Equal Protection Claim: Suber et al. v. Coatsville Police and City Introduction The case of Suber; Bongai Mhloyi; Jeremiah Mhloyi, individually and doing business...
Availability of Classwide Arbitration as a Question of Arbitrability: Opalinski & McCabe v. Robert Half International Inc.

Availability of Classwide Arbitration as a Question of Arbitrability: Opalinski & McCabe v. Robert Half International Inc.

Date: Jul 31, 2014
Availability of Classwide Arbitration as a Question of Arbitrability: Opalinski & McCabe v. Robert Half International Inc. Introduction In the case of Opalinski & McCabe v. Robert Half International...
Admissibility of Prior Convictions in Felon in Possession Cases: Analysis of United States v. Caldwell

Admissibility of Prior Convictions in Felon in Possession Cases: Analysis of United States v. Caldwell

Date: Jul 25, 2014
Admissibility of Prior Convictions in Felon in Possession Cases: Analysis of United States v. Caldwell Introduction In the landmark case of United States of America v. Akeem Abdul Caldwell, the...
Exhaustion of IDEA Administrative Remedies in Retaliation Claims: Batchelor v. Rose Tree Media School District

Exhaustion of IDEA Administrative Remedies in Retaliation Claims: Batchelor v. Rose Tree Media School District

Date: Jul 18, 2014
Exhaustion of IDEA Administrative Remedies in Retaliation Claims: Batchelor v. Rose Tree Media School District Introduction In Batchelor v. Rose Tree Media School District, the United States Court of...
Government's Authority to Forcibly Medicate Defendants for Sentencing Competency Affirmed: United States v. Cruz

Government's Authority to Forcibly Medicate Defendants for Sentencing Competency Affirmed: United States v. Cruz

Date: Jul 11, 2014
Government's Authority to Forcibly Medicate Defendants for Sentencing Competency Affirmed: United States v. Cruz Introduction In the case of United States of America v. Abraham Cruz, decided on July...
Establishing Boundaries in Joint Ventures: Insights from Bennett v. Itochu International

Establishing Boundaries in Joint Ventures: Insights from Bennett v. Itochu International

Date: Jul 11, 2014
Establishing Boundaries in Joint Ventures: Insights from Bennett v. Itochu International Introduction The case of John A. Bennett, M.D.; Devon Robotics, LLC; Devon Health Services, Inc. v. Itochu...
Third Circuit Upholds Standing of Minor Political Parties in Ballot Access Litigation

Third Circuit Upholds Standing of Minor Political Parties in Ballot Access Litigation

Date: Jul 10, 2014
Third Circuit Upholds Standing of Minor Political Parties in Ballot Access Litigation Introduction The case of The Constitution Party of Pennsylvania; The Green Party of Pennsylvania; The Libertarian...
Affirmation of Judicial and Quasi-Judicial Immunity in Civil Rights Litigation

Affirmation of Judicial and Quasi-Judicial Immunity in Civil Rights Litigation

Date: Jul 10, 2014
Affirmation of Judicial and Quasi-Judicial Immunity in Civil Rights Litigation Introduction The case of Nabil Mikhail v. Jolie Kahn et al. presents a significant examination of the boundaries of...
Travillion Decision: Affirmation of District Court's Ruling on Ineffective Assistance of Counsel and Double Jeopardy Claims

Travillion Decision: Affirmation of District Court's Ruling on Ineffective Assistance of Counsel and Double Jeopardy Claims

Date: Jul 8, 2014
Travillion Decision: Affirmation of District Court's Ruling on Ineffective Assistance of Counsel and Double Jeopardy Claims Introduction In United States v. Percy William Travillion, 759 F.3d 281 (3d...
Affirming Prisoners' Limited Rights Under the Religious Freedom Restoration Act: Ford v. Bureau of Prisons

Affirming Prisoners' Limited Rights Under the Religious Freedom Restoration Act: Ford v. Bureau of Prisons

Date: Jul 1, 2014
Affirming Prisoners' Limited Rights Under the Religious Freedom Restoration Act: Ford v. Bureau of Prisons Introduction The case of Edward J. Ford, Jr. v. Bureau of Prisons revolves around federal...
ADEA as the Exclusive Remedy for Age Discrimination Claims under §1983: Comprehensive Analysis of Anthony Hildebrand v. Allegheny County

ADEA as the Exclusive Remedy for Age Discrimination Claims under §1983: Comprehensive Analysis of Anthony Hildebrand v. Allegheny County

Date: Jun 28, 2014
ADEA as the Exclusive Remedy for Age Discrimination Claims under §1983: Comprehensive Analysis of Anthony Hildebrand v. Allegheny County Introduction The case of Anthony Hildebrand v. Allegheny...
No Prerequisite for Debt Validation Before FDCPA Litigation - McLaughlin v. Phelan Hallinan & Schmieg, LLP

No Prerequisite for Debt Validation Before FDCPA Litigation - McLaughlin v. Phelan Hallinan & Schmieg, LLP

Date: Jun 27, 2014
No Prerequisite for Debt Validation Before FDCPA Litigation Introduction In Timothy McLaughlin v. Phelan Hallinan & Schmieg, LLP (756 F.3d 240, 3rd Cir. 2014), the United States Court of Appeals for...
Continental Tire v. Ross: Affirmation of FMLA Interference and Retaliation Standards

Continental Tire v. Ross: Affirmation of FMLA Interference and Retaliation Standards

Date: Jun 18, 2014
Continental Tire v. Ross: Affirmation of FMLA Interference and Retaliation Standards Introduction In Ronald Ross v. Kevin Gilhuly; Continental Tire of America LLC, the United States Court of Appeals...
Affirmation of Dismissal in Andela v. Administrative Office of United States Courts: Implications for Declaratory Judgments and Agency Immunity

Affirmation of Dismissal in Andela v. Administrative Office of United States Courts: Implications for Declaratory Judgments and Agency Immunity

Date: Jun 18, 2014
Affirmation of Dismissal in Andela v. Administrative Office of United States Courts: Implications for Declaratory Judgments and Agency Immunity Introduction In the case of Valentine B. Andela, d/b/a...
Enhancing Sentences for Substantial Interference with Justice: Insights from United States v. Waterman

Enhancing Sentences for Substantial Interference with Justice: Insights from United States v. Waterman

Date: Jun 18, 2014
Enhancing Sentences for Substantial Interference with Justice: Insights from United States v. Waterman Introduction United States v. Robert Waterman (755 F.3d 171, 3rd Cir. 2014) is a pivotal case...
Enhanced Pleading Standards for False Claims Act under Third Circuit Jurisdiction

Enhanced Pleading Standards for False Claims Act under Third Circuit Jurisdiction

Date: Jun 7, 2014
Enhanced Pleading Standards for False Claims Act under Third Circuit Jurisdiction Introduction The case of Thomas Foglia, In the Name of the United States Government versus Renal Ventures Management,...
Affirmation of Dismissal for Securities Fraud Claims under PSLRA in Context of Clinical Trial Data Disclosures

Affirmation of Dismissal for Securities Fraud Claims under PSLRA in Context of Clinical Trial Data Disclosures

Date: Jun 7, 2014
Affirmation of Dismissal for Securities Fraud Claims under PSLRA in Context of Clinical Trial Data Disclosures Introduction In the case of CITY OF EDINBURGH COUNCIL as Administering Authority for the...
Third Circuit Affirms Dismissal of Monell and Supervisory Claims in Retaliation Case

Third Circuit Affirms Dismissal of Monell and Supervisory Claims in Retaliation Case

Date: Jun 5, 2014
Third Circuit Affirms Dismissal of Monell and Supervisory Claims in Retaliation Case Introduction In the case of Sheila A. Wood v. Brian Williams et al., the United States Court of Appeals for the...
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