3d Circuit Case Commentaries

Third Circuit Limits Arbitration of ERISA-Assumed Claims in CardioNet v. CIGNA

Date: May 7, 2014

Third Circuit Limits Arbitration of ERISA-Assumed Claims in CardioNet v. CIGNA Introduction In the landmark case of CardioNet, Inc.; Lifewatch Services, Inc. v. CIGNA Health Corporation, the United...

Affirming District Court's Discretion under the Declaratory Judgment Act: Implications from Reifer v. Westport Insurance

Date: Apr 30, 2014

Affirming District Court's Discretion under the Declaratory Judgment Act: Implications from Reifer v. Westport Insurance Introduction The case of Rox–Ann Reifer, Assignee of Donald Russo, Esquire v....

Third Circuit Establishes Stand-Alone §1983 Claim for Evidence Fabrication in Due Process Violations

Date: Apr 25, 2014

Third Circuit Establishes Stand-Alone §1983 Claim for Evidence Fabrication in Due Process Violations Introduction In the landmark case of Byron Halsey v. Frank Pfeiffer et al., the United States...

Declaration of National Status in Habeas Proceedings: The Olopade Decision

Date: Apr 17, 2014

Declaration of National Status in Habeas Proceedings: The Olopade Decision Introduction Anthony Bola Olopade v. Attorney General of the United States of America is a notable case adjudicated by the...

Redefining Protective Sweeps: United States v. White and the Buie Prongs for Warrantless Home Searches

Date: Apr 15, 2014

Redefining Protective Sweeps: United States v. White and the Buie Prongs for Warrantless Home Searches Introduction The case of United States of America v. Joseph Vincent White, adjudicated by the...

Adequate Representation by Government Entities and the Doctrine of Intervention: United States v. Territory of the Virgin Islands

Date: Apr 12, 2014

Adequate Representation by Government Entities and the Doctrine of Intervention: United States v. Territory of the Virgin Islands Introduction The case of United States of America v. Territory of the...

Third Circuit Establishes Potential Municipal Liability for Failure to Train Correctional Officers in De-escalation Techniques

Date: Apr 12, 2014

Third Circuit Establishes Potential Municipal Liability for Failure to Train Correctional Officers in De-escalation Techniques Introduction In the case of Lawrence Thomas v. Cumberland County, the...

Reinforcement of 'Shocking the Conscience' Standard in Substantive Due Process Claims under §1983

Date: Apr 12, 2014

Reinforcement of 'Shocking the Conscience' Standard in Substantive Due Process Claims under §1983 Introduction In the case of Customers Bank, formerly Known as New Century Bank v. Municipality of...

Division of Controlled Substance Statute Under ACCA: United States v. Abbott

Date: Apr 5, 2014

Division of Controlled Substance Statute Under ACCA: United States v. Abbott Introduction United States of America v. Kevin Abbott (748 F.3d 154) is a pivotal case decided by the United States Court...

Affirmation of Dismissal in Pressley v. Huber: Key Insights on §1983 Claims and Prison Litigation

Date: Apr 5, 2014

Affirmation of Dismissal in Pressley v. Huber: Key Insights on §1983 Claims and Prison Litigation Introduction Sean Pressley, an inmate at the Pennsylvania State Correctional Institution (SCI) Camp...

Enhancing Joint Employer and Successor Liability Standards under the FLSA: Thompson v. Real Estate Mortgage Network

Date: Apr 4, 2014

Enhancing Joint Employer and Successor Liability Standards under the Fair Labor Standards Act: Thompson v. Real Estate Mortgage Network Introduction In Patricia Thompson v. Real Estate Mortgage...

Restricting Younger Abstention: Third Circuit Reverses District Court in ACRA Turf Club v. Zanzuccki

Date: Apr 1, 2014

Restricting Younger Abstention: Third Circuit Reverses District Court in ACRA Turf Club v. Zanzuccki Introduction In the case of ACRA Turf Club, LLC and Freehold Raceway Off Track, LLC v. Francesco...

Affirmation of At-Will Employment Doctrine in Wrongful Termination Claims: McCrone et al. v. Acme Markets et al.

Date: Mar 26, 2014

Affirmation of At-Will Employment Doctrine in Wrongful Termination Claims: McCrone et al. v. Acme Markets et al. Introduction In the case of KAREN MCCRONE; DANIEL ARMINIO; JOSE HERNANDEZ; EMANUEL...

Clarifying Magistrate Judges' Authority in Arbitration Motions: Insights from Virgin Islands Water and Power Authority v. General Electric International Inc.

Date: Mar 20, 2014

Clarifying Magistrate Judges' Authority in Arbitration Motions: Insights from Virgin Islands Water and Power Authority v. General Electric International Inc. Introduction The case of Virgin Islands...

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3d Circuit Case Commentaries

Third Circuit Limits Arbitration of ERISA-Assumed Claims in CardioNet v. CIGNA

Affirming District Court's Discretion under the Declaratory Judgment Act: Implications from Reifer v. Westport Insurance

Third Circuit Establishes Stand-Alone §1983 Claim for Evidence Fabrication in Due Process Violations

Declaration of National Status in Habeas Proceedings: The Olopade Decision

Redefining Protective Sweeps: United States v. White and the Buie Prongs for Warrantless Home Searches

Adequate Representation by Government Entities and the Doctrine of Intervention: United States v. Territory of the Virgin Islands

Third Circuit Establishes Potential Municipal Liability for Failure to Train Correctional Officers in De-escalation Techniques

Reinforcement of 'Shocking the Conscience' Standard in Substantive Due Process Claims under §1983

Division of Controlled Substance Statute Under ACCA: United States v. Abbott

Affirmation of Dismissal in Pressley v. Huber: Key Insights on §1983 Claims and Prison Litigation

Enhancing Joint Employer and Successor Liability Standards under the FLSA: Thompson v. Real Estate Mortgage Network

Restricting Younger Abstention: Third Circuit Reverses District Court in ACRA Turf Club v. Zanzuccki

Affirmation of At-Will Employment Doctrine in Wrongful Termination Claims: McCrone et al. v. Acme Markets et al.

Clarifying Magistrate Judges' Authority in Arbitration Motions: Insights from Virgin Islands Water and Power Authority v. General Electric International Inc.

CEPA Protections Reinforced in Kerrigan v. Otsuka America Pharmaceutical, Inc.

Arnold v. Colvin: Upholding the Role of Treating Physicians in Disability Determinations

Affirmation of Abstention Doctrine in Quasi-Criminal State Proceedings: Gonzalez v. Waterfront Commission

Limiting Stacking of Uninsured Motorist Coverage in Antique Car Insurance: Grudkowski v. Foremost Insurance Company

Seamans v. Temple University: Extending FCRA Obligations to HEA-Qualified Education Loans

Affirmation of Due Process in the Face of Conflicting Eyewitness Testimony: Glenn v. Superintendent Wynder