3d Circuit Case Commentaries

Establishing Boundaries for 'Particular Social Group' and Procedural Compliance in Asylum Cases: Chavez-Chilel v. Attorney General

Date: Dec 10, 2021

Establishing Boundaries for 'Particular Social Group' and Procedural Compliance in Asylum Cases: Chavez-Chilel v. Attorney General Introduction In the case of Martha Elena Chavez-Chilel v. Attorney...

Clarifying Procedural Routes under LMRA and FAA: PG Publishing v. Newspaper Guild of Pittsburgh

Date: Dec 1, 2021

Clarifying Procedural Routes under LMRA and FAA: PG Publishing v. Newspaper Guild of Pittsburgh Introduction The case of PG Publishing, Inc., d/b/a Pittsburgh Post Gazette, Appellant v. The Newspaper...

Third Circuit Establishes Adverse Employment Action in Surplus Selection Context

Date: Nov 27, 2021

Third Circuit Establishes Adverse Employment Action in Surplus Selection Context Introduction The United States Court of Appeals for the Third Circuit delivered a pivotal decision in Kathleen Fowler...

Affirmation of Qualified Immunity Standards in Due Process Claims: Dennis v. City of Philadelphia

Date: Nov 24, 2021

Affirmation of Qualified Immunity Standards in Due Process Claims: Dennis v. City of Philadelphia Introduction Dennis v. City of Philadelphia is a pivotal case adjudicated by the United States Court...

Affirmation of Arbitration Award Confirmation: Interpleader Practices Under the FAA

Date: Nov 23, 2021

Affirmation of Arbitration Award Confirmation: Interpleader Practices Under the FAA Introduction The case of CPR Management, S.A. v. Devon Park Bioventures, L.P.; Devon Park Associates, L.P.,...

Affirmation of Federal Program Theft Conviction: Shulick v. United States

Date: Nov 16, 2021

Affirmation of Federal Program Theft Conviction: Shulick v. United States Introduction In United States of America v. David T. Shulick (18 F.4th 91, 2021), the United States Court of Appeals for the...

Rule of Lenity Prevails: Third Circuit Overrules Career Offender Enhancement Interpretation in United States v. Nasir

Date: Nov 9, 2021

Rule of Lenity Prevails: Third Circuit Overrules Career Offender Enhancement Interpretation in United States v. Nasir Introduction United States v. Malik Nasir is a landmark decision by the United...

Third Circuit Clarifies Rule 60(b)(6) Motion Jurisdiction in Habeas Corpus Proceedings

Date: Nov 4, 2021

Third Circuit Clarifies Rule 60(b)(6) Motion Jurisdiction in Habeas Corpus Proceedings Introduction In the landmark decision of Angel Argueta Anariba v. Director Hudson County Correctional Center,...

Early Termination of Supervised Release: Implications of United States v. Sheppard

Date: Nov 4, 2021

Early Termination of Supervised Release: Implications of United States v. Sheppard Introduction United States of America v. Jason Sheppard, 17 F.4th 449 (3rd Cir. 2021) establishes significant...

Third Circuit Rules That Heck Dismissals Constitute Three-Strikes Under PLRA for In Forma Pauperis Applications

Date: Oct 30, 2021

Third Circuit Rules That Heck Dismissals Constitute Three-Strikes Under PLRA for In Forma Pauperis Applications Introduction Allen Dupree Garrett v. Phil Murphy, Governor of New Jersey; Rebecca...

Limits of the PREP Act: Third Circuit Upholds State Courts' Authority in COVID-19 Negligence Suits Against Nursing Homes

Date: Oct 21, 2021

Limits of the PREP Act: Third Circuit Upholds State Courts' Authority in COVID-19 Negligence Suits Against Nursing Homes Introduction The case of Estate of Joseph Maglioli et al. v. Alliance HC...

Requirements for Novelty in Misappropriation Claims: Analysis of Aidong Chen v. KPMG LLP

Date: Oct 5, 2021

Requirements for Novelty in Misappropriation Claims: Analysis of Aidong Chen v. KPMG LLP Introduction The case of Aidong Chen v. KPMG LLP before the United States Court of Appeals for the Third...

Third Circuit Establishes Mixed Dismissals Do Not Accrue Strikes Under 28 U.S.C. § 1915(g) for IFP Proceedings

Date: Sep 28, 2021

Third Circuit Establishes Mixed Dismissals Do Not Accrue Strikes Under 28 U.S.C. § 1915(g) for IFP Proceedings Introduction The case of Quintez Talley v. John E. Wetzel et al. was adjudicated by the...

Requiring Specific Identification of Trade Secrets in Preliminary Injunctions: Insights from Mallet v. Lacayo and Bundy

Date: Sep 25, 2021

Requiring Specific Identification of Trade Secrets in Preliminary Injunctions: Insights from Mallet and Company Inc. v. Ada Lacayo; Russell T. Bundy Associates, Inc. d/b/a Bundy Baking Solutions;...

Section 230 Does Not Immunize Against State Intellectual Property Claims: Third Circuit Establishes New Precedent

Date: Sep 24, 2021

Section 230 Does Not Immunize Against State Intellectual Property Claims: Third Circuit Establishes New Precedent Introduction In the landmark case Karen Hepp v. Facebook, Inc., Imgur Inc., Reddit...

Hobbs Act Robbery Excluded as a "Crime of Violence" under U.S. Sentencing Guidelines: United States v. Eric Scott

Date: Sep 23, 2021

Hobbs Act Robbery Excluded as a "Crime of Violence" under U.S. Sentencing Guidelines: United States v. Eric Scott Introduction In the landmark case United States of America v. Eric Scott, the United...

Third Circuit Upholds Denial of Compassionate Release in United States v. Jefferson

Date: Sep 22, 2021

Third Circuit Upholds Denial of Compassionate Release in UNITED STATES OF AMERICA v. Jefferson Introduction In the case of United States of America v. Tyheed Jefferson, the United States Court of...

Limited Claim Preclusion in Trademark Litigation: Insights from Beasley v. Howard

Date: Sep 18, 2021

Limited Claim Preclusion in Trademark Litigation: Insights from Beasley v. Howard Introduction The case of David Beasley v. William H. Howard, reported at 14 F.4th 226 by the United States Court of...

Impact of Michael Arrington v. United States on §2255 Motion Standards and Ineffective Assistance of Counsel Claims

Date: Sep 10, 2021

Impact of Michael Arrington v. United States on §2255 Motion Standards and Ineffective Assistance of Counsel Claims Introduction In United States of America v. Michael Arrington, 13 F.4th 331 (3d...

Affirmation of Dismissal for Failure to State Plausible Federal Claims in Steinhardt v. Bernardsville Police Department

Date: Sep 3, 2021

Affirmation of Dismissal for Failure to State Plausible Federal Claims in Steinhardt v. Bernardsville Police Department Introduction The case of Annette L. Steinhardt v. Bernardsville Police...