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  • Commentaries
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3d Circuit Case Commentaries

Heffner v. Murphy: Third Circuit Protects Funeral Home Trade Names under First Amendment

Heffner v. Murphy: Third Circuit Protects Funeral Home Trade Names under First Amendment

Date: Feb 20, 2014
Heffner v. Murphy: Third Circuit Protects Funeral Home Trade Names under First Amendment Introduction In the case of Heffner v. Murphy, the United States Court of Appeals for the Third Circuit...
Third Circuit Holds New Jersey Prevailing Wage Act Not Preempted by ERISA or LMRA

Third Circuit Holds New Jersey Prevailing Wage Act Not Preempted by ERISA or LMRA

Date: Feb 15, 2014
Third Circuit Holds New Jersey Prevailing Wage Act Not Preempted by ERISA or LMRA Introduction In the case New Jersey Carpenters and the Trustees Thereof, as assignees of Edward Chatten and other...
Affirmation of Pleading Standards for FLSA Overtime Claims in Davis et al. v. Healthcare Systems

Affirmation of Pleading Standards for FLSA Overtime Claims in Davis et al. v. Healthcare Systems

Date: Feb 11, 2014
Affirmation of Pleading Standards for FLSA Overtime Claims in Davis et al. v. Healthcare Systems Introduction The case of Collette Davis; Erica Williams; Kevin Keller; Charlene Murdoch, on behalf of...
Revisiting FMLA Protections: Vanessa Budhun v. Reading Hospital Establishes Enhanced Safeguards Against Employer Interference and Retaliation

Revisiting FMLA Protections: Vanessa Budhun v. Reading Hospital Establishes Enhanced Safeguards Against Employer Interference and Retaliation

Date: Feb 11, 2014
Revisiting FMLA Protections: Vanessa Budhun v. Reading Hospital Establishes Enhanced Safeguards Against Employer Interference and Retaliation Introduction In the landmark case of Vanessa Budhun v....
Third Circuit Affirms DOL's Authority in H–2B Wage Determinations

Third Circuit Affirms DOL's Authority in H–2B Wage Determinations

Date: Feb 6, 2014
Third Circuit Affirms Department of Labor's Authority in H–2B Wage Determinations Introduction The case of Louisiana Forestry Association Inc. v. Secretary of the U.S. Department of Labor examines...
Ineffective Assistance of Counsel and Procedural Default in Habeas Corpus: Collins v. Secretary of Dept. of Corrections

Ineffective Assistance of Counsel and Procedural Default in Habeas Corpus: Collins v. Secretary of Dept. of Corrections

Date: Feb 1, 2014
Ineffective Assistance of Counsel and Procedural Default in Habeas Corpus: Collins v. Secretary of Dept. of Corrections Introduction Collins v. Secretary of the Pennsylvania Department of Corrections...
Affirmation of Strict Standards under 8 U.S.C. § 1154(c) in Immigration Petitions for Spousal Status

Affirmation of Strict Standards under 8 U.S.C. § 1154(c) in Immigration Petitions for Spousal Status

Date: Jan 11, 2014
Affirmation of Strict Standards under 8 U.S.C. § 1154(c) in Immigration Petitions for Spousal Status Introduction The case of Elias Halim Eid and Gwen Packard–Eid v. John Thompson et al. was heard by...
United States v. Mekail Omar Jones: Misdemeanor Vehicular Flight Classified as a Crime of Violence and Assault Enhancement Disallowed

United States v. Mekail Omar Jones: Misdemeanor Vehicular Flight Classified as a Crime of Violence and Assault Enhancement Disallowed

Date: Jan 11, 2014
United States v. Mekail Omar Jones: Misdemeanor Vehicular Flight Classified as a Crime of Violence and Assault Enhancement Disallowed Court of Decision: United States Court of Appeals, Third Circuit...
Qualified Immunity Affirmed in Nicholas George v. William Rehiel: A Landmark Decision on Fourth and First Amendment Rights

Qualified Immunity Affirmed in Nicholas George v. William Rehiel: A Landmark Decision on Fourth and First Amendment Rights

Date: Dec 25, 2013
Qualified Immunity Affirmed in Nicholas George v. William Rehiel: A Landmark Decision on Fourth and First Amendment Rights Introduction The case of Nicholas George v. William Rehiel originated from...
Reconciliation of Defamation and False Light Claims: Analysis of Graboff v. Colleran Firm

Reconciliation of Defamation and False Light Claims: Analysis of Graboff v. Colleran Firm

Date: Dec 21, 2013
Reconciliation of Defamation and False Light Claims: Analysis of Graboff v. Colleran Firm Introduction The case of Stevens R. Graboff v. The Colleran Firm et al. (744 F.3d 128), adjudicated by the...
Restitution and Gist of the Action Doctrine in Contract Disputes: Insights from ADDIE v. KJAER

Restitution and Gist of the Action Doctrine in Contract Disputes: Insights from ADDIE v. KJAER

Date: Dec 17, 2013
Restitution and Gist of the Action Doctrine in Contract Disputes: Insights from ADDIE v. KJAER Introduction The case of Robert Addie, Jorge Perez, and Jason Taylor v. Christian Kjaer et al. (737 F.3d...
Enforcing Section 10(k) Awards: A New Precedent in Labor Disputes

Enforcing Section 10(k) Awards: A New Precedent in Labor Disputes

Date: Dec 14, 2013
Enforcing Section 10(k) Awards: A New Precedent in Labor Disputes Introduction The case of Sheet Metal Workers International Association Local Union No. 27, AFL–CIO versus E.P. Donnelly, Inc. and...
Pennsylvania Special Education Funding Formula Complies with ADA and RA

Pennsylvania Special Education Funding Formula Complies with ADA and RA

Date: Nov 6, 2013
Pennsylvania Special Education Funding Formula Complies with ADA and RA Introduction In Pennsyl v. NIA (734 F.3d 229, 3rd Cir. 2013), a class of parents of disabled students challenged the...
Affirmation of ACCA Enhancement in United States v. Conrad Clinton Blair

Affirmation of ACCA Enhancement in United States v. Conrad Clinton Blair

Date: Nov 5, 2013
Affirmation of ACCA Enhancement in United States v. Conrad Clinton Blair Introduction The case of United States v. Conrad Clinton Blair, adjudicated by the United States Court of Appeals for the...
Affirmation of Anders Motion: No Non-Frivolous Appellate Arguments in United States v. Tahn Le

Affirmation of Anders Motion: No Non-Frivolous Appellate Arguments in United States v. Tahn Le

Date: Oct 24, 2013
Affirmation of Anders Motion: No Non-Frivolous Appellate Arguments in United States v. Tahn Le Introduction In United States of America v. Tahn Le (542 F. App'x 108), the United States Court of...
Enforcing Exhaustion of Administrative Remedies under PLRA: Insights from Spencer v. Defendants

Enforcing Exhaustion of Administrative Remedies under PLRA: Insights from Spencer v. Defendants

Date: Oct 22, 2013
Enforcing Exhaustion of Administrative Remedies under PLRA: Insights from Spencer v. Defendants Introduction The case of Ravanna Spencer v. Sergeants Bush, Scoles, Vojacek, Varner, and Coleman (543...
Expanding FDCPA Protections in Bankruptcy Proceedings: An Analysis of Simon v. FIA Card Services, N.A. and Weinstein & Riley, P.S.

Expanding FDCPA Protections in Bankruptcy Proceedings: An Analysis of Simon v. FIA Card Services, N.A. and Weinstein & Riley, P.S.

Date: Oct 8, 2013
Expanding FDCPA Protections in Bankruptcy Proceedings: An Analysis of Simon v. FIA Card Services, N.A. and Weinstein & Riley, P.S. Introduction The case of Robert Maxwell Simon; Stacey Helene Simon,...
Reaffirming the Nexus Requirement in Witness Tampering: Insights from United States v. Willie Tyler

Reaffirming the Nexus Requirement in Witness Tampering: Insights from United States v. Willie Tyler

Date: Oct 4, 2013
Reaffirming the Nexus Requirement in Witness Tampering: Insights from United States v. Willie Tyler Introduction The case of United States of America v. Willie Tyler (732 F.3d 241) serves as a...
Standards for Granting Motions in Limine in Copyright Cases: Insights from Leonard v. Stemtech Health Sciences

Standards for Granting Motions in Limine in Copyright Cases: Insights from Leonard v. Stemtech Health Sciences

Date: Oct 4, 2013
Standards for Granting Motions in Limine in Copyright Cases: Insights from Leonard v. Stemtech Health Sciences Introduction The case Andrew Paul Leonard v. Stemtech Health Sciences, Inc., et al. (981...
Appellate Jurisdiction Over Remand Orders in ERISA Cases: Insights from Papotto v. Hartford Life & Accident Insurance Co.

Appellate Jurisdiction Over Remand Orders in ERISA Cases: Insights from Papotto v. Hartford Life & Accident Insurance Co.

Date: Sep 27, 2013
Appellate Jurisdiction Over Remand Orders in ERISA Cases: Insights from Papotto v. Hartford Life & Accident Insurance Co. Introduction The case of Lisa M. Papotto v. Hartford Life & Accident...
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