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  • Commentaries
  • Judgments

3d Circuit Case Commentaries

Ensuring Quality of Care in Medicaid Reimbursement: A Comprehensive Analysis of Christ the King Manor, Inc. v. HHS Third Circuit Decision

Ensuring Quality of Care in Medicaid Reimbursement: A Comprehensive Analysis of Christ the King Manor, Inc. v. HHS Third Circuit Decision

Date: Sep 20, 2013
Ensuring Quality of Care in Medicaid Reimbursement: A Comprehensive Analysis of Christ the King Manor, Inc. v. HHS Third Circuit Decision Introduction The case of Christ the King Manor, Inc. et al....
Third Circuit Upholds PASPA and Establishes Standing for Major Sports Leagues

Third Circuit Upholds PASPA and Establishes Standing for Major Sports Leagues

Date: Sep 18, 2013
Third Circuit Upholds PASPA and Establishes Standing for Major Sports Leagues Introduction The case of National Collegiate Athletic Association, et al. v. Governor of the State of New Jersey examines...
Exhaustion of Administrative Remedies in Federal Employment Discrimination Cases: Insights from Slingland v. Donahoe

Exhaustion of Administrative Remedies in Federal Employment Discrimination Cases: Insights from Slingland v. Donahoe

Date: Sep 13, 2013
Exhaustion of Administrative Remedies in Federal Employment Discrimination Cases: Insights from Slingland v. Donahoe Introduction Slingland v. Donahoe is a significant case adjudicated by the United...
Third Circuit Affirms: Misidentification as Disabled Does Not Entitle to IDEA Relief

Third Circuit Affirms: Misidentification as Disabled Does Not Entitle to IDEA Relief

Date: Sep 6, 2013
Third Circuit Affirms: Misidentification as Disabled Does Not Entitle to IDEA Relief Introduction In the landmark case of S.H. et al. v. Lower Merion School District (729 F.3d 248, 3rd Cir. 2013),...
Expanding the Scope of "Recovery of Damages" in Patent Assignment Agreements: Insights from G. Da v. d JANG, M.D.

Expanding the Scope of "Recovery of Damages" in Patent Assignment Agreements: Insights from G. Da v. d JANG, M.D.

Date: Sep 6, 2013
Expanding the Scope of "Recovery of Damages" in Patent Assignment Agreements: Insights from G. Da v. d JANG, M.D. Introduction The legal landscape of patent assignment agreements often revolves...
Third Circuit Establishes Finality of Collective Action Decertifications under FLSA

Third Circuit Establishes Finality of Collective Action Decertifications under FLSA

Date: Sep 5, 2013
Third Circuit Establishes Finality of Collective Action Decertifications under FLSA Introduction In the consolidated appeal of Camesi et al. v. University of Pittsburgh Medical Center et al. (Nos....
Exhaustion of Administrative Remedies: Judge-Determined Issues in PLRA Cases – Small v. Camden County

Exhaustion of Administrative Remedies: Judge-Determined Issues in PLRA Cases – Small v. Camden County

Date: Aug 27, 2013
Exhaustion of Administrative Remedies: Judge-Determined Issues in PLRA Cases – Small v. Camden County Introduction In the landmark case of Robert L. Small v. Camden County, adjudicated by the United...
Affirmation of FCA Public Disclosure Bar and Original Source Requirement in Qui Tam Actions

Affirmation of FCA Public Disclosure Bar and Original Source Requirement in Qui Tam Actions

Date: Aug 27, 2013
Affirmation of FCA Public Disclosure Bar and Original Source Requirement in Qui Tam Actions Introduction The case of UNITED STATES of America ex rel. Thomas M. ZIZIC, M.D. v. Q2Administrators, LLC...
State-Created Danger Requires Direct Causation: Third Circuit Sets Standards in Section 8 Housing Case

State-Created Danger Requires Direct Causation: Third Circuit Sets Standards in Section 8 Housing Case

Date: Aug 24, 2013
State-Created Danger Requires Direct Causation: Third Circuit Sets Standards in Section 8 Housing Case Introduction In Henry v. City of Erie, 728 F.3d 275 (3d Cir. 2013), the United States Court of...
Establishing Consumer's Right to Revoke Prior Express Consent Under TCPA: Gager v. Dell Financial Services

Establishing Consumer's Right to Revoke Prior Express Consent Under TCPA: Gager v. Dell Financial Services

Date: Aug 23, 2013
Establishing Consumer's Right to Revoke Prior Express Consent Under TCPA: Gager v. Dell Financial Services Introduction In the landmark case Ashley Gager, Appellant v. Dell Financial Services, LLC,...
Ascertainability Standards in Class Actions: Carrera v. Bayer Corporation

Ascertainability Standards in Class Actions: Carrera v. Bayer Corporation

Date: Aug 22, 2013
Ascertainability Standards in Class Actions: Carrera v. Bayer Corporation Introduction The case of Gabriel Joseph Carrera, on behalf of himself and all others similarly situated v. Bayer Corporation;...
Contribution Claims under CERCLA § 113(f)(3)(B) Following State-Law Settlements

Contribution Claims under CERCLA § 113(f)(3)(B) Following State-Law Settlements

Date: Aug 21, 2013
Contribution Claims under CERCLA § 113(f)(3)(B) Following State-Law Settlements Introduction The case of Trinity Industries, Inc. and Trinity Industries Railcar Corporation v. Chicago Bridge & Iron...
Commonality in Class Action Settlements: Insights from Rodriguez v. National City Bank

Commonality in Class Action Settlements: Insights from Rodriguez v. National City Bank

Date: Aug 13, 2013
Commonality in Class Action Settlements: Insights from Rodriguez v. National City Bank Introduction Rodriguez v. National City Bank, 726 F.3d 372 (3rd Cir. 2013), is a pivotal case that underscores...
Admissibility of Prior Possession Convictions in Drug Distribution Cases: United States v. Davis

Admissibility of Prior Possession Convictions in Drug Distribution Cases: United States v. Davis

Date: Aug 10, 2013
Admissibility of Prior Possession Convictions in Drug Distribution Cases: United States v. Davis Introduction United States v. Terrell Davis is a pivotal case decided by the United States Court of...
Third Circuit Establishes Guidelines for Counting Strikes under PLRA's Three Strikes Rule – BALL v. FAMIGLIO et al.

Third Circuit Establishes Guidelines for Counting Strikes under PLRA's Three Strikes Rule – BALL v. FAMIGLIO et al.

Date: Aug 10, 2013
Third Circuit Establishes Guidelines for Counting Strikes under PLRA's Three Strikes Rule – BALL v. FAMIGLIO et al. Introduction In the landmark case of BALL v. FAMIGLIO et al., adjudicated by the...
Enhanced Survivors' Benefits Under the Black Lung Benefits Act: Insights from Marmon Coal Co. v. DOL

Enhanced Survivors' Benefits Under the Black Lung Benefits Act: Insights from Marmon Coal Co. v. DOL

Date: Aug 9, 2013
Enhanced Survivors' Benefits Under the Black Lung Benefits Act: Insights from Marmon Coal Co. v. DOL Introduction The case of Marmon Coal Company; International Business and Mercantile Reassurance...
Third Circuit Reaffirms Deferential Standard for Sufficiency of Evidence in Drug Conspiracy Cases

Third Circuit Reaffirms Deferential Standard for Sufficiency of Evidence in Drug Conspiracy Cases

Date: Aug 9, 2013
Third Circuit Reaffirms Deferential Standard for Sufficiency of Evidence in Drug Conspiracy Cases Introduction In United States v. Richard Caraballo-Rodriguez, the United States Court of Appeals for...
Third Circuit Establishes Guidelines for ERISA Fiduciary Duties in Retained Asset Account Usage

Third Circuit Establishes Guidelines for ERISA Fiduciary Duties in Retained Asset Account Usage

Date: Aug 8, 2013
Third Circuit Establishes Guidelines for ERISA Fiduciary Duties in Retained Asset Account Usage Introduction In the landmark case of Connie J. Edmonson, individually and on behalf of all others...
Reinforcing Class Certification Standards: Hayes v. Wal-Mart Stores, Inc.

Reinforcing Class Certification Standards: Hayes v. Wal-Mart Stores, Inc.

Date: Aug 3, 2013
Reinforcing Class Certification Standards: Hayes v. Wal-Mart Stores, Inc. Introduction In Hayes v. Wal-Mart Stores, Inc., the United States Court of Appeals for the Third Circuit addressed critical...
Exorbitant Application of Procedural Default in Randall Shotts v. John Wetzel

Exorbitant Application of Procedural Default in Randall Shotts v. John Wetzel

Date: Aug 1, 2013
Exorbitant Application of Procedural Default in Randall Shotts v. John Wetzel Introduction The case of Randall Shotts v. John Wetzel, Secretary PA Doc; The Attorney General of the State of...
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