3d Circuit Case Commentaries

Affirmation of New Jersey's 'Justifiable Need' Standard under the Second Amendment

Date: Aug 1, 2013

Affirmation of New Jersey's 'Justifiable Need' Standard under the Second Amendment Introduction In the landmark case of John M. Drake et al. v. The Hon. Rudolph A. Filko et al., decided by the United...

Transportation Search Exception: Enhancing Officer Safety in Public Arrests

Date: Jul 26, 2013

Transportation Search Exception: Enhancing Officer Safety in Public Arrests Introduction United States of America v. Michael Matthews, 532 F. App'x 211 (3rd Cir. 2013), serves as a pivotal case in...

Upholding Medical Expertise in Residual Functional Capacity Assessments: The Biller v. Colvin Precedent

Date: Jul 25, 2013

Upholding Medical Expertise in Residual Functional Capacity Assessments: The Biller v. Colvin Precedent Introduction In Cindy L. Biller v. Carolyn W. Colvin, 962 F. Supp. 2d 761 (2013), the United...

Establishing Causal Link for Individual Liability in First Amendment Retaliation Cases: Watson v. Borough of Susquehanna

Date: Jul 24, 2013

Establishing Causal Link for Individual Liability in First Amendment Retaliation Cases: Watson v. Borough of Susquehanna Introduction The case of Laura Watson v. Borough of Susquehanna addresses...

Mylan Inc. v. GSK: Court Reverses Summary Judgment on Breach of Contract in Pharmaceutical Licensing Agreement

Date: Jul 23, 2013

Mylan Inc. v. GSK: Court Reverses Summary Judgment on Breach of Contract in Pharmaceutical Licensing Agreement Introduction The case of Mylan Inc.; Mylan Pharmaceuticals Inc. v. SmithKline Beecham...

Affirmation of District Court's Remand Order Based on Local Controversy Exception Under CAFA

Date: Jul 17, 2013

Affirmation of District Court's Remand Order Based on Local Controversy Exception Under CAFA Introduction In the case of Jeffry S. Vodenichar; Da v. David M. King, Jr. and Leigh V. King, husband and...

Third Circuit Recognizes Vessel Owners as Beneficiaries of Safe Berth Warranties – Frescati Shipping Case

Date: Jul 13, 2013

Third Circuit Recognizes Vessel Owners as Beneficiaries of Safe Berth Warranties – Frescati Shipping Case Introduction In the landmark case of In re Petition of Frescati Shipping Company, Ltd., the...

Affirmation of Insider Trading Sentence: Clarifying Gain Attribution Under U.S.S.G. §2B1.4

Date: Jul 10, 2013

Affirmation of Insider Trading Sentence: Clarifying Gain Attribution Under U.S.S.G. §2B1.4 Introduction The case of United States of America v. Matthew Kluger, adjudicated in the United States Court...

Affirmation of Dismissal in §1983 Medical Negligence Claims: Positano v. Wetzel

Date: Jul 9, 2013

Affirmation of Dismissal in §1983 Medical Negligence Claims: Positano v. Wetzel Introduction In the case of Onofrio Positano v. John Wetzel, decided by the United States Court of Appeals for the...

Third Circuit Clarifies Class Action Status Under CAFA: Erie Insurance Exchange v. Sullivan

Date: Jun 29, 2013

Third Circuit Clarifies Class Action Status Under CAFA: Erie Insurance Exchange v. Sullivan Introduction The case of Erie Insurance Exchange, an unincorporated association; Joseph S. Sullivan; Anita...

Affirmation of No Constitutional Duty of Public Schools to Protect Students from Peer Abuse: Morrow v. Balaski

Date: Jun 15, 2013

Affirmation of No Constitutional Duty of Public Schools to Protect Students from Peer Abuse: Morrow v. Balaski Introduction The case of Brittany Morrow et al. v. Barry Balaski et al., decided by the...

Deprivation of Rights Under Color of Law: Eighth and First Amendment Implications

Date: Jun 13, 2013

Deprivation of Rights Under Color of Law: Eighth and First Amendment Implications Introduction In the case of Thurman Mearin and Nathan Riley v. Carla Swartz et al., the United States District Court...

Diversity Jurisdiction and Corporate Citizenship: Upholding Principal Place of Business in Johnson v. Smithkline Beecham Corp.

Date: Jun 8, 2013

Diversity Jurisdiction and Corporate Citizenship: Upholding Principal Place of Business in Johnson v. Smithkline Beecham Corp. Introduction In Johnson v. SmithKline Beecham Corporation et al., the...

3rd Circuit Clarifies Standards for Compelling Arbitration in Disputed Agreements

Date: May 29, 2013

3rd Circuit Clarifies Standards for Compelling Arbitration in Disputed Agreements Introduction In the landmark case of Dawn Guidotti, on behalf of herself and all other class members similarly...

Impact on Honest Services Fraud and Judicial Impartiality: Analysis of United States v. Mark Ciavarella, Jr.

Date: May 25, 2013

Impact on Honest Services Fraud and Judicial Impartiality: Analysis of United States v. Mark Ciavarella, Jr. Introduction The case of United States of America v. Mark Ciavarella, Jr. (716 F.3d 705)...

Preserving Procedural Objections in Sentencing: The Flores–Mejia Rule in the Third Circuit

Date: May 11, 2013

Preserving Procedural Objections in Sentencing: The Flores–Mejia Rule in the Third Circuit Introduction In United States v. Flores–Mejia, the United States Court of Appeals for the Third Circuit...

Application of Federal Rule of Civil Procedure 41(b) in Dismissal for Failure to Prosecute: Analysis of Helen Baker v. Accounts Receivables Management, Inc.

Date: May 4, 2013

Application of Federal Rule of Civil Procedure 41(b) in Dismissal for Failure to Prosecute: Analysis of Helen Baker v. Accounts Receivables Management, Inc. Introduction The case of Helen Baker v....

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