3d Circuit Case Commentaries

Third Circuit Upholds Summary Judgment in FDCPA Case: Non-Deceptive Use of Telephone Contact in Debt Collection

Date: Mar 17, 2021

Third Circuit Upholds Summary Judgment in FDCPA Case: Non-Deceptive Use of Telephone Contact in Debt Collection Introduction In the case of Candace Moyer v. Patenaude & Felix, A.P.C., adjudicated by...

ECOA's Non-Preemptive Stance on the Doctrine of Necessaries: Comprehensive Analysis of Terry L. Klotz v. CSW LLP

Date: Mar 17, 2021

ECOA's Non-Preemptive Stance on the Doctrine of Necessaries: Comprehensive Analysis of Terry L. Klotz v. CSW LLP Introduction The case of Terry L. Klotz v. Celentano Stadtmauer and Walentowicz LLP...

Recovery of Administrative Expenses under 11 U.S.C. §503(b)(1)(A): The Energy Future Holdings Case

Date: Mar 16, 2021

Recovery of Administrative Expenses under 11 U.S.C. §503(b)(1)(A): The Energy Future Holdings Case Introduction The case of In re: Energy Future Holdings Corp., aka TXU Corp. (990 F.3d 728) presents...

Third Circuit Reverses Economic Loss Doctrine Bar on UTPCPL Claims in Pennsylvania

Date: Mar 6, 2021

Third Circuit Reverses Economic Loss Doctrine Bar on UTPCPL Claims in Pennsylvania Introduction In the landmark case of Lisa Earl v. NVR, Inc., decided on March 5, 2021, the United States Court of...

Third Circuit Affirms Attempted Hobbs Act Robbery as a Crime of Violence under 18 U.S.C. § 924(c)

Date: Mar 6, 2021

Third Circuit Affirms Attempted Hobbs Act Robbery as a Crime of Violence under 18 U.S.C. § 924(c) Introduction In United States of America v. Marcus Walker, Appellant (990 F.3d 316), the United...

Third Circuit Establishes Employer Liability for Discriminatory Psychological Testing under ADA

Date: Mar 4, 2021

Third Circuit Establishes Employer Liability for Discriminatory Psychological Testing under ADA Introduction In the landmark case of Christopher Gibbs v. City of Pittsburgh, the United States Court...

Sunuwar v. Attorney General: Upholding Strict Adverse Credibility Standards in Immigration Law

Date: Feb 26, 2021

Sunuwar v. Attorney General: Upholding Strict Adverse Credibility Standards in Immigration Law Introduction In the case of Ashish Sunuwar v. Attorney General of the United States (989 F.3d 239), the...

Affirmation of Qualified Immunity and Discretionary Function Exception in Malicious Prosecution Claims

Date: Feb 12, 2021

Affirmation of Qualified Immunity and Discretionary Function Exception in Malicious Prosecution Claims Introduction The case of Elias Karkalas v. Linda Marks, Esquire; Kimberly Brill; United States...

Affirmation of Summary Judgment in Pretrial Confinement Conditions: Calvin Camps v. Philadelphia Officials

Date: Feb 5, 2021

Affirmation of Summary Judgment in Pretrial Confinement Conditions: Calvin Camps v. Philadelphia Officials Introduction Calvin Camps v. Louis Giorla, Commissioner of Philadelphia Prison System; John...

Significantly Younger Replacements: Establishing a Factual Basis in Age Discrimination Claims

Date: Jan 30, 2021

Significantly Younger Replacements: Establishing a Factual Basis in Age Discrimination Claims Introduction The case of Zeferino Martinez, M.D., Appellant v. UPMC Susquehanna delves into the...

Qualified Immunity Upholding Privacy Protections in Prison Disclosures

Date: Jan 29, 2021

Qualified Immunity Upholding Privacy Protections in Prison Disclosures Introduction In the case of Darren Eades v. John E. Wetzel, the appellant, Darren Eades, a prisoner at SCI-Smithfield,...

Revisiting AEDPA's Due Diligence: Insights from Bracey v. Superintendent Rockview SCI

Date: Jan 21, 2021

Revisiting AEDPA's Due Diligence: Insights from Bracey v. Superintendent Rockview SCI Introduction Bracey v. Superintendent Rockview SCI is a landmark decision by the United States Court of Appeals...

Affirmation of Standing Limitations Post-Janus: LaSpina v. SEIU Local 668

Date: Jan 16, 2021

Affirmation of Standing Limitations Post-Janus: LaSpina v. SEIU Local 668 Introduction The case of Bethany LaSpina v. SEIU Pennsylvania State Council et al. (985 F.3d 278, 3rd Cir. 2021) presents a...

Admissibility of Graphic Evidence in Conspiracy to Distribute Child Pornography: United States v. Heatherly and Staples

Date: Jan 15, 2021

Admissibility of Graphic Evidence in Conspiracy to Distribute Child Pornography: United States v. Heatherly and Staples Introduction The case of United States of America v. Dylan Heatherly and...

Clarifying Prosecution's Burden in Ambiguous Reporting Requirements: United States v. Harra et al.

Date: Jan 13, 2021

Clarifying Prosecution's Burden in Ambiguous Reporting Requirements: United States v. Harra et al. Introduction In United States v. Harra et al., 985 F.3d 196 (3d Cir. 2021), the United States Court...

Affirmation of Summary Judgment in Excessive Force Claims: Gibson v. Flemming

Date: Dec 31, 2020

Affirmation of Summary Judgment in Excessive Force Claims: Gibson v. Flemming Introduction Derrick Gibson v. Mary Flemming et al. is a significant case adjudicated by the United States Court of...

Insufficient Fingerprint Evidence Leads to Reversal of Robbery Conviction: Travillion v. Superintendent Rockview Sci; District Attorney Allegheny County

Date: Dec 16, 2020

Insufficient Fingerprint Evidence Leads to Reversal of Robbery Conviction: Travillion v. Superintendent Rockview Sci; District Attorney Allegheny County Introduction In the landmark case of...

Affirmation of Disability Benefits Denial Based on Substantial Evidence in Pearson v. Commissioner of Social Security

Date: Dec 3, 2020

Affirmation of Disability Benefits Denial Based on Substantial Evidence in Pearson v. Commissioner of Social Security Introduction In the case of Jeff S. Pearson v. Commissioner of Social Security,...

Knowledge of Felon Status: Third Circuit Upholds Drug Convictions, Vacates Felon-in-Possession Conviction in Light of Rehaif

Date: Dec 2, 2020

Knowledge of Felon Status: Third Circuit Upholds Drug Convictions, Vacates Felon-in-Possession Conviction in Light of Rehaif Introduction In the case of United States of America v. Malik Nasir, the...

Affirmation of Felon Disarmament under the Second Amendment: Folajtar v. Attorney General

Date: Nov 25, 2020

Affirmation of Felon Disarmament under the Second Amendment: Folajtar v. Attorney General Introduction The case of Lisa M. Folajtar v. Attorney General of the United States addresses a pivotal issue...