3d Circuit Case Commentaries

Third Circuit Affirms Eleventh Amendment Immunity and Strict Criteria for Malicious Prosecution Claims: Ra-King Allen v. New Jersey State Police

Date: Sep 10, 2020

Third Circuit Affirms Eleventh Amendment Immunity and Strict Criteria for Malicious Prosecution Claims: Ra-King Allen v. New Jersey State Police Introduction Ra-King Allen v. New Jersey State Police...

Third Circuit Upholds Reasonableness of Lethal Force Against Pets Under Fourth Amendment

Date: Sep 10, 2020

Third Circuit Upholds Reasonableness of Lethal Force Against Pets Under Fourth Amendment Introduction The case of Jeffrey W. Bletz, personally, and as the guardian of DJF, a minor; Lindsey J. Bletz...

Enhanced Ascertainability Standards for Class Certification in Employment Misclassification Cases

Date: Sep 10, 2020

Enhanced Ascertainability Standards for Class Certification in Employment Misclassification Cases Introduction In the landmark case Hargrove v. Sleepy's LLC, 974 F.3d 467 (3d Cir. 2020), the United...

Geness v. Administrative Office of Pennsylvania Courts: Affirming Sovereign Immunity under ADA and the Fourteenth Amendment

Date: Sep 9, 2020

Geness v. Administrative Office of Pennsylvania Courts: Affirming Sovereign Immunity under ADA and the Fourteenth Amendment Introduction The case of Craig A. Geness v. Administrative Office of...

Interpretation of 18 U.S.C. § 1546(a) Limited to Written Statements in Immigration Fraud: Analysis of United States v. Mohammed Jabateh

Date: Sep 9, 2020

Interpretation of 18 U.S.C. § 1546(a) Limited to Written Statements in Immigration Fraud: Analysis of United States v. Mohammed Jabateh Introduction In United States of America v. Mohammed Jabateh...

First-to-File Bar Under the False Claims Act is Non-Jurisdictional: A Comprehensive Analysis of In re Plavix Marketing Litigation

Date: Sep 2, 2020

First-to-File Bar Under the False Claims Act is Non-Jurisdictional: A Comprehensive Analysis of In re Plavix Marketing Litigation Introduction The case of In re: Plavix Marketing, Sales Practices and...

Third Circuit Recognizes Procedural Due Process Rights Against Indefinite Solitary Confinement for Death Row Inmates with Stayed Vacatur Orders

Date: Sep 2, 2020

Third Circuit Recognizes Procedural Due Process Rights Against Indefinite Solitary Confinement for Death Row Inmates with Stayed Vacatur Orders Introduction The case of Ernest Porter v. Pennsylvania...

Third Circuit Establishes First Amendment Limits on 18 U.S.C. §§2257 & 2257A for Adult Content Producers

Date: Sep 2, 2020

Third Circuit Establishes First Amendment Limits on 18 U.S.C. §§2257 & 2257A for Adult Content Producers Case: Free Speech Coalition, Inc. et al. v. Attorney General, United States Court of Appeals...

Equal Protection and Probable Cause: Harvard v. Cesnalis Establishes New Precedents

Date: Sep 2, 2020

Equal Protection and Probable Cause: Harvard v. Cesnalis Establishes New Precedents Introduction The case of Dwayne Harvard v. Christopher J. Cesnalis; Daniel L. Beatty, 973 F.3d 190 (3d Cir. 2020),...

Establishing the Good Faith Defense Under §1983 for Union-Based Fair-Share Fee Collection

Date: Aug 29, 2020

Establishing the Good Faith Defense Under §1983 for Union-Based Fair-Share Fee Collection Introduction The case of Arthur Diamond et al. v. Service Employees International Union Local 668 addressed...

Noerr-Pennington Immunity and Standard of Proof in §1983 Civil Rights Claims

Date: Aug 28, 2020

Noerr-Pennington Immunity and Standard of Proof in §1983 Civil Rights Claims Introduction The case of Simon Campbell; Pennsylvanians for Union Reform v. Pennsylvania School Boards Association...

Impeachment of Compelled Psychiatric Statements Under the Fifth Amendment: Third Circuit Affirms

Date: Aug 27, 2020

Impeachment of Compelled Psychiatric Statements Under the Fifth Amendment: Third Circuit Affirms Introduction In the case of Adam Rosen v. Superintendent Mahanoy SCI; Attorney General of the...

Limits on Prosecutorial Immunity: Insights from Crystal Dawn Weimer v. County of Fayette

Date: Aug 26, 2020

Limits on Prosecutorial Immunity: Insights from Crystal Dawn Weimer v. County of Fayette Introduction The case of Crystal Dawn Weimer v. County of Fayette represents a significant development in the...

Third Circuit Upholds Substantial Evidence Standard in Reasonable Fear Determinations: Romero v. Attorney General

Date: Aug 26, 2020

Third Circuit Upholds Substantial Evidence Standard in Reasonable Fear Determinations: Romero v. Attorney General Introduction David Castillo Romero v. Attorney General of the United States (972 F.3d...

Mandatory Preliminary Injunctions for Immigration Detainees During COVID-19: Procedural and Substantive Due Process Considerations

Date: Aug 26, 2020

Mandatory Preliminary Injunctions for Immigration Detainees During COVID-19: Procedural and Substantive Due Process Considerations Introduction The case of Aarón Hope et al. v. Warden York County...

Third Circuit Establishes Clear Standards for Qualified Immunity in Civil Rights Claims

Date: Aug 25, 2020

Third Circuit Establishes Clear Standards for Qualified Immunity in Civil Rights Claims Introduction The case of Crystal Starnes v. Butler County Court of Common Pleas has set a pivotal precedent in...

Mario Abreu v. Superintendent Smithfield Science: Establishing Mootness in Habeas Corpus Petitions with Conflicting Convictions

Date: Aug 20, 2020

Mario Abreu v. Superintendent Smithfield Science: Establishing Mootness in Habeas Corpus Petitions with Conflicting Convictions Introduction The case of Mario Abreu v. Superintendent Smithfield...

Affirmation of Enhanced Sentencing in Child Pornography Case: U.S. v. Seibert

Date: Aug 20, 2020

Affirmation of Enhanced Sentencing in Child Pornography Case: U.S. v. Seibert Introduction In the landmark case United States of America v. Michael W. Seibert, Jr., the United States Court of Appeals...

Categorical Approach Limitation in Aggravated Felony Determination: Nelida Beatriz Cabeda v. Attorney General of the United States

Date: Aug 19, 2020

Categorical Approach Limitation in Aggravated Felony Determination: Nelida Beatriz Cabeda v. Attorney General of the United States Introduction The case of Nelida Beatriz Cabeda versus the Attorney...

Third Circuit Affirms Rule 16(b)(4) Supremacy Over Rule 15(a) in Amendment Motions Post Scheduling Order Deadline

Date: Aug 13, 2020

Third Circuit Affirms Rule 16(b)(4) Supremacy Over Rule 15(a) in Amendment Motions Post Scheduling Order Deadline Introduction The case of Premier Comp Solutions, LLC v. UPMC (970 F.3d 316) involves...