3d Circuit Case Commentaries

Affirmation of Death Sentence in United States of America v. Kaboni Savage Establishes Rigorous Standards for Capital Punishment Cases

Date: Aug 12, 2020

Affirmation of Death Sentence in United States of America v. Kaboni Savage Establishes Rigorous Standards for Capital Punishment Cases Introduction United States of America v. Kaboni Savage is a...

Affirmation of Summary Judgment in Disability Discrimination and Retaliation Case: Wright v. Providence Care Center

Date: Aug 11, 2020

Affirmation of Summary Judgment in Disability Discrimination and Retaliation Case: Wright v. Providence Care Center Introduction In the case of Shawanna Wright v. Providence Care Center, LLC, the...

Third Circuit Establishes New Precedent on Title IX 'Appropriate Person' Standard

Date: Aug 6, 2020

Third Circuit Establishes New Precedent on Title IX 'Appropriate Person' Standard Introduction The case of M.S., a minor, by and through her mother Paris Hall; PARIS HALL, individual versus...

Third Circuit Resists Bivens Expansion for First Amendment Claims in Prison Context

Date: Aug 5, 2020

Third Circuit Resists Bivens Expansion for First Amendment Claims in Prison Context Introduction In the landmark case Mack v. Yost et al., the United States Court of Appeals for the Third Circuit...

Separation of Bankruptcy Code Standing and Constitutional Standing: Insights from In re Wilton Armétale, Inc.

Date: Aug 5, 2020

Separation of Bankruptcy Code Standing and Constitutional Standing: Insights from In re Wilton Armétale, Inc. Introduction The case of In re: Wilton Armétale, Inc., a/k/a Wapita, Inc., Debtor...

Exemption from Administrative Exhaustion under PLRA in Medical Negligence Claims: Downey v. Pennsylvania Dept. of Corrections

Date: Aug 4, 2020

Exemption from Administrative Exhaustion under PLRA in Medical Negligence Claims: Downey v. Pennsylvania Dept. of Corrections Introduction Robert Downey v. Pennsylvania Department of Corrections is a...

Third Circuit Upholds ADA Protections: Establishing Precedent for Disability Accommodations in Professional Licensing Exams

Date: Aug 1, 2020

Third Circuit Upholds ADA Protections: Establishing Precedent for Disability Accommodations in Professional Licensing Exams Introduction In the landmark case Jessica Ramsay v. National Board of...

Sherwin-Williams Co. v. County of Delaware: Reinforcing Article III Standing Requirements in Preemptive Litigation

Date: Aug 1, 2020

Sherwin-Williams Co. v. County of Delaware: Reinforcing Article III Standing Requirements in Preemptive Litigation Introduction The case of Sherwin-Williams Company v. County of Delaware examines the...

Affirmation of Class Certification in Antitrust Litigation: Indivior’s Strategies to Suppress Generic Competition

Date: Jul 29, 2020

Affirmation of Class Certification in Antitrust Litigation: Indivior’s Strategies to Suppress Generic Competition Introduction The United States Court of Appeals for the Third Circuit rendered a...

Broadening the Scope of Past Persecution in Asylum Claims: Blanco v. Attorney General, Third Circuit

Date: Jul 25, 2020

Broadening the Scope of Past Persecution in Asylum Claims: Blanco v. Attorney General, Third Circuit Introduction Blanco v. Attorney General, 967 F.3d 304 (3d Cir. 2020), marks a significant...

Strengthening Qualified Immunity Review: Insights from Williams v. City of York

Date: Jul 25, 2020

Strengthening Qualified Immunity Review: Insights from Williams v. City of York Introduction Willashia Williams filed a lawsuit against the City of York, Pennsylvania and three of its police...

Establishing Proximate Causation in Civil RICO Claims: St. Luke's Health Network v. Lancaster General Hospital

Date: Jul 23, 2020

Establishing Proximate Causation in Civil RICO Claims: St. Luke's Health Network v. Lancaster General Hospital Introduction St. Luke's Health Network, Inc., DBA St. Luke's University Health Network...

Interpretation of "Covered Offense" Under the First Step Act in United States v. Jamell Birt

Date: Jul 21, 2020

Interpretation of "Covered Offense" Under the First Step Act in United States v. Jamell Birt Introduction United States v. Jamell Birt is a pivotal case decided by the United States Court of Appeals...

ERISA Preemption and Out-of-Network Provider Remedies: Insights from The Plastic Surgery Center, P.A. v. Aetna Life Insurance Company

Date: Jul 18, 2020

ERISA Preemption and Out-of-Network Provider Remedies: Insights from The Plastic Surgery Center, P.A. v. Aetna Life Insurance Company Introduction The case of The Plastic Surgery Center, P.A. v....

Article III Standing Affirmed for Confirming Arbitration Awards under FAA § 9: Teamsters Local 177 v. UPS

Date: Jul 17, 2020

Article III Standing Affirmed for Confirming Arbitration Awards under FAA § 9: Teamsters Local 177 v. UPS Introduction The case of Teamsters Local Union No. 177 v. United Parcel Service, Inc....

Unenforceability of Arbitration Agreements Limiting Claims to Tribal Law: Williams v. Red Stone Inc.

Date: Jul 15, 2020

Unenforceability of Arbitration Agreements Limiting Claims to Tribal Law: Williams v. Red Stone Inc. Introduction In the landmark case of Christina Williams and Michael Stermel v. Red Stone, Inc.,...

Third Circuit Reverses Dismissal of Private and Public Nuisance Claims in Environmental Class Action: Baptiste v. Bethlehem Landfill

Date: Jul 14, 2020

Third Circuit Reverses Dismissal of Private and Public Nuisance Claims in Environmental Class Action: Baptiste v. Bethlehem Landfill Introduction In the landmark case of Robin Baptiste; Dexter...

Extended Mattress Deprivation Constitutes Eighth Amendment Violation

Date: Jul 9, 2020

Extended Mattress Deprivation Constitutes Eighth Amendment Violation Introduction In the case of Tabu N. McClure v. Commissioner Jeffrey T. Haste et al., the United States Court of Appeals for the...

Exhaustion of Administrative Remedies in First Amendment Retaliation Claims: Insights from Sears v. McCoy

Date: Jul 9, 2020

Exhaustion of Administrative Remedies in First Amendment Retaliation Claims: Insights from Sears v. McCoy Introduction The case of Richard Sears v. Dante McCoy et al. was adjudicated by the United...

Private Attorneys as Non-State Actors under 42 U.S.C. § 1983: Insights from Vaughn v. Markey

Date: Jul 8, 2020

Private Attorneys as Non-State Actors under 42 U.S.C. § 1983: Insights from Vaughn v. Markey Introduction In the case of Doug Vaughn v. Nina K. Markey, Esq.; Martha J. Keon, Esq.; Littler, Mendelson,...