3d Circuit Case Commentaries

Enhancing Misrepresentation Standards in Prison Grievance Processes: Hardy v. Shaikh

Date: May 21, 2020

Enhancing Misrepresentation Standards in Prison Grievance Processes: Insights from Hardy v. Shaikh Introduction The case of Steven Patrick Hardy v. Arif Shaikh et al., decided by the United States...

Reaffirming Article III Standing Requirements in Federal Intervention: Wayne Land v. Delaware River Basin Commission

Date: May 20, 2020

Reaffirming Article III Standing Requirements in Federal Intervention: Wayne Land v. Delaware River Basin Commission Introduction The case of Wayne Land and Mineral Group, LLC v. Delaware River Basin...

Enforceability of Arbitration Clauses in Car Rental Agreements: Insights from Bacon v. Avis Budget Group

Date: May 19, 2020

Enforceability of Arbitration Clauses in Car Rental Agreements: Insights from Bacon v. Avis Budget Group Introduction In the landmark case of Bacon et al. v. Avis Budget Group, Inc., the United...

TCPA Jurisprudence Expanded: Unsolicited Fax Advertisements in Market Research Surveys

Date: May 16, 2020

TCPA Jurisprudence Expanded: Unsolicited Fax Advertisements in Market Research Surveys Introduction The case of Dr. Richard E. Fischbein, Appellant v. Olson Research Group, Inc. et al. presents a...

Exhaustion of Administrative Remedies under the PLRA: Rhonshawn Jackson v. Defendants

Date: May 15, 2020

Exhaustion of Administrative Remedies under the PLRA: Rhonshawn Jackson v. Defendants Introduction The case of Rhonshawn Jackson v. Carter et al. was adjudicated by the United States Court of Appeals...

Affirmation and Vacatur in Prisoner's First Amendment Retaliation Claim: Palmore v. Hornberger

Date: May 13, 2020

Affirmation and Vacatur in Prisoner's First Amendment Retaliation Claim: Palmore v. Hornberger Introduction In the case of Darold Palmore v. Jeff Hornberger, Warden; David Sprankle, Deputy Warden;...

Affirmation of Summary Judgment in Coit v. Garman Establishes Rigorous Standards for Prisoner Claims Under 42 U.S.C. § 1983

Date: May 6, 2020

Affirmation of Summary Judgment in Coit v. Garman Establishes Rigorous Standards for Prisoner Claims Under 42 U.S.C. § 1983 Introduction In Kevin Coit v. Mr. Garman et al., the United States Court of...

Third Circuit Clarifies Admissibility of Overview Testimony and Upholds Asset Forfeiture in Fraud Convictions

Date: May 6, 2020

Third Circuit Clarifies Admissibility of Overview Testimony and Upholds Asset Forfeiture in Fraud Convictions Introduction In the consolidated appeal case of United States of America v. Adam Lacerda...

Ownership Not Required for Trade Secret Misappropriation Claims in Pennsylvania: Advanced Fluid Systems, Inc. v. Huber

Date: May 1, 2020

Ownership Not Required for Trade Secret Misappropriation Claims in Pennsylvania: Advanced Fluid Systems, Inc. v. Huber Introduction The case of Advanced Fluid Systems, Inc. v. Kevin Huber; Insysma...

Affirmation of District Court’s Dismissal of §1983 Claims Due to Insufficient Allegations

Date: Apr 30, 2020

Affirmation of District Court’s Dismissal of §1983 Claims Due to Insufficient Allegations Introduction The case of Anthony E. Proctor v. Various Defendants presents a critical examination of the...

Clear Delegation of Arbitrability in Franchise Agreements: Richardson & Silva v. Coverall North America

Date: Apr 29, 2020

Clear Delegation of Arbitrability in Franchise Agreements: Richardson & Silva v. Coverall North America Introduction In the case of Ericka Richardson and Luis A. Silva v. Coverall North America,...

Third Circuit Clarifies PLRA Strike Application in Eighth Amendment Claims: Dooley v. Wetzel et al.

Date: Apr 28, 2020

Third Circuit Clarifies PLRA Strike Application in Eighth Amendment Claims: Dooley v. Wetzel et al. Introduction The case of Casey Dooley, Appellant v. John Wetzel; Keven Kaufman; Richard A. Goss...

Establishing Jurisdiction Over Ineffective Assistance of Counsel Claims in Discretionary Immigration Relief Proceedings: Insights from Calderon-Rosas v. Attorney General

Date: Apr 28, 2020

Establishing Jurisdiction Over Ineffective Assistance of Counsel Claims in Discretionary Immigration Relief Proceedings: Insights from Calderon-Rosas v. Attorney General Introduction Calderon-Rosas...

Substantial Evidence Affirms DIB Denial; Death Certificate Found Non-Material

Date: Apr 25, 2020

Substantial Evidence Affirms DIB Denial; Death Certificate Found Non-Material Introduction In the case of Patricia Atkins, on behalf of Kimberly Michelle Atkins (Deceased) v. Commissioner of Social...

Affirmation of Summary Judgment in Employment Discrimination under NJLAD and 42 U.S.C. §1981: Ali v. Woodbridge Township School District

Date: Apr 23, 2020

Affirmation of Summary Judgment in Employment Discrimination under NJLAD and 42 U.S.C. §1981: Ali v. Woodbridge Township School District Introduction The case of Jason Mostafa Ali v. Woodbridge...

Rigorous Analysis Required for Class Certification in Antitrust Litigation: Insights from In re: Lamictal Direct Purchaser Antitrust Litigation

Date: Apr 23, 2020

Rigorous Analysis Required for Class Certification in Antitrust Litigation: Insights from In re: Lamictal Direct Purchaser Antitrust Litigation Introduction The In re: Lamictal Direct Purchaser...

Qualified Immunity Reinforced: Third Circuit Grants Immunity to State Trooper in Use of Deadly Force Case

Date: Apr 22, 2020

Qualified Immunity Reinforced: Third Circuit Grants Immunity to State Trooper in Use of Deadly Force Case Introduction The case of Arlane James et al. v. New Jersey State Police et al. presents a...

Immediate Appealability of Temporary Restraining Orders in Immigration Detention Amidst COVID-19: Analysis of Alger Francois v. Warden York County Prison et al.

Date: Apr 22, 2020

Immediate Appealability of Temporary Restraining Orders in Immigration Detention Amidst COVID-19: Analysis of Alger Francois v. Warden York County Prison et al. Introduction The case of Alger...

Expanding the Boundaries of Absolute Prosecutorial Immunity: Fogle v. Sokol

Date: Apr 21, 2020

Expanding the Boundaries of Absolute Prosecutorial Immunity: Fogle v. Sokol Introduction The case of Lewis James Fogle v. John Sokol et al. is a landmark decision from the United States Court of...

Recognition of Public Assisters Against Major Salvadoran Gangs as a Particular Social Group for Asylum Under INA

Date: Apr 18, 2020

Recognition of Public Assisters Against Major Salvadoran Gangs as a Particular Social Group for Asylum Under INA Introduction The case of Brayan Antonio Guzman Orellana v. Attorney General United...