3d Circuit Case Commentaries

Third Circuit Establishes SCA Non-Applicability to Private Employer’s Voluntary Email Disclosure

Date: Apr 17, 2020

Third Circuit Establishes SCA Non-Applicability to Private Employer’s Voluntary Email Disclosure Introduction In the landmark case of Carol Lee Walker v. Senior Deputy Brian T. Coffey, the United...

Affirmation of First Amendment Protections in Defamation Claims: McCafferty v. Newsweek Media Group

Date: Apr 15, 2020

Affirmation of First Amendment Protections in Defamation Claims: McCafferty v. Newsweek Media Group Introduction In McCafferty v. Newsweek Media Group, Ltd., the United States Court of Appeals for...

Substantial Evidence and Residual Functional Capacity in SSI Denials: Commentary on Louis v. Commissioner Social Security

Date: Apr 15, 2020

Substantial Evidence and Residual Functional Capacity in SSI Denials: Commentary on Louis v. Commissioner Social Security Introduction In the case of Barbara Louis v. Commissioner Social Security,...

Inadmissibility of Incorrect Career-Offender Designation under Advisory Sentencing Guidelines for Section 2255 Relief

Date: Apr 4, 2020

Inadmissibility of Incorrect Career-Offender Designation under Advisory Sentencing Guidelines for Section 2255 Relief Introduction United States of America v. Omar Sierre Folk is a pivotal 2020...

Affirmation of Conviction in U.S. v. Wayne A.G. James: Implications for Statute of Limitations and Jury Process

Date: Apr 4, 2020

Affirmation of Conviction in U.S. v. Wayne A.G. James: Implications for Statute of Limitations and Jury Process 1. Introduction The case of United States of America v. Wayne A.G. James (955 F.3d 336)...

Affirmation of Exhaustion Requirements for Compassionate Release Under 18 U.S.C § 3582(c)(1)(A): United States v. Raia

Date: Apr 3, 2020

Affirmation of Exhaustion Requirements for Compassionate Release Under 18 U.S.C § 3582(c)(1)(A): United States v. Raia Introduction In the landmark case United States of America v. Francis Raia (954...

Adjustments to Self-Surrender Dates During Health Emergencies: A Commentary on United States v. Roeder

Date: Apr 2, 2020

Adjustments to Self-Surrender Dates During Health Emergencies: A Commentary on United States v. Roeder Introduction In the landmark case United States of America v. Calvin Roeder, the United States...

Oral Debt Disputes Affirmed: Overruling Graziano in Riccio v. Sentry Credit, Inc.

Date: Mar 31, 2020

Oral Debt Disputes Affirmed: Overruling Graziano in Riccio v. Sentry Credit, Inc. Introduction In Maureen Riccio v. Sentry Credit, Inc.; John Does 1-25, the United States Court of Appeals for the...

Express Consent via Voluntary Fax Number Provision Satisfies TCPA Requirements for Solicited Fax Advertisements

Date: Mar 31, 2020

Express Consent via Voluntary Fax Number Provision Satisfies TCPA Requirements for Solicited Fax Advertisements Introduction In the digital era characterized by diverse communication channels,...

Third-Party Liability under TCPA for Unsolicited Fax Advertisements: Mauthe v. Spreemo

Date: Mar 26, 2020

Third-Party Liability under TCPA for Unsolicited Fax Advertisements: Mauthe v. Spreemo Introduction In Robert W. Mauthe M.D., P.C. v. Spreemo, Inc.; The Hartford Financial Services Group, the United...

Establishing Reliability of Anonymous 911 Tips and Classification of Prior Offenses as Crimes of Violence: United States v. McCants

Date: Mar 13, 2020

Establishing Reliability of Anonymous 911 Tips and Classification of Prior Offenses as Crimes of Violence: United States v. McCants Introduction In the case of United States of America v. Ibrahim...

Establishing Legal Falsity in FCA Hospice Care Claims: Druding v. Care Alternatives Decision

Date: Mar 5, 2020

Establishing Legal Falsity in FCA Hospice Care Claims: Druding v. Care Alternatives Decision Introduction In the landmark case of United States of America and State of New Jersey ex rel. Victoria...

Reclassifying Gig Economy Drivers: Ali Razak et al. v. Uber Technologies, Inc.

Date: Mar 4, 2020

Reclassifying Gig Economy Drivers: Ali Razak et al. v. Uber Technologies, Inc. Introduction The case Ali Razak; Kenan Sabani; Khaldoun Cherdoud, individually and on behalf of all others similarly...

Concrete and Menacing Threats as Past Persecution: Herrera-Reyes v. Attorney General

Date: Feb 29, 2020

Concrete and Menacing Threats as Past Persecution: Herrera-Reyes v. Attorney General Introduction Parties Involved: Petitioner: Jeydi L. Herrera-Reyes, a Nicaraguan national and active opponent of...

Abrogation of Orozco-Velasquez: Impact of Pereira on Notice to Appear in Immigration Law

Date: Feb 27, 2020

Abrogation of Orozco-Velasquez: Impact of Pereira on Notice to Appear in Immigration Law Introduction The case of Wilson N. Guadalupe v. Attorney General United States of America, decided by the...

Affirmation of Bankruptcy Court's Discharge of Latent Asbestos Claims under Chapter 11 with Due Process Protections

Date: Feb 19, 2020

Affirmation of Bankruptcy Court's Discharge of Latent Asbestos Claims under Chapter 11 with Due Process Protections Introduction The case of In re: Energy Future Holdings Corp., et al. (949 F.3d 806,...

Expanding Judicial Review in Immigration Law: Third Circuit’s Ruling in E.O.H.C. v. DHS

Date: Feb 14, 2020

Expanding Judicial Review in Immigration Law: Third Circuit’s Ruling in E.O.H.C. v. DHS Introduction The case of E.O.H.C.; M.S.H.S., a minor child, Appellants v. Secretary of the United States...

Strengthening Gatekeeping Standards for Expert Testimony in Eminent Domain Proceedings: UGI Sunbury LLC v. A Permanent Easement

Date: Feb 12, 2020

Strengthening Gatekeeping Standards for Expert Testimony in Eminent Domain Proceedings: UGI Sunbury LLC v. A Permanent Easement Introduction The case of UGI Sunbury LLC v. A Permanent Easement...

Affirmation of Denied Coram Nobis Petition Upholding Stringent Standards for Post-Conviction Relief

Date: Feb 11, 2020

Affirmation of Denied Coram Nobis Petition Upholding Stringent Standards for Post-Conviction Relief Introduction The case of Ravidath Ragbir v. United States of America, adjudicated by the United...

Bruton Revisited: Enhancing Confrontation Rights in Joint Trials

Date: Feb 8, 2020

Bruton Revisited: Enhancing Confrontation Rights in Joint Trials Introduction Arthur Johnson v. Superintendent Fayette Sci, 949 F.3d 791 (3d Cir. 2020), addresses significant concerns regarding the...