3d Circuit Case Commentaries

Philadelphia's Wage History Inquiry Ban Upheld Under First Amendment Protections

Date: Feb 7, 2020

Philadelphia's Wage History Inquiry Ban Upheld Under First Amendment Protections Introduction The case of Greater Philadelphia Chamber of Commerce et al. v. City of Philadelphia addressed the...

Deliberate Indifference in Prison Healthcare: Hayes v. SCI Greene

Date: Feb 5, 2020

Deliberate Indifference in Prison Healthcare: Hayes v. SCI Greene Introduction Hayes v. SCI Greene is a significant case decided by the United States Court of Appeals for the Third Circuit on...

Per-Count Special Assessment Under the Justice for Victims of Trafficking Act: Analysis of United States v. James Johnman, Jr.

Date: Jan 29, 2020

Per-Count Special Assessment Under the Justice for Victims of Trafficking Act: Analysis of United States v. James Johnman, Jr. Introduction In the appellate case titled United States of America v....

Exemption from Exhaustion Requirement for Appointments Clause Challenges in SSA Disability Claims

Date: Jan 24, 2020

Exemption from Exhaustion Requirement for Appointments Clause Challenges in SSA Disability Claims Introduction The case of Andrew M. Cirko, on behalf of Sandra L. Cirko, Deceased v. Commissioner of...

Interpretation of Dismissal Orders and Claim Preclusion: Papera v. Pennsylvania Quarried Bluestone Company

Date: Jan 23, 2020

Interpretation of Dismissal Orders and Claim Preclusion: Papera v. Pennsylvania Quarried Bluestone Company Introduction In Papera v. Pennsylvania Quarried Bluestone Company, the United States Court...

Third Circuit Upholds Firearm Possession Ban for Serious DUI Convictions

Date: Jan 18, 2020

Third Circuit Upholds Firearm Possession Ban for Serious DUI Convictions Introduction In the landmark case of Raymond Holloway, Jr. v. Attorney General United States of America, decided on January...

Affirmation of Non-Retroactivity of the First Step Act in United States v. Hodge

Date: Jan 18, 2020

Affirmation of Non-Retroactivity of the First Step Act in United States v. Hodge Introduction United States v. Richard Antonio Hodge, Jr., 948 F.3d 160 (3d Cir. 2020), represents a significant...

Affirmation of Non-Waiver of Personal Jurisdiction Defenses upon Removal to Federal Court

Date: Jan 16, 2020

Affirmation of Non-Waiver of Personal Jurisdiction Defenses upon Removal to Federal Court Introduction The case Danziger & De Llano, LLP v. Morgan Verkamp LLC addresses critical issues surrounding...

Affirming Partial Summary Judgment in Thomas v. Tice: Implications for Eighth Amendment Protections in Administrative Confinement

Date: Jan 16, 2020

Affirming Partial Summary Judgment in Thomas v. Tice: Implications for Eighth Amendment Protections in Administrative Confinement Introduction In the landmark case of Briaheen Thomas v. Deputy...

Affirmation of Summary Judgment in Durst v. City of Philadelphia: Establishing the Burden in Reverse Discrimination Claims

Date: Jan 15, 2020

Affirmation of Summary Judgment in Durst v. City of Philadelphia: Establishing the Burden in Reverse Discrimination Claims Introduction In the case of James Durst v. City of Philadelphia, adjudicated...

Affirmation of Excluding Mistake-of-Age Evidence under 18 U.S.C §2423(a) and §2251(a): U.S. v. Tyson Analysis

Date: Jan 15, 2020

Affirmation of Excluding Mistake-of-Age Evidence under 18 U.S.C §2423(a) and §2251(a): United States v. William M. Tyson Introduction The case of United States of America v. William M. Tyson revolves...

Nationwide Personal Jurisdiction under RICO: Clarifying Subsection (b) as the Governing Provision

Date: Jan 15, 2020

Nationwide Personal Jurisdiction under RICO: Clarifying Subsection (b) as the Governing Provision Introduction In the case of Laurel Gardens, LLC et al. v. Timothy McKenna et al. (948 F.3d 105, 3rd...

RICO Conspiracy and Extraterritorial Jurisdiction: Insights from United States v. Churuk and Botsvynyuk

Date: Jan 10, 2020

RICO Conspiracy and Extraterritorial Jurisdiction: Insights from United States v. Churuk and Botsvynyuk Introduction In the case of United States of America v. Yaroslav Churuk and Mykhaylo...

Enhanced Guidelines Interpretation in US v. Bell: Physical Restraint Reversed

Date: Jan 8, 2020

Enhanced Guidelines Interpretation in US v. Bell: Physical Restraint Reversed Introduction In the case of United States of America v. Marquise Bell (947 F.3d 49, Third Circuit, 2020), the appellant,...

Affirmation of Dismissal in Title VII Claims Under RLA Framework: Hukman v. American Airlines

Date: Jan 1, 2020

Affirmation of Dismissal in Title VII Claims Under RLA Framework: Hukman v. American Airlines Introduction The case of Sheida Hukman v. American Airlines, Inc., f/k/a US Airways was adjudicated by...

Enhanced Scrutiny for Class Certification: Third Circuit Reverses District Court in American Airlines Overtime Wage Case

Date: Dec 25, 2019

Enhanced Scrutiny for Class Certification: Third Circuit Reverses District Court in American Airlines Overtime Wage Case Introduction In the landmark case Daniel Ferreras et al. v. American Airlines,...

Tolling of Statute of Limitations for §1983 Claims by Former Prisoners: Insights from Jones v. Unknown D.O.C. Bus Driver

Date: Dec 14, 2019

Tolling of Statute of Limitations for §1983 Claims by Former Prisoners: Insights from Jones v. Unknown D.O.C. Bus Driver Introduction The case of William R. Jones v. Unknown D.O.C. Bus Driver and...

Third Circuit Establishes Flexible Framework for In Forma Pauperis Applications under PLRA in Brown v. Sage

Date: Oct 31, 2019

Third Circuit Establishes Flexible Framework for In Forma Pauperis Applications under PLRA in Brown v. Sage Introduction The case of Joseph A. Brown v. Dr. Sage et al., adjudicated by the United...

Affirmation of Denial for Compassionate Release Under 18 U.S.C. § 3582(c)(1)(A)(i) – United States v. Handerhan

Date: Oct 5, 2019

Affirmation of Denial for Compassionate Release Under 18 U.S.C. § 3582(c)(1)(A)(i) – United States v. Handerhan Introduction United States of America v. Blaine R. Handerhan is a non-precedential...

Presumption of Probable Cause in Malicious Prosecution: Costino v. Anderson

Date: Oct 5, 2019

Presumption of Probable Cause in Malicious Prosecution: Costino v. Anderson Introduction In the case of John G. Costino v. Police Officer Tonya Anderson and others, the United States Court of Appeals...