3d Circuit Case Commentaries

United States v. Mitchell: Affirming the Constitutionality of Pretrial DNA Collection under the Fourth Amendment

Date: Jul 26, 2011

United States v. Mitchell: Affirming the Constitutionality of Pretrial DNA Collection under the Fourth Amendment Introduction United States of America v. Ruben Mitchell (652 F.3d 387) is a...

Establishing Domicile in Diversity Jurisdiction: Insights from Gloria Washington v. Hovensa LLC & Triangle Construction

Date: Jul 22, 2011

Establishing Domicile in Diversity Jurisdiction: Insights from Gloria Washington v. Hovensa LLC & Triangle Construction Introduction The case of Gloria Washington, Appellant v. Hovensa LLC; Triangle...

Equitable Tolling and Confrontation Clause Protections in Joint Trials: An Analysis of Pabon v. Superintendent S.C.I. Mahonoy et al.

Date: Jul 13, 2011

Equitable Tolling and Confrontation Clause Protections in Joint Trials: An Analysis of Pabon v. Superintendent S.C.I. Mahonoy et al. Introduction Angel Pabon, the appellant, challenges the dismissal...

Sentencing Calculation Under 18 U.S.C. §3585(b): Analysis of George William Blood v. Warden B.A. Bledsoe

Date: Jul 13, 2011

Sentencing Calculation Under 18 U.S.C. §3585(b): Analysis of George William Blood v. Warden B.A. Bledsoe Introduction The case of George William Blood v. Warden B.A. Bledsoe, decided by the United...

Substantial Evidence Standard Reinforced in SSI Appeals: Joseph Brown v. Michael Astrue

Date: Jul 7, 2011

Substantial Evidence Standard Reinforced in SSI Appeals: Joseph Brown v. Michael Astrue Introduction In the landmark case Joseph Brown v. Michael Astrue, Commissioner of the Social Security...

Third Circuit Affirms Intrusion Upon Seclusion Claim in Academic Diversity Jurisdiction Case

Date: Jul 2, 2011

Third Circuit Affirms Intrusion Upon Seclusion Claim in Academic Diversity Jurisdiction Case Introduction In the case of Vamsidhar Reddy Vurimindi v. Fuqua School of Business et al., the United...

Third Circuit Upholds FCA Liability for Anti-Kickback Violations under Implied False Certification

Date: Jul 1, 2011

Third Circuit Upholds False Claims Act Liability for Anti-Kickback Violations under Implied False Certification 1. Introduction In the case of United States ex rel. Charles Wilkins; Daryl Willis v....

Joanne Trafton v. City of Woodbury: Clarifying Qualified Immunity and False Arrest Claims under Section 1983

Date: Jun 30, 2011

Joanne Trafton v. City of Woodbury: Clarifying Qualified Immunity and False Arrest Claims under Section 1983 Introduction Joanne Trafton filed a lawsuit against the City of Woodbury, the City of...

Retroactive Application of Padilla v. Kentucky: Implications for Ineffective Assistance of Counsel in Immigration Consequences

Date: Jun 30, 2011

Retroactive Application of Padilla v. Kentucky: Implications for Ineffective Assistance of Counsel in Immigration Consequences Introduction United States of America v. Gerald Orocio (645 F.3d 630) is...

HMTA Preemption Reinforced in Roth v. Norfalco LLC: A Comprehensive Analysis

Date: Jun 29, 2011

HMTA Preemption Reinforced in Roth v. Norfalco LLC: A Comprehensive Analysis Introduction Roth v. Norfalco LLC, adjudicated by the United States Court of Appeals for the Third Circuit on June 28,...

Affirmation of Summary Judgment in ADA Disability Discrimination Case: Employer Identification and Substantial Limitation Requirements

Date: Jun 29, 2011

Affirmation of Summary Judgment in ADA Disability Discrimination Case: Employer Identification and Substantial Limitation Requirements Introduction The case of John Bialko, Jr. v. The Quaker Oats...

Misleading Attorney Representation in Debt Collection Letters: Insights from Lesher v. Law Offices of Mitchell N. Kay, PC

Date: Jun 22, 2011

Misleading Attorney Representation in Debt Collection Letters: Insights from Lesher v. Law Offices of Mitchell N. Kay, PC Introduction The case of Darwin Lesher v. Law Offices of Mitchell N. Kay, PC...

Third Circuit Clarifies 'Prevailing Party' Standards under 42 U.S.C. §1988: Judicial Determination Needed for Attorney’s Fees

Date: Jun 16, 2011

Third Circuit Clarifies 'Prevailing Party' Standards under 42 U.S.C. §1988: Judicial Determination Needed for Attorney’s Fees Introduction In the case of Singer Management Consultants, Inc.; Live...

Expanded Interpretation of Copyright Management Information under DMCA §1202: Murphy v. Millennium Radio Group

Date: Jun 15, 2011

Expanded Interpretation of Copyright Management Information under DMCA §1202: Murphy v. Millennium Radio Group Introduction Peter Murphy, a professional photographer, initiated legal action against...

Reaffirming Illinois Brick: Indirect Purchasers Denied Antitrust Standing in WARREN GENERAL HOSPITAL v. AMGEN INC.

Date: Jun 15, 2011

Reaffirming Illinois Brick: Indirect Purchasers Denied Antitrust Standing in WARREN GENERAL HOSPITAL v. AMGEN INC. Introduction In the case of Warren General Hospital, Appellant v. Amgen Inc. (643...

Limitations on Supervisory Liability in Bivens Actions: Argueta v. ICE Commentary

Date: Jun 15, 2011

Limitations on Supervisory Liability in Bivens Actions: Argueta v. ICE Commentary Introduction In Maria Argueta; Walter Chavez; Ana Galindo; W.C. v. United States Immigration and Customs Enforcement...

Blue Mountain School District v. J.S.: Reconciling Student Free Speech with School Discipline in the Digital Age

Date: Jun 14, 2011

Blue Mountain School District v. J.S.: Reconciling Student Free Speech with School Discipline in the Digital Age Introduction In the case of J.S., a minor, through her parents; Terry Snyder; Steven...

Determining Review Standards for Benefits Denial under ERISA: Insights from Viera v. Life Insurance Company of North America

Date: Jun 11, 2011

Determining Review Standards for Benefits Denial under ERISA: Insights from Viera v. Life Insurance Company of North America Introduction The case of Hetty A. VIERA, as Executrix of the Estate of...

Zero Tolerance Policy and Discrimination Claims: Venter v. USPS

Date: May 28, 2011

Zero Tolerance Policy and Discrimination Claims: Venter v. USPS Introduction In the case of Olaf Venter v. John E. Potter, Postmaster General of the United States; United States Postal Service, the...

Total Disability Definition Ambiguity Resolved in Favor of Insured: Meyer v. CUNA Mutual Insurance

Date: May 27, 2011

Total Disability Definition Ambiguity Resolved in Favor of Insured: Meyer v. CUNA Mutual Insurance Introduction In the landmark case of James D. Meyer v. CUNA Mutual Insurance Society, adjudicated by...

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