3d Circuit Case Commentaries

Third Circuit Limits Rooker-Feldman and Younger Doctrines in Federal Review of Active Family Court Cases

Date: Sep 19, 2019

Third Circuit Limits Rooker-Feldman and Younger Doctrines in Federal Review of Active Family Court Cases Introduction The case of Surender Malhan et al. v. Secretary of the United States Department...

Finality and Appellate Jurisdiction Reinforced in Amy Weber v. Dually

Date: Sep 13, 2019

Finality and Appellate Jurisdiction Reinforced in Amy Weber v. Dually Introduction Amy Weber, Individually, and as Parent, Natural Guardian and Next Friend on behalf of K.A., a Minor v. Frances A....

Rule 15 Amendments and PLRA Exhaustion: Third Circuit’s Landmark Decision in Garrett v. Wexford Health

Date: Sep 11, 2019

Rule 15 Amendments and PLRA Exhaustion: Third Circuit’s Landmark Decision in Garrett v. Wexford Health Introduction Garrett v. Wexford Health is a significant decision rendered by the United States...

Affirmation of Summary Judgment in Thomas Wood v. Detwiler et al.: Implications for Eighth Amendment Claims in Correctional Settings

Date: Aug 30, 2019

Affirmation of Summary Judgment in Thomas Wood v. Detwiler et al.: Implications for Eighth Amendment Claims in Correctional Settings Introduction In the appellate case Thomas Wood v. Sgt. Detwiler;...

Appellate Court Refines Punitive Damages Ratio Analysis in Defamation Cases Involving Nominal Awards

Date: Aug 29, 2019

Appellate Court Refines Punitive Damages Ratio Analysis in Defamation Cases Involving Nominal Awards Introduction In the matter of Michael Jester; Penn Ridge Farms, LLC v. Robert Hutt; Fantasy Lane...

Regulation Z Reinforcement: The Necessity of a Written Agreement in Credit Extensions

Date: Aug 21, 2019

Regulation Z Reinforcement: The Necessity of a Written Agreement in Credit Extensions Introduction In the appellate decision Andrew Wolfington v. Reconstructive Orthopaedic Associates II PC, the...

Third Circuit Establishes Enhanced Standards for Eighth Amendment Prison Conditions

Date: Aug 15, 2019

Third Circuit Establishes Enhanced Standards for Eighth Amendment Prison Conditions Introduction In the landmark case Anthony Mammana v. Federal Bureau of Prisons, decided on August 14, 2019, the...

Third Circuit Establishes Timely Non-response as Exhaustion of Administrative Remedies under PLRA

Date: Aug 13, 2019

Third Circuit Establishes Timely Non-response as Exhaustion of Administrative Remedies under PLRA Introduction In the landmark case of Paul Shifflett v. Mr. Korszniak et al., adjudicated by the...

Accessible Hygiene Facilities Recognized as Programs under ADA and Rehabilitation Act: Furgess v. Pennsylvania Dept of Corrections

Date: Aug 9, 2019

Accessible Hygiene Facilities Recognized as Programs under ADA and Rehabilitation Act: Furgess v. Pennsylvania Dept of Corrections Introduction In the case of Robert Furgess v. The Pennsylvania...

Third Circuit Establishes Valid Explanation Standard for RFC Limitations in Social Security Disability Claims

Date: Jul 31, 2019

Third Circuit Establishes Valid Explanation Standard for RFC Limitations in Social Security Disability Claims Introduction In the landmark case of Russell Hess, III v. Commissioner Social Security,...

Revisiting Municipal Liability: The Alanda Forrest v. Camden Case and Its Implications

Date: Jul 11, 2019

Revisiting Municipal Liability: The Alanda Forrest v. Camden Case and Its Implications Introduction The case of Alanda Forrest v. Camden City Officials represents a significant moment in the ongoing...

E.D. v. Daniel Sharkey: Affirmation of Constitutional Protections for Immigration Detainees

Date: Jul 2, 2019

E.D. v. Daniel Sharkey: Affirmation of Constitutional Protections for Immigration Detainees Introduction In the landmark decision of E.D. v. Daniel Sharkey (928 F.3d 299, 2019), the United States...

TD Bank v. Vernon W. Hill, II: Redefining Injunctive Relief Standards in Copyright Infringement

Date: Jul 2, 2019

TD Bank v. Vernon W. Hill, II: Redefining Injunctive Relief Standards in Copyright Infringement Introduction TD Bank N.A. v. Vernon W. Hill, II is a landmark 2019 appellate decision by the United...

Union Membership as a Matter of Public Concern: Baloga v. Pittston Area School District

Date: Jun 26, 2019

Union Membership as a Matter of Public Concern: Baloga v. Pittston Area School District Introduction In Baloga v. Pittston Area School District, the United States Court of Appeals for the Third...

Affirmation of Dismissal in Argentina v. Gillette: Enhancing Standards for Racial Discrimination Claims

Date: Jun 21, 2019

Affirmation of Dismissal in Argentina v. Gillette: Enhancing Standards for Racial Discrimination Claims Introduction Argentina v. Gillette, a 2019 decision by the United States Court of Appeals for...

Third Circuit Establishes Common Law Right of Public Access as Primary Standard for Sealing Judicial Records in Avandia Litigation

Date: May 16, 2019

Third Circuit Establishes Common Law Right of Public Access as Primary Standard for Sealing Judicial Records in Avandia Litigation Introduction In the case titled In Re: Avandia Marketing, Sales...

Clarification on Reciprocal vs Original Discipline in Attorney Disbarment: In Re Michael Elias Stosic

Date: May 9, 2019

Clarification on Reciprocal vs Original Discipline in Attorney Disbarment: In Re Michael Elias Stosic Introduction The case of In Re: Michael Elias Stosic, Appellant dealt with the disciplinary...

Expansion of Plausibility in ERISA Fiduciary Duty Claims: Analysis of Sweda v. University of Pennsylvania

Date: May 3, 2019

Expansion of Plausibility in ERISA Fiduciary Duty Claims: Analysis of Sweda v. University of Pennsylvania Introduction The case of Sweda v. University of Pennsylvania (923 F.3d 320) addresses...

Ensuring Meritorious Claims: Third Circuit Sets Standard for Rule 41(b) Dismissals in Hildebrand v. Allegheny County

Date: Apr 25, 2019

Ensuring Meritorious Claims: Third Circuit Sets Standard for Rule 41(b) Dismissals in Hildebrand v. Allegheny County Introduction Hildebrand v. Allegheny County, 923 F.3d 128, adjudicated by the...

Deliberate Indifference in Medical Care for Pretrial Detainees: Moore v. Luffey Establishes Rigorous Standards

Date: Apr 20, 2019

Deliberate Indifference in Medical Care for Pretrial Detainees: Moore v. Luffey Establishes Rigorous Standards Introduction Moore v. Luffey is a significant case adjudicated by the United States...