3d Circuit Case Commentaries

Affirmation of Dismissal in §1983 Due Process Claims: Time-Barred Actions and Limitations on Equitable Tolling

Date: Mar 27, 2019

Affirmation of Dismissal in §1983 Due Process Claims: Time-Barred Actions and Limitations on Equitable Tolling Introduction In the case of Michelle C. Rascoe; Rascoe Courts, Inc. v. Neil Cody; George...

Third Circuit Affirms Summary Judgment in Raysa Alcantara v. Aerotek: Implications for Employment Discrimination Claims

Date: Mar 26, 2019

Third Circuit Affirms Summary Judgment in Raysa Alcantara v. Aerotek: Implications for Employment Discrimination Claims Introduction The case of Raysa Alcantara v. Aerotek, Inc. addresses allegations...

Third Circuit Upholds Age-Out Regulation in U Visa Permanent Residency Applications

Date: Feb 20, 2019

Third Circuit Upholds Age-Out Regulation in U Visa Permanent Residency Applications Introduction The case of Carmen Josefina Contreras Aybar and Dario de Jesus Moreta Contrera v. Secretary of the...

Martinez Exception Applied to Ineffective Assistance Claims in Workman v. Pennsylvania

Date: Feb 13, 2019

Martinez Exception Applied to Ineffective Assistance Claims in Workman v. Pennsylvania 1. Introduction The case of Jeffrey Workman v. Superintendent Albion SCI; District Attorney Philadelphia;...

Third Circuit Establishes 'Serious Drug Offense' under ACCA Encompasses Attempted Drug Crimes

Date: Feb 8, 2019

Third Circuit Establishes 'Serious Drug Offense' under ACCA Encompasses Attempted Drug Crimes Introduction In the case of United States of America v. Kenneth Daniels, 915 F.3d 148 (3d Cir. 2019), the...

Establishing Municipal Liability for Unconstitutional Searches and Officer Misconduct under 42 U.S.C. § 1983: Insights from The Estate of Adriano Roman, Jr. v. City of Newark

Date: Jan 30, 2019

Establishing Municipal Liability for Unconstitutional Searches and Officer Misconduct under 42 U.S.C. § 1983: Insights from The Estate of Adriano Roman, Jr. v. City of Newark Introduction The case of...

Affirmation of Summary Judgment in Doyle v. United Automobile Aerospace Workers: Establishing Rigorous Standards for Retaliation Claims under LMRDA

Date: Jan 26, 2019

Affirmation of Summary Judgment in Doyle v. United Automobile Aerospace Workers Introduction The case of Robert Doyle v. United Automobile Aerospace and Agricultural Implement Workers of America...

Affirmation of Qualified Immunity in Cruise Ship Border Searches: Bryan v. United States

Date: Jan 19, 2019

Affirmation of Qualified Immunity in Cruise Ship Border Searches: Bryan v. United States Introduction In Carlyle Bryan; Julie Beberman; Charles Francis v. United States of America, 913 F.3d 356 (3d...

Enhancing Particularity in Fraudulent Transfer Claims: Insights from Pricaspian Development Corp. v. Martucci

Date: Jan 10, 2019

Enhancing Particularity in Fraudulent Transfer Claims: Insights from Pricaspian Development Corp. v. Martucci Introduction In the case of Pricaspian Development Corporation; Jack Grynberg; Grynberg...

Peter Bistrian v. FDC Philadelphia: Expansion and Limitation of Bivens Claims in Prison Contexts

Date: Dec 29, 2018

Peter Bistrian v. FDC Philadelphia: Expansion and Limitation of Bivens Claims in Prison Contexts Introduction Peter Bistrian v. Warden Troy Levi and Others is a significant case decided by the United...

Bey v. United States: Establishing Limits on Continued Detention in Terry Stops Under the Fourth Amendment

Date: Dec 22, 2018

Bey v. United States: Establishing Limits on Continued Detention in Terry Stops Under the Fourth Amendment Introduction In Bey v. United States, the United States Court of Appeals for the Third...

Timeliness of Appeals and the Inadequacy of §2241 Petitions: Insights from Davender v. Fairton FCI

Date: Dec 15, 2018

Timeliness of Appeals and the Inadequacy of §2241 Petitions: Insights from Davender v. Fairton FCI Introduction In the case of Todd Davender v. Warden, Fairton FCI, decided by the United States Court...

Limitation of American Pipe Tolling in Successive Class Actions: Ari Weitzner v. Sanofi Pasteur Inc.

Date: Nov 28, 2018

Limitation of American Pipe Tolling in Successive Class Actions: Ari Weitzner v. Sanofi Pasteur Inc. Introduction The case of Ari Weitzner v. Sanofi Pasteur Inc. addressed critical questions...

Enforcement of Forum Selection Clauses Against Non-Signatory Third-Party Beneficiaries: Insights from In re McGraw-Hill Global Education Holdings LLC and In re Bob Krist

Date: Nov 22, 2018

Enforcement of Forum Selection Clauses Against Non-Signatory Third-Party Beneficiaries: Insights from In re McGraw-Hill Global Education Holdings LLC and In re Bob Krist Introduction This...

Third Circuit Expands Scope of New Jersey Consumer Fraud Act to Include Deceptive Insurance Practices

Date: Nov 16, 2018

Third Circuit Expands Scope of New Jersey Consumer Fraud Act to Include Deceptive Insurance Practices Introduction In the landmark case of Ana Lidia Alpizar-Fallas v. Progressive Garden State...

Affirmation of PSLRA Standards in Securities Fraud Claims: City of Cambridge Retirement System v. Altisource Asset Management Corp.

Date: Nov 15, 2018

Affirmation of PSLRA Standards in Securities Fraud Claims: City of Cambridge Retirement System v. Altisource Asset Management Corp. Introduction In the landmark case of City of Cambridge Retirement...

Exhaustion of Administrative Remedies and Mootness in FOIA Requests: Insights from Biear v. DOJ Third Circuit Decision

Date: Oct 2, 2018

Exhaustion of Administrative Remedies and Mootness in FOIA Requests: Insights from Biear v. DOJ Third Circuit Decision Introduction The landmark decision in James S. Biear v. Attorney General United...

Affirmation of Bond Hearing Rights for Prolonged Post-Removal Detention under 8 U.S.C. §1231(a)(6)

Date: Sep 27, 2018

Affirmation of Bond Hearing Rights for Prolonged Post-Removal Detention under 8 U.S.C. §1231(a)(6) Introduction The case of Rafael Ignacio Guerrero-Sanchez v. Warden York County Prison et al.,...

Impact of Statutory Maximums on Sentence Reduction Eligibility: United States v. Rivera-Cruz

Date: Sep 25, 2018

Impact of Statutory Maximums on Sentence Reduction Eligibility: United States v. Rivera-Cruz Introduction United States of America v. Reynaldo Rivera-Cruz is a pivotal case adjudicated by the United...

Federal Detainee Pretrial Challenges: Reese v. Warden Philadelphia FDC Establishes Critical Boundaries

Date: Sep 22, 2018

Federal Detainee Pretrial Challenges: Reese v. Warden Philadelphia FDC Establishes Critical Boundaries Introduction In the landmark case Troy Reese, Appellant v. Warden Philadelphia FDC, 904 F.3d 244...