3d Circuit Case Commentaries

Remand of Pllumi v. Attorney General: Reevaluating Sua Sponte Reopening in Asylum Claims Based on Healthcare Concerns

Date: Apr 7, 2011

Remand of Pllumi v. Attorney General: Reevaluating Sua Sponte Reopening in Asylum Claims Based on Healthcare Concerns Introduction Tonin Pllumi v. Attorney General of the United States, 642 F.3d 155...

Affirmation of ALJ's RFC Assessment in Disability Claims: Russo v. Astrue

Date: Apr 7, 2011

Affirmation of ALJ's RFC Assessment in Disability Claims: Russo v. Astrue Introduction The case Russo v. Astrue, decided by the United States Court of Appeals for the Third Circuit on April 6, 2011,...

Federal Courts Can Exercise Diversity Jurisdiction Over TCPA Class Actions Under CAFA

Date: Apr 5, 2011

Federal Courts Can Exercise Diversity Jurisdiction Over TCPA Class Actions Under CAFA Introduction Landsman Funk PC, et al. v. Skinder-Strauss Associates, et al., 640 F.3d 72 (3d Cir. 2011), is a...

Timeliness as a Jurisdictional Requirement in Bankruptcy Appeals: Insights from In re Stanley J. Caterbone

Date: Apr 5, 2011

Timeliness as a Jurisdictional Requirement in Bankruptcy Appeals: Insights from In re Stanley J. Caterbone Introduction In re Stanley J. Caterbone, 640 F.3d 108 (3d Cir. 2011), addresses a critical...

Expanded ERISA Standing for Guardians in the Context of Adoption

Date: Mar 30, 2011

Expanded ERISA Standing for Guardians in the Context of Adoption Introduction The case of Deborah L. Baldwin, as guardian of C.L.D., K.K.D., and C.M.D., Appellant v. University of Pittsburgh Medical...

Qualified Immunity Affirmed in Absence of Clearly Established Due Process Rights: Schmidt v. Creedon

Date: Mar 30, 2011

Qualified Immunity Affirmed in Absence of Clearly Established Due Process Rights: Schmidt v. Creedon Introduction Schmidt v. Creedon, 639 F.3d 587 (3d Cir. 2011), addresses the crucial intersection...

Affirming the Fraud-on-the-Market Presumption and Clarifying Scheme Liability under Rule 10b-5: In re DVI, Inc. Securities Litigation

Date: Mar 30, 2011

Affirming the Fraud-on-the-Market Presumption and Clarifying Scheme Liability under Rule 10b-5: In re DVI, Inc. Securities Litigation Introduction In the landmark case In re DVI, Inc. Securities...

Harvey v. Plains Township PD: Reinforcing the Totality of Circumstances in §1983 State Action Claims

Date: Mar 29, 2011

Harvey v. Plains Township PD: Reinforcing the Totality of Circumstances in §1983 State Action Claims Introduction Elizabeth Harvey v. Plains Township Police Department is a significant case decided...

Commerce Clause Violation: Delaware's Prevailing Wage Regulations Discriminate Against Out-of-State Contractors

Date: Mar 22, 2011

Commerce Clause Violation: Delaware's Prevailing Wage Regulations Discriminate Against Out-of-State Contractors Introduction The case of Tri-M Group, LLC v. Thomas B. Sharp, Secretary, Delaware...

Affirmation of Death Sentence in Williams v. Beard: Upholding Batson Protections and Effective Counsel Standards

Date: Mar 10, 2011

Affirmation of Death Sentence in Williams v. Beard: Upholding Batson Protections and Effective Counsel Standards Introduction Terrance Williams, a former high school football star, was convicted of...

Affirming the Constitutionality of 18 U.S.C. § 922(g)(1): The Third Circuit Upholds Felon Firearm Dispossession Post-Heller

Date: Mar 5, 2011

Affirming the Constitutionality of 18 U.S.C. § 922(g)(1): The Third Circuit Upholds Felon Firearm Dispossession Post-Heller Introduction In United States of America v. James Francis Barton, Jr., the...

Assessing Excessive Force Beyond Initial Justification: Lamont v. State of New Jersey

Date: Mar 5, 2011

Assessing Excessive Force Beyond Initial Justification: Lamont v. State of New Jersey Introduction The case of Angelika Lamont, Administrator Ad Prosequendum of the Estate of Eric J. Quick v. State...

Establishing Probable Cause through File Metadata and Digital Fingerprints: A Commentary on United States v. Miknevich

Date: Mar 2, 2011

Establishing Probable Cause through File Metadata and Digital Fingerprints: A Commentary on United States v. Miknevich Introduction In the landmark case United States of America v. Stephen Miknevich,...

Third Circuit Upholds PLRA’s 'Three Strikes' Rule, Limiting Counsel Appointment for Repeated Frivolous Prisoner Litigation

Date: Feb 10, 2011

Third Circuit Upholds PLRA’s 'Three Strikes' Rule, Limiting Counsel Appointment for Repeated Frivolous Prisoner Litigation Introduction In Brightwell v. Lehman, 637 F.3d 187 (3d Cir. 2011), the...

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3d Circuit Case Commentaries

Remand of Pllumi v. Attorney General: Reevaluating Sua Sponte Reopening in Asylum Claims Based on Healthcare Concerns

Affirmation of ALJ's RFC Assessment in Disability Claims: Russo v. Astrue

Federal Courts Can Exercise Diversity Jurisdiction Over TCPA Class Actions Under CAFA

Timeliness as a Jurisdictional Requirement in Bankruptcy Appeals: Insights from In re Stanley J. Caterbone

Expanded ERISA Standing for Guardians in the Context of Adoption

Qualified Immunity Affirmed in Absence of Clearly Established Due Process Rights: Schmidt v. Creedon

Affirming the Fraud-on-the-Market Presumption and Clarifying Scheme Liability under Rule 10b-5: In re DVI, Inc. Securities Litigation

Harvey v. Plains Township PD: Reinforcing the Totality of Circumstances in §1983 State Action Claims

Commerce Clause Violation: Delaware's Prevailing Wage Regulations Discriminate Against Out-of-State Contractors

Affirmation of Death Sentence in Williams v. Beard: Upholding Batson Protections and Effective Counsel Standards

Affirming the Constitutionality of 18 U.S.C. § 922(g)(1): The Third Circuit Upholds Felon Firearm Dispossession Post-Heller

Assessing Excessive Force Beyond Initial Justification: Lamont v. State of New Jersey

Establishing Probable Cause through File Metadata and Digital Fingerprints: A Commentary on United States v. Miknevich

Third Circuit Upholds PLRA’s 'Three Strikes' Rule, Limiting Counsel Appointment for Repeated Frivolous Prisoner Litigation

Affirmation of Procedural Strictness in Naturalization and Federal Claims: Abulkhair v. Bush

Chevron v. Uhl et al.: Expanding the Scope of 28 U.S.C. §1782 and the Crime-Fraud Exception

Consent Searches and Digital Seizures in United States v. Sal: A Comprehensive Legal Analysis

Substantial Evidence Standard in Disability Claims: Smith v. Commissioner of Social Security

Enhancing ERISA Protections: Court Reverses Arbitrary Termination of LTD Benefits in Miller v. American Airlines

Affirmation of Deliberate Indifference Standard in Eighth Amendment Prison Medical Care Claims