3d Circuit Case Commentaries

Affirming Qualified Immunity in Fourth Amendment Claims: Walker v. Coffey

Date: Sep 21, 2018

Affirming Qualified Immunity in Fourth Amendment Claims: Walker v. Coffey United States Court of Appeals for the Third Circuit, 2018 Introduction In Walker v. Coffey, the appellant, Carol Lee Walker,...

Reaffirmation of Bankruptcy Court's Discretion in Termination Fee Approvals: In re Energy Future Holdings Corp.

Date: Sep 14, 2018

Reaffirmation of Bankruptcy Court's Discretion in Termination Fee Approvals: In re Energy Future Holdings Corp. Introduction The case of In re Energy Future Holdings Corp., et al, Debtors, with...

Third Circuit Upholds Individual Responsibility in Excessive Force Claims under § 1983

Date: Sep 13, 2018

Third Circuit Upholds Individual Responsibility in Excessive Force Claims under § 1983 Introduction In the landmark case of Emil Jutrowski v. Township of Riverdale; State of New Jersey, the United...

Third Circuit Clarifies PLRA Exhaustion Requirements: Impact of Retaliation Threats on Administrative Remedy Availability

Date: Sep 13, 2018

Third Circuit Clarifies PLRA Exhaustion Requirements: Impact of Retaliation Threats on Administrative Remedy Availability Introduction In the case of Michael Rinaldi v. United States of America, the...

Procedural Defaults and the Confrontation Clause: Insights from Preston v. Superintendent Graterford SCI

Date: Sep 6, 2018

Procedural Defaults and the Confrontation Clause: Insights from Preston v. Superintendent Graterford SCI Introduction In the landmark case of Damien Preston v. Superintendent Graterford SCI; The...

Affirmation of Bankruptcy Court Jurisdiction and Respondeat Superior Liability in Employment Discrimination Cases: In re Tribune Media Co.

Date: Sep 6, 2018

Affirmation of Bankruptcy Court Jurisdiction and Respondeat Superior Liability in Employment Discrimination Cases: In re Tribune Media Co. Introduction The case of Keith Younge vs. Tribune Media...

Third Circuit Establishes Standards for First Amendment Retaliation Claims by Former Public Employees

Date: Aug 29, 2018

Third Circuit Establishes Standards for First Amendment Retaliation Claims by Former Public Employees Introduction In the landmark case of Kelly Conard v. Pennsylvania State Police (902 F.3d 178,...

Geness v. Cox: Reinforcing ADA and Due Process in Criminal Proceedings Involving Mental Health

Date: Aug 29, 2018

Geness v. Cox: Reinforcing ADA and Due Process in Criminal Proceedings Involving Mental Health Introduction The case of Craig A. Geness v. Jason Cox presented a tragic narrative intertwining the...

Clarifying Forum Defendant Rule and Contribution Under UCATA in Dram Shop Liability: Encompass Insurance Co. v. Stone Mansion Restaurant Inc.

Date: Aug 23, 2018

Clarifying Forum Defendant Rule and Contribution Under UCATA in Dram Shop Liability: Encompass Insurance Co. v. Stone Mansion Restaurant Inc. Introduction The case of Encompass Insurance Company v....

Non-Attorney Estate Administrators May Not Represent Estates Pro Se: Murray v. City of Philadelphia

Date: Aug 22, 2018

Non-Attorney Estate Administrators May Not Represent Estates Pro Se: Murray v. City of Philadelphia Introduction Murray v. City of Philadelphia is a pivotal case adjudicated by the United States...

Termination of Third Circuit's Certiorari Jurisdiction over Virgin Islands Supreme Court Decisions

Date: Aug 22, 2018

Termination of Third Circuit's Certiorari Jurisdiction over Virgin Islands Supreme Court Decisions Introduction The case of Victoria Vooys et al. v. Maria Bentley et al. addresses a significant...

Affirmation of Newark's Differential Regulation of Taxis and TNCs Under Equal Protection and Takings Clause

Date: Aug 21, 2018

Affirmation of Newark's Differential Regulation of Taxis and TNCs Under Equal Protection and Takings Clause Introduction In the landmark case Newark Cab Association et al. v. City of Newark, the...

Qualified Immunity Affirmed in Lethal Force Use During Police Pursuit: Corey Bland Case Analysis

Date: Aug 16, 2018

Qualified Immunity Affirmed in Lethal Force Use During Police Pursuit: Corey Bland Case Analysis Introduction The case of Corey Bland and Virginia Bland v. City of Newark is a significant legal...

Reinforcing Disability Rights: RA Mandates Service Animal Accommodations in Education

Date: Aug 15, 2018

Reinforcing Disability Rights: RA Mandates Service Animal Accommodations in Education Introduction In the landmark case of Berardelli v. Allied Services Institute of Rehabilitation Medicine, the...

Clarifying the Application of Alleyne v. United States in Armed Bank Robbery Sentencing: Insights from U.S. v. Dominique Johnson

Date: Aug 8, 2018

Clarifying the Application of Alleyne v. United States in Armed Bank Robbery Sentencing: Insights from U.S. v. Dominique Johnson Introduction In United States of America v. Dominique Johnson (899...

Third Circuit Clarifies § 1782 Application in International Trade Secret Litigation: Biomet Orthopaedics Switzerland GmbH v. Esschem

Date: Aug 7, 2018

Third Circuit Clarifies § 1782 Application in International Trade Secret Litigation: Biomet Orthopaedics Switzerland GmbH v. Esschem Introduction The case of Biomet Orthopaedics Switzerland GmbH v....

Affirmation of Summary Judgment in Age Discrimination Case: Britton v. Oil City Area School District

Date: Aug 7, 2018

Affirmation of Summary Judgment in Age Discrimination Case: Britton v. Oil City Area School District Introduction The case of Melvin Britton v. Oil City Area School District addresses allegations of...

Affirmation of Judicial Immunity and Eleventh Amendment Protections in Civil Rights Litigation: Little v. Hammond

Date: Aug 7, 2018

Affirmation of Judicial Immunity and Eleventh Amendment Protections in Civil Rights Litigation: Little v. Hammond Introduction In the case of Shawn Douglas Little v. Gregory J. Hammond, the appellant...

Third Circuit Reinforces Strict Rule 23(a) Requirements for Class Action Certification in ADA Litigation

Date: Jul 27, 2018

Third Circuit Reinforces Strict Rule 23(a) Requirements for Class Action Certification in ADA Litigation Introduction The case of Christopher Mielo; Sarah Heinzl, individually and on behalf of all...

Affirmation of Reasonable Suspicion in Traffic Stops: United States v. Green

Date: Jul 26, 2018

Affirmation of Reasonable Suspicion in Traffic Stops: United States v. Warren Charles Green, IV Introduction In the case of United States of America v. Warren Charles Green, IV (897 F.3d 173, 2018),...