3d Circuit Case Commentaries

Strict Adherence to Statutory Deadlines Under the Federal Tort Claims Act: Sconiers v. United States

Date: Jul 25, 2018

Strict Adherence to Statutory Deadlines Under the Federal Tort Claims Act: Sconiers v. United States Introduction The case of Sconiers v. United States (896 F.3d 595) adjudicated by the United States...

Third Circuit Expands Actual Innocence Exception Under Schlup for Ineffective Assistance of Counsel Claims

Date: Jul 24, 2018

Third Circuit Expands Actual Innocence Exception Under Schlup for Ineffective Assistance of Counsel Claims Introduction In the landmark case of Jerry Reeves v. Fayette Sci; The Attorney General of...

Affirmation of New Jersey's Criminal Justice Reform Act: Upholding Non-Monetary Pretrial Release Conditions

Date: Jul 10, 2018

Affirmation of New Jersey's Criminal Justice Reform Act: Upholding Non-Monetary Pretrial Release Conditions Introduction The case of Brittan Holland, individually and on behalf of all others...

Third Circuit Establishes Constitutional Limitation on INA’s Expedited Removal for Special Immigrant Juvenile Designees

Date: Jun 19, 2018

Third Circuit Establishes Constitutional Limitation on INA’s Expedited Removal for Special Immigrant Juvenile Designees Introduction The case of WENDY AMPARO OSORIO-MARTINEZ Indi v. Attorneys General...

Sexual Abuse Recognized as Eighth Amendment Violation: Ricks v. Shover

Date: Jun 6, 2018

Sexual Abuse Recognized as Eighth Amendment Violation: Ricks v. Shover Introduction In the landmark case of Ricks v. Shover, the United States Court of Appeals for the Third Circuit addressed pivotal...

Affirming ADA Employer Obligations: MNMC v. Ruggiero and the Interactive Process Mandate

Date: Jun 6, 2018

Affirming ADA Employer Obligations: MNMC v. Ruggiero and the Interactive Process Mandate Introduction The case of Aleka Ruggiero v. Mount Nittany Medical Center (MNMC) addresses critical issues...

Affirmation of §7202 Tax Evasion Conviction: Evidence Admissibility and Confrontation Clause Analysis

Date: May 30, 2018

Affirmation of §7202 Tax Evasion Conviction: Evidence Admissibility and Confrontation Clause Analysis Introduction The case of United States of America v. Steven J. Lynch addresses significant issues...

Reinstatement Triggers FCBA Dispute Period and Enforces TILA's Liability Limits: Krieger v. Bank of America

Date: May 17, 2018

Reinstatement Triggers FCBA Dispute Period and Enforces TILA's Liability Limits: Krieger v. Bank of America Introduction Krieger v. Bank of America, N.A., 890 F.3d 429 (3d Cir. 2018), marks a...

Third Circuit Upholds Occurrence Rule for FDCPA Statute of Limitations

Date: May 16, 2018

Third Circuit Upholds Occurrence Rule for FDCPA Statute of Limitations Introduction In Rotkiske v. Klemm et al., decided on May 15, 2018, the United States Court of Appeals for the Third Circuit...

Affirmation of Attorney Representation Requirement for "Next Friend" Proceedings in Federal Habeas Corpus Actions

Date: Apr 25, 2018

Affirmation of Attorney Representation Requirement for "Next Friend" Proceedings in Federal Habeas Corpus Actions Introduction The case of Mary Bush v. Kimberly Goodall et al. addresses significant...

Determining Trust Citizenship for Diversity Jurisdiction: Traditional Trusts Based Solely on Trustee Citizenship

Date: Apr 20, 2018

Determining Trust Citizenship for Diversity Jurisdiction: Traditional Trusts Based Solely on Trustee Citizenship Introduction In the case of GBFOREFRONT, L.P. v. Forefront Management Group, LLC et...

Enhancing Procedural Safeguards for Exhaustion of Administrative Remedies under the Prison Litigation Reform Act

Date: Mar 17, 2018

Enhancing Procedural Safeguards for Exhaustion of Administrative Remedies under the Prison Litigation Reform Act Introduction In Paladino v. Newsome, 885 F.3d 203 (3d Cir. 2018), the United States...

Refined Criteria for 'Position of Trust' under U.S.S.G. §3B1.3

Date: Mar 16, 2018

Refined Criteria for 'Position of Trust' under U.S.S.G. §3B1.3 Introduction In the landmark case of United States of America v. Kenneth R. Douglas, 885 F.3d 124 (3d Cir. 2018), the United States...

Component-Level Express Preemption in Hybrid Medical Devices: Insights from Shuker v. Smith & Nephew

Date: Mar 2, 2018

Component-Level Express Preemption in Hybrid Medical Devices: Insights from Shuker v. Smith & Nephew Introduction The case of Shuker v. Smith & Nephew, PLC; Smith & Nephew, Inc., adjudicated by the...

Settlement Offers for Time-Barred Debts Under FDCPA: Establishing Misleading Practices

Date: Feb 13, 2018

Settlement Offers for Time-Barred Debts Under FDCPA: Establishing Misleading Practices Introduction In the landmark case Michelle Tatis, Individually and on behalf of all others similarly situated,...

Causation Requirements in False Claims Act Enforcement: Insights from United States ex rel. Greenfield v. Medco Health Solutions, Inc.

Date: Jan 20, 2018

Causation Requirements in False Claims Act Enforcement: Insights from United States ex rel. Greenfield v. Medco Health Solutions, Inc. Introduction The case of United States of America ex rel....

Bank Robbery by Intimidation Affirmed as a Crime of Violence Under US Sentencing Guidelines

Date: Jan 18, 2018

Bank Robbery by Intimidation Affirmed as a Crime of Violence Under US Sentencing Guidelines 1. Introduction In the case of United States of America v. Jerome Wilson, 880 F.3d 80 (3d Cir. 2018), the...

Affirmation of Summary Judgment in Jamar Boykins v. Septa: Implications for Race Discrimination and Retaliation Claims

Date: Jan 18, 2018

Affirmation of Summary Judgment in Jamar Boykins v. Septa: Implications for Race Discrimination and Retaliation Claims Introduction The case of Jamar Boykins v. Southeastern Pennsylvania...

Third Circuit Affirms Eleventh Amendment Immunity for NJ Transit Officers in Karns v. NJ Transit

Date: Jan 12, 2018

Third Circuit Affirms Eleventh Amendment Immunity for NJ Transit Officers in Karns v. NJ Transit Introduction In the case of Don Karns and Robert Parker v. New Jersey Transit Corporation and Officers...

Application of the Substantial Evidence Standard in Disability Determinations: Suzie Lynn Miller v. Commissioner of Social Security

Date: Dec 27, 2017

Application of the Substantial Evidence Standard in Disability Determinations: Suzie Lynn Miller v. Commissioner of Social Security Introduction The case of Suzie Lynn Miller v. Commissioner of...