3d Circuit Case Commentaries

Affirmation of Absolute Immunity for Prosecutors and Witnesses in §1983 Claims

Date: Dec 22, 2017

Affirmation of Absolute Immunity for Prosecutors and Witnesses in §1983 Claims Introduction In the case of Howard A. Carter, Appellant v. Kathleen G. Kane et al., the United States Court of Appeals...

Non-Religious Beliefs Do Not Qualify for Title VII Protection: Fallon v. Mercy Catholic Medical Center

Date: Dec 15, 2017

Non-Religious Beliefs Do Not Qualify for Title VII Protection: Fallon v. Mercy Catholic Medical Center Introduction Fallon v. Mercy Catholic Medical Center of Southeastern Pennsylvania, 877 F.3d 487...

Qualified Immunity and Municipal Liability in School Board Bans: Insights from Barna v. Panther Valley School District Board

Date: Dec 8, 2017

Qualified Immunity and Municipal Liability in School Board Bans: Insights from Barna v. Panther Valley School District Board Introduction The case of John Barna v. Board of School Directors of the...

Reversing Qualified Immunity: State-Created Danger and the Subjective Deliberate Indifference Standard in § 1983 Claims

Date: Nov 29, 2017

Reversing Qualified Immunity: State-Created Danger and the Subjective Deliberate Indifference Standard in § 1983 Claims Introduction In the landmark case of Joan KEDRA, in her own right and as...

Third Circuit Governs Liberal Leave to Amend in Civil Rights Cases: Mullin v. Dually

Date: Nov 7, 2017

Third Circuit Governs Liberal Leave to Amend in Civil Rights Cases: Mullin v. Dually Introduction Mullin v. Dually, 875 F.3d 140 (3d Cir. 2017), is a landmark decision by the United States Court of...

Enforcement of Forum Selection Clauses Under Texas Law: Collins v. Mary Kay Inc.

Date: Oct 20, 2017

Enforcement of Forum Selection Clauses Under Texas Law: Collins v. Mary Kay Inc. Introduction In the case of Ina M. Collins v. Mary Kay, Inc., the United States Court of Appeals for the Third Circuit...

Establishing Standing for Economic Injuries in Consumer Class Actions: Cottrell v. Alcon Laboratories

Date: Oct 19, 2017

Establishing Standing for Economic Injuries in Consumer Class Actions: Cottrell v. Alcon Laboratories Introduction In Cottrell v. Alcon Laboratories, the United States Court of Appeals for the Third...

Reaffirmation of Probable Cause in Malicious Prosecution Claims: Zimmerman v. Corbett et al.

Date: Oct 17, 2017

Reaffirmation of Probable Cause in Malicious Prosecution Claims: Zimmerman v. Corbett et al. Introduction In the case of John R. Zimmerman v. Thomas W. Corbett; Linda L. Kelly; Frank G. Fina; K....

Zuber v. Boscov's: Scope of Compromise and Release Agreements in Waiving FMLA and Common Law Claims

Date: Sep 12, 2017

Zuber v. Boscov's: Scope of Compromise and Release Agreements in Waiving FMLA and Common Law Claims Introduction The legal landscape governing the waiver of employee rights through settlement...

Defining Supervisor Status Under Title VII: Third Circuit Vacates Summary Judgment in Moody v. Atlantic City Board of Education

Date: Sep 7, 2017

Defining Supervisor Status Under Title VII: Third Circuit Vacates Summary Judgment in Moody v. Atlantic City Board of Education Introduction In the case of Michelle Moody v. Atlantic City Board of...

Juror Substitution and Due Process: An Analysis of United States v. Penn

Date: Aug 31, 2017

Juror Substitution and Due Process: An Analysis of United States v. Penn Introduction In the case of United States of America v. Jesse Nathaniel Penn, Jr., decided by the United States Court of...

Williams v. Pennsylvania Human Relations Commission: Establishing § 1983 Inapplicability for Title VII and ADA Claims

Date: Aug 31, 2017

Disclaimer: This commentary is intended for informational purposes only and does not constitute legal advice. For specific legal issues, please consult a qualified attorney. Williams v. Pennsylvania...

Third Circuit Sets New Standards for Selective Enforcement in Reverse Stash House Sting Operations

Date: Aug 29, 2017

Third Circuit Sets New Standards for Selective Enforcement in Reverse Stash House Sting Operations Introduction In United States of America v. Askia Washington, 869 F.3d 193 (3d Cir. 2017), the...

Limits of the §2241 Saving Clause Post-Fowler: An In-Depth Analysis of Bruce v. Warden Lewisburg USP

Date: Aug 23, 2017

Limits of the §2241 Saving Clause Post-Fowler: An In-Depth Analysis of Bruce v. Warden Lewisburg USP Introduction Charles Gray Bruce, also known as Charles Gary Bruce, appeals his conviction for...

Third Circuit Establishes No Bivens Action for First Amendment Retaliation Against TSA Screeners

Date: Aug 23, 2017

Third Circuit Establishes No Bivens Action for First Amendment Retaliation Against TSA Screeners Introduction In the case of Roger Vanderklok v. United States of America, the United States Court of...

Strengthening Antitrust Oversight of Reverse Payment Settlements in Pharmaceutical Litigation: Insights from the Third Circuit's 2017 Decision

Date: Aug 22, 2017

Strengthening Antitrust Oversight of Reverse Payment Settlements in Pharmaceutical Litigation: Insights from the Third Circuit's 2017 Decision Introduction The United States Court of Appeals for the...

Defining Parallel Proceedings Under the Declaratory Judgment Act: Insights from Kelly v. Maxum Specialty Insurance Group

Date: Aug 22, 2017

Defining Parallel Proceedings Under the Declaratory Judgment Act: Insights from Kelly v. Maxum Specialty Insurance Group Introduction The case of Ronald Kelly; Patrice Kelly v. Maxum Specialty...

Establishing a Four-Step Framework for §1404(a) Transfers in the Presence of Forum-Selection Clauses: Insights from Howmedica Osteonics Corp. v. Respondents

Date: Aug 16, 2017

Establishing a Four-Step Framework for §1404(a) Transfers in the Presence of Forum-Selection Clauses: Insights from Howmedica Osteonics Corp. v. Respondents Introduction The case of Howmedica...

Affirmation of Summary Judgment in ADA Hostile Work Environment Claim: Ballard-Carter v. Vanguard Group

Date: Aug 10, 2017

Affirmation of Summary Judgment in ADA Hostile Work Environment Claim: Ballard-Carter v. Vanguard Group Introduction Ballard-Carter v. Vanguard Group is a notable case adjudicated by the United...

Reaffirmation of Eighth Amendment Standards in Prison Medical Care: Gonzalez v. Lopez De Lasalle

Date: Aug 10, 2017

Reaffirmation of Eighth Amendment Standards in Prison Medical Care: Gonzalez v. Lopez De Lasalle Introduction The case of Francisco Gonzalez v. Abigail Lopez De Lasalle, Donna Zickefoose, Pradip...