3d Circuit Case Commentaries

Sham Litigation and Reverse Payment Settlements in Pharmaceutical Antitrust: Insights from In Re Wellbutrin XL Antitrust Litigation

Date: Aug 10, 2017

Sham Litigation and Reverse Payment Settlements in Pharmaceutical Antitrust: Insights from In Re Wellbutrin XL Antitrust Litigation Introduction The case of In Re: Wellbutrin XL Antitrust Litigation...

Third Circuit Affirms § 876(c) Mailing Threats as Crimes of Violence for Career Offender Enhancement

Date: Aug 5, 2017

Third Circuit Affirms § 876(c) Mailing Threats as Crimes of Violence for Career Offender Enhancement Introduction In United States of America v. Shaun Chapman (866 F.3d 129, 3rd Cir. 2017), the...

Procedural Missteps in Subpoena Enforcement: Insights from EEOC v. City of Long Branch

Date: Aug 3, 2017

Procedural Missteps in Subpoena Enforcement: Insights from EEOC v. City of Long Branch Introduction The case of Equal Employment Opportunity Commission (EEOC) v. City of Long Branch (866 F.3d 93,...

Knowingly Presented Perjured Testimony: Reasonable Likelihood Suffices for Habeas Relief

Date: Aug 2, 2017

Knowingly Presented Perjured Testimony: Reasonable Likelihood Suffices for Habeas Relief Introduction The case of Vance Haskell v. Superintendent Greene Sci; Attorney General Pennsylvania; District...

CEPA Protection for Employees Refusing to Violate Ethical Standards: Trzaska v. L'Oréal USA

Date: Jul 26, 2017

CEPA Protection for Employees Refusing to Violate Ethical Standards: Trzaska v. L'Oréal USA Introduction In Steven J. Trzaska, Appellant v. L'Oréal USA, Inc.; L'Oréal, S.A. (865 F.3d 155), the United...

Affirming Buyer-For-Value Protections under UCC Article 9: In re Semcrude L.P. v. J. Aron & Co.

Date: Jul 20, 2017

Affirming Buyer-For-Value Protections under UCC Article 9: In re Semcrude L.P. v. J. Aron & Co. Introduction The case of In re: SemCrude L.P., et al., Debtors v. J. Aron & Company, et al addresses...

Affirmation of Conspiracy Conviction in Drug Distribution: United States v. Stallings

Date: Jul 19, 2017

Affirmation of Conspiracy Conviction in Drug Distribution: United States v. Stallings Introduction The case of United States of America v. Eugene Stallings, Jr. was adjudicated by the United States...

Third Circuit Clarifies §1981 Harassment Standards: 'Severe or Pervasive' Conduct Suffices for Claims

Date: Jul 15, 2017

Third Circuit Clarifies §1981 Harassment Standards: 'Severe or Pervasive' Conduct Suffices for Claims Introduction In the landmark case of Atron Castleberry; John Brown v. STI Group; Chesapeake...

Third Circuit Affirms TCPA Protection for Single Prerecorded Cellular Calls and Recognizes Standing

Date: Jul 11, 2017

Third Circuit Affirms TCPA Protection for Single Prerecorded Cellular Calls and Recognizes Standing Introduction In the case of Noreen Susinno, Individually and on Behalf of All Others Similarly...

Prioritizing Mootness over Younger Abstention: Insights from Hamilton v. Bromley

Date: Jul 11, 2017

Prioritizing Mootness over Younger Abstention: Insights from Hamilton v. Bromley Introduction Hamilton v. Bromley is a seminal case adjudicated by the United States Court of Appeals for the Third...

Third Circuit Upholds First Amendment Right to Record Police in Public

Date: Jul 8, 2017

Third Circuit Upholds First Amendment Right to Record Police in Public Introduction In the landmark case of Richard Fields and Amanda Geraci v. City of Philadelphia, the United States Court of...

Third Circuit Establishes Clear Standards for Bona Fide Error Defense under FDCPA while Upholding TCPA Protections

Date: Jul 4, 2017

Third Circuit Establishes Clear Standards for Bona Fide Error Defense under FDCPA while Upholding TCPA Protections Introduction In the case of John Daubert v. NRA Group, LLC, the United States Court...

Anderson v. The Boeing Company: Affirmation of Summary Judgment in Discrimination and Retaliation Claims

Date: Jun 20, 2017

Anderson v. The Boeing Company: Affirmation of Summary Judgment in Discrimination and Retaliation Claims Introduction In Milka A. Anderson v. The Boeing Company, the appellant, Milka A. Anderson,...

Third Circuit Clarifies Standards for Ineffective Assistance of Counsel in Jury Trial Waiver Cases

Date: Jun 7, 2017

Third Circuit Clarifies Standards for Ineffective Assistance of Counsel in Jury Trial Waiver Cases Introduction In the case of George T. Vickers, Jr. v. Superintendent Graterford SCI; Attorney...

Abuse of Position of Trust in Drug Trafficking: Insights from United States v. Douglas

Date: Jun 3, 2017

Abuse of Position of Trust in Drug Trafficking: Insights from United States v. Douglas Introduction The case of United States of America v. Kenneth R. Douglas serves as a pivotal judicial examination...

Third Circuit Clarifies Standard for Preliminary Injunctions in First Amendment Buffer Zone Challenges

Date: May 26, 2017

Third Circuit Clarifies Standard for Preliminary Injunctions in First Amendment Buffer Zone Challenges Introduction The case of Colleen Reilly, Becky Biter, and Rosalie Gross v. City of Harrisburg et...

Third Circuit Enhances Protections for Inmate Legal Assistance and Refines Statute of Limitations in §1983 Retaliation Claims

Date: May 17, 2017

Third Circuit Enhances Protections for Inmate Legal Assistance and Refines Statute of Limitations in §1983 Retaliation Claims Introduction In the case of Thomas Wisniewski v. Jon D. Fisher et al....

Procedural Default Excused for Ineffective Assistance of Counsel in Saleem Bey v. Greene Sci

Date: May 11, 2017

Procedural Default Excused for Ineffective Assistance of Counsel in Saleem Bey v. Greene Sci Introduction Saleem Bey v. Superintendent Greene Sci is a pivotal case decided by the United States Court...

Affirmation of Procedural and Substantive Due Process in Prison Administrative Segregation by Third Circuit

Date: May 4, 2017

Affirmation of Procedural and Substantive Due Process in Prison Administrative Segregation by Third Circuit Introduction The case of Yusef Steele v. Warden Cicchi et al. (855 F.3d 494, Third Circuit,...

Materiality in False Claims Act: United States ex rel. Petratos v. Roche Group

Date: May 2, 2017

Materiality in False Claims Act: United States ex rel. Petratos v. Roche Group Introduction The case of United States of America, ex rel. Gerasimos Petratos v. Genentech Inc. et al., adjudicated by...