3d Circuit Case Commentaries

Acquiescence Standard Under the Convention Against Torture: Third Circuit Remands BIA Decision in Dutton Myrie Case

Date: Apr 29, 2017

Acquiescence Standard Under the Convention Against Torture: Third Circuit Remands BIA Decision in Dutton Myrie Case Introduction The case of Luis Antonio Dutton Myrie v. The Attorney General of the...

Third Circuit Upholds Summary Judgment in Over-Detention Claims: Implications for Eighth Amendment Litigation

Date: Apr 20, 2017

Third Circuit Upholds Summary Judgment in Over-Detention Claims: Implications for Eighth Amendment Litigation Introduction In the case of Wharton v. Danberg et al., the United States Court of Appeals...

Enhanced Accountability for Prison Mental Health Care: The Palakovic v. Wetzel Case

Date: Apr 15, 2017

Enhanced Accountability for Prison Mental Health Care: The Palakovic v. Wetzel Case Introduction The case of Renee Palakovic and Darian Palakovic v. John Wetzel et al. (854 F.3d 209) represents a...

Reversal on Qualified Immunity for Lack of Probable Cause: Andrews v. Sciulli

Date: Apr 11, 2017

Reversal on Qualified Immunity for Lack of Probable Cause: Andrews v. Sciulli Introduction In Andrews v. Sciulli, the United States Court of Appeals for the Third Circuit addressed critical issues...

Qualified Immunity and First Amendment Retaliation: Insights from Mirabella v. Villard et al.

Date: Apr 5, 2017

Qualified Immunity and First Amendment Retaliation: Insights from Mirabella v. Villard et al. Introduction In the case of Maureen Mirabella; John Mirabella v. Susan Villard; William Villard; Susan...

Survival of Fair Housing Act Claims Post-Death: A Landmark Third Circuit Decision

Date: Apr 1, 2017

Survival of Fair Housing Act Claims Post-Death: A Landmark Third Circuit Decision Introduction The United States Court of Appeals for the Third Circuit, in the case of LIANA REVOCK, Executrix of the...

Affirmation of Repak's Convictions: Enhancing the Use of Rule 404(b) Evidence for Proving Mens Rea in the Hobbs Act and Program Bribery

Date: Mar 29, 2017

Affirmation of Repak's Convictions: Enhancing the Use of Rule 404(b) Evidence for Proving Mens Rea in the Hobbs Act and Program Bribery Introduction The case of United States of America v. Ronald W....

Third Circuit Remands Arbitration Award in Krispy Kernels v. Nichols Farms Over Disputed Arbitration Agreement

Date: Mar 22, 2017

Third Circuit Remands Arbitration Award in Krispy Kernels v. Nichols Farms Over Disputed Arbitration Agreement Introduction In Aliments Krispy Kernels, Inc. v. Nichols Farms, the United States Court...

Revisiting Retaliation Standards: Carvalho-Grevious v. Delaware State University

Date: Mar 22, 2017

Revisiting Retaliation Standards: Carvalho-Grevious v. Delaware State University Introduction In Carvalho-Grevious v. Delaware State University, the United States Court of Appeals for the Third...

Deliberate Indifference in Pretrial Detention: Parkell v. Morgan

Date: Mar 11, 2017

Deliberate Indifference in Pretrial Detention: Parkell v. Morgan Introduction In Donald D. Parkell v. Phillip Morgan, Warden, the United States Court of Appeals for the Third Circuit addressed...

Extending Title IX Protections to Medical Residency Programs: Insights from Jane Doe v. Mercy Catholic Medical Center

Date: Mar 8, 2017

Extending Title IX Protections to Medical Residency Programs: Insights from Jane Doe v. Mercy Catholic Medical Center Introduction Jane Doe v. Mercy Catholic Medical Center is a landmark case...

Establishing Deliberate Indifference in Prisoners' Medical Care: Insights from PEARSON v. PRISON HEALTH SERVICE

Date: Mar 8, 2017

Establishing Deliberate Indifference in Prisoners' Medical Care: Insights from PEARSON v. PRISON HEALTH SERVICE Introduction The case of Antonio PEARSON v. PRISON HEALTH SERVICE et al., adjudicated...

Affirmation of Harmless Error in Confrontation Clause Violation: Johnson v. Lamas

Date: Mar 4, 2017

Affirmation of Harmless Error in Confrontation Clause Violation: Johnson v. Lamas Introduction In the case of William Johnson v. Marirosa Lamas et al., adjudicated by the United States Court of...

Protected Liberty Interests in Solitary Confinement Post-Resentencing: Insights from Williams v. Secretary Pennsylvania Department of Corrections

Date: Feb 10, 2017

Protected Liberty Interests in Solitary Confinement Post-Resentencing: Insights from Williams v. Secretary Pennsylvania Department of Corrections Introduction Williams v. Secretary Pennsylvania...

Enhanced Interpretation of the Equal Educational Opportunities Act §1703(f) in Overcoming Language Barriers

Date: Jan 31, 2017

Enhanced Interpretation of the Equal Educational Opportunities Act §1703(f) in Overcoming Language Barriers Introduction The case of Khadidja Issa v. The School District of Lancaster addresses...

Honest Belief Defense in FMLA Retaliation Claims: Insights from Capps v. Mondelez Global, LLC

Date: Jan 31, 2017

Honest Belief Defense in FMLA Retaliation Claims: Insights from Capps v. Mondelez Global, LLC Introduction Capps v. Mondelez Global, LLC, 847 F.3d 144 (3d Cir. 2017), is a significant appellate...

Establishing Article III Standing Through FCRA Violations in Data Breach Litigation

Date: Jan 21, 2017

Establishing Article III Standing Through FCRA Violations in Data Breach Litigation Introduction The case of In Re: Horizon Healthcare Services Inc. Data Breach Litigation (846 F.3d 625) adjudicated...

Shipping Act of 1984 Preemption Affirmed in Vehicle Carrier Antitrust Litigation

Date: Jan 19, 2017

Shipping Act of 1984 Preemption Affirmed in Vehicle Carrier Antitrust Litigation Introduction The case titled In Re: Vehicle Carrier Services Antitrust Litigation involves plaintiffs alleging that...

Third Circuit Establishes Cognizability of Subgroup Disparate-Impact Claims Under the ADEA

Date: Jan 11, 2017

Third Circuit Establishes Cognizability of Subgroup Disparate-Impact Claims Under the ADEA Introduction In the case of Rudolph A. Karlo et al. v. Pittsburgh Glass Works, LLC, the United States Court...

Affirming §2255 as Adequate for Addressing Alleyne-Based Sentencing Errors

Date: Jan 5, 2017

Affirming §2255 as Adequate Mechanism to Address Alleyne-Based Sentencing Errors Introduction The case of Barkley Gardner v. Warden Lewisburg USP addresses a critical aspect of federal habeas corpus...