3d Circuit Case Commentaries

Establishing Rigorous Standards for the First-Filed Rule and Res Judicata in Cross-Jurisdictional Litigation: Chavez v. Dole Food Co.

Date: Sep 3, 2016

Establishing Rigorous Standards for the First-Filed Rule and Res Judicata in Cross-Jurisdictional Litigation: Chavez v. Dole Food Co. Introduction The case of Tobias Bermudez Chavez, et al., v. Dole...

Third Circuit Affirms Insurer's Declaratory Judgment Without Aggregating Class Claims: A New Precedent on Diversity Jurisdiction

Date: Sep 2, 2016

Third Circuit Affirms Insurer's Declaratory Judgment Without Aggregating Class Claims: A New Precedent on Diversity Jurisdiction Introduction In the case of Auto-Owners Insurance Company v. Stevens &...

Affirmation of HECK v. HUMPHREY in Preventing Section 1983 Claims Without Favorable Termination: The Curry v. Yachera Decision

Date: Sep 2, 2016

Affirmation of HECK v. HUMPHREY in Preventing Section 1983 Claims Without Favorable Termination: The Curry v. Yachera Decision Introduction In the landmark case of Joseph Curry v. Brianne Yachera et...

Recognition of Continuing Seizure and Due Process Claims in §1983 Actions

Date: Aug 31, 2016

Recognition of Continuing Seizure and Due Process Claims in §1983 Actions Introduction In the landmark case of Michele Owen Black v. Montgomery County et al. (835 F.3d 358, 3rd Cir. 2016), the United...

Affirmation of Copyright Infringement Verdict with Remand for Prejudgment Interest: Leonard v. Stemtech

Date: Aug 25, 2016

Affirmation of Copyright Infringement Verdict with Remand for Prejudgment Interest: Leonard v. Stemtech Introduction The case of Andrew Paul Leonard d/b/a APL Microscopic Appellant versus Stemtech...

Affirmation of Due Process in Denial of Psychological Medical Attention: Mattern v. City of Sea Isle

Date: Aug 25, 2016

Affirmation of Due Process in Denial of Psychological Medical Attention: Mattern v. City of Sea Isle Introduction The case of Andrew Mattern and Amanda Mattern v. City of Sea Isle addresses...

Refining the Same Decision Defense in First Amendment Retaliation Claims within the Correctional Context

Date: Aug 24, 2016

Refining the Same Decision Defense in First Amendment Retaliation Claims within the Correctional Context Introduction The case of Joseph Watson v. Gerald L. Rozum et al. (834 F.3d 417) represents a...

James A. Dennis v. Secretary, Pennsylvania Department of Corrections: Comprehensive Brady Violation Commentary

Date: Aug 24, 2016

James A. Dennis v. Secretary, Pennsylvania Department of Corrections: Comprehensive Brady Violation Commentary Introduction The case of James A. Dennis v. Secretary, Pennsylvania Department of...

Probable Cause Standards in Civil Rights Litigation: Insights from Dempsey v. Bucknell University

Date: Aug 23, 2016

Probable Cause Standards in Civil Rights Litigation: Insights from Dempsey v. Bucknell University Introduction The case of Reed C. Dempsey and Shelley Dempsey v. Bucknell University and Associated...

Third Circuit Establishes Limits on Inmate Body-Cavity Searches under the Fourth Amendment: Parkell v. Commissioner of Prisons

Date: Aug 18, 2016

Third Circuit Establishes Limits on Inmate Body-Cavity Searches under the Fourth Amendment: Parkell v. Commissioner of Prisons Introduction In Donald D. Parkell v. Carl Danberg, Commissioner of...

Rejection of Price Inflation Theories in Class Certification under Rule 23(b)(3): Widener University v. Harnish et al.

Date: Aug 17, 2016

Rejection of Price Inflation Theories in Class Certification under Rule 23(b)(3): Widener University v. Harnish et al. Introduction In John Harnish; Justin Schluth; Robert Klein; Gregory Emond; Ayla...

Mootness in Appeals: The Unsealing of Cosby's Deposition Documents

Date: Aug 16, 2016

Mootness in Appeals: The Unsealing of Cosby's Deposition Documents Introduction Andréa Constand v. William H. Cosby, Jr. is a notable case adjudicated by the United States Court of Appeals for the...

Cheney v. Daily News L.P.: Affirming Defamation and False Light Claims

Date: Jul 20, 2016

Cheney v. Daily News L.P.: Affirming Defamation and False Light Claims Introduction In the case of Francis X. Cheney, II v. Daily News L.P., the United States Court of Appeals for the Third Circuit...

Preservation of Class Action Certification Under the Picking Off Exception: Richardson v. Director Federal Bureau of Prisons

Date: Jul 16, 2016

Preservation of Class Action Certification Under the Picking Off Exception: Richardson v. Director Federal Bureau of Prisons Introduction The case of Sebastian Richardson v. Director Federal Bureau...

Affirming Retaliation Claims under 42 U.S.C. §1983: Comprehensive Commentary on Hill v. Barnacle et al.

Date: Jul 6, 2016

Affirming Retaliation Claims under 42 U.S.C. §1983: Comprehensive Commentary on Hill v. Barnacle et al. Introduction Donna M. Hill, a prisoners' rights advocate, initiated legal action against...

Narrow Interpretation of the Video Privacy Protection Act and Upholding Intrusion upon Seclusion in In re Nickelodeon Consumer Privacy Litigation

Date: Jun 28, 2016

Narrow Interpretation of the Video Privacy Protection Act and Upholding Intrusion upon Seclusion in In re Nickelodeon Consumer Privacy Litigation Introduction In the case titled In re: Nickelodeon...

Third Circuit Revisits Buffer Zone Ordinances in the Wake of McCullen v. Coakley: Bruni v. City of Pittsburgh

Date: Jun 2, 2016

Third Circuit Revisits Buffer Zone Ordinances in the Wake of McCullen v. Coakley: Bruni v. City of Pittsburgh Introduction The case of Nikki Bruni et al. v. City of Pittsburgh et al., decided on June...

Distinguishing Rule 12(b)(1) and Rule 12(b)(6) Motions: Insights from Michael Earl Davis v. Wells Fargo

Date: May 28, 2016

Distinguishing Rule 12(b)(1) and Rule 12(b)(6) Motions: Insights from Michael Earl Davis v. Wells Fargo Introduction In the case of Michael Earl Davis v. Wells Fargo, U.S. Bank National Association,...

Apparent Authority Upholds Security Interest Priority in EAGLEBANK v. Van Hoecke

Date: May 21, 2016

Apparent Authority Upholds Security Interest Priority in EAGLEBANK v. Van Hoecke Introduction The case of EAGLEBANK, Attorney-in-fact for Virginia Investment Partnership v. Robert G. Van Hoecke...

Third Circuit Reaffirms Plausibility Standard for Breach of Contract Claims in McDermott v. Clondalkin Group

Date: May 19, 2016

Third Circuit Reaffirms Plausibility Standard for Breach of Contract Claims in McDermott v. Clondalkin Group Introduction In the case of Norbert McDermott v. Clondalkin Group, Inc., decided on May...