3d Circuit Case Commentaries

Procedural Missteps in Preemption Claims: Analyzing In re Asbestos Products Liability Litigation (No. VI)

Date: May 17, 2016

Procedural Missteps in Preemption Claims: Analyzing In re Asbestos Products Liability Litigation (No. VI) Introduction The litigation In re Asbestos Products Liability Litigation (No. VI),...

Sanofi's Antitrust Defense in Eisai v. Sanofi: A Comprehensive Analysis

Date: May 5, 2016

Sanofi's Antitrust Defense in Eisai v. Sanofi: A Comprehensive Analysis Introduction The case Eisai, Inc. v. Sanofi Aventis U.S., LLC represents a significant examination of antitrust laws within the...

Affirmation of Probable Cause in False Arrest Claims: Johnson v. Provenzano

Date: Apr 15, 2016

Affirmation of Probable Cause in False Arrest Claims: Johnson v. Provenzano Introduction In the case of James Johnson v. Police Officer Frank Provenzano; Ewing Township Police Department; Ewing...

Dismissing False Arrest Claims: Insights from Mikhaeil v. Santos et al.

Date: Apr 14, 2016

Dismissing False Arrest Claims: Insights from Mikhaeil v. Santos et al. Introduction Case: ADEL MIKHAEIL, Appellant v. ANGEL SANTOS; PHILLIP P.G. WEBB; DEALREE BROADY; CRISTINO FELIX; JERSEY CITY...

Affirmation of Summary Judgment in Age Discrimination Case: Mercantanti v. WCI Operations LLC

Date: Apr 2, 2016

Affirmation of Summary Judgment in Age Discrimination Case: Mercantanti v. WCI Operations LLC Introduction The case of Lisa Mercantanti v. WCI Operations LLC revolves around allegations of age...

RICO Applicability to Repossession Practices: Goldenstein v. Repossessors Inc.

Date: Mar 11, 2016

RICO Applicability to Repossession Practices: Goldenstein v. Repossessors Inc. Introduction In the landmark case of Heiko Goldenstein v. Repossessors Inc., adjudicated by the United States Court of...

Third Circuit Affirms Qualified Immunity for Child Protection Caseworkers in Substantive Due Process Claim

Date: Feb 20, 2016

Third Circuit Affirms Qualified Immunity for Child Protection Caseworkers in Substantive Due Process Claim Introduction The case of Michelle Mammarro v. New Jersey Division of Child Protection and...

Duty to Defend Additional Insureds Under Policy: Ramara, Inc. v. Westfield Insurance Company

Date: Feb 18, 2016

Duty to Defend Additional Insureds Under Policy: Ramara, Inc. v. Westfield Insurance Company Introduction Ramara, Inc. v. Westfield Insurance Company; Fortress Steel Service, Inc. (814 F.3d 660) is a...

Affirmation of the "Gist of the Action" Doctrine in Fraud Claims: Downs et al. v. Andrews et al.

Date: Feb 11, 2016

Affirmation of the "Gist of the Action" Doctrine in Fraud Claims: Downs et al. v. Andrews et al. Introduction In the case of Downs, Thomas Dunkel; USMR Fund 2, Oakmont Note Group, LLC v. Peter J....

Affirmation of Social Security Disability Decision in Holloman v. Commissioner Social Security

Date: Feb 9, 2016

Affirmation of Social Security Disability Decision in Holloman v. Commissioner Social Security Introduction The case of Jessie Holloman v. Commissioner Social Security (639 F. App'x 810) was...

Third Circuit Expands Original Source Exception under Amended False Claims Act

Date: Feb 3, 2016

Third Circuit Expands Original Source Exception under Amended False Claims Act Introduction The case of UNITED STATES of America EX REL. MOORE & COMPANY, P.A. v. MAJESTIC BLUE FISHERIES, LLC et al....

Affirmation of Section 301 Preemption and Exhaustion of Grievance Procedures in Labor Disputes

Date: Feb 2, 2016

Affirmation of Section 301 Preemption and Exhaustion of Grievance Procedures in Labor Disputes Introduction In the case of James Hughes et al. v. United Parcel Service, Inc. et al., heard by the...

Fraudulent Transfer Under PUFTA: Wettach v. Sikirica – A New Precedent

Date: Jan 21, 2016

Fraudulent Transfer Under PUFTA: Wettach v. Sikirica – A New Precedent Introduction In re Thomas C. Wettach, Debtor Jeffrey J. Sikirica, Chapter 7 Trustee v. Thomas C. Wettach; Bette C. Wettach, 811...

Third Circuit Affirms Jurisdictional Limits: Plaintiffs Lack Article III Standing in NFL Ticketing Practices Case

Date: Jan 15, 2016

Third Circuit Affirms Jurisdictional Limits: Plaintiffs Lack Article III Standing in NFL Ticketing Practices Case Introduction In the case of Josh Finkelman; Ben Hoch–Parker on behalf of themselves...

Affirmation of Summary Judgment in Employment Discrimination Claims Against Eli Lilly and Company

Date: Jan 14, 2016

Affirmation of Summary Judgment in Employment Discrimination Claims Against Eli Lilly and Company Introduction In the case titled MARGARET P. TOURTELLOTTE, KARLA KREIGER; ASHLEY C. HISER; ANA V....

Third Circuit Reaffirms Plausibility Standard in Employment Discrimination Claims: Connelly v. Lane Construction

Date: Jan 12, 2016

Third Circuit Reaffirms Plausibility Standard in Employment Discrimination Claims: Connelly v. Lane Construction Introduction Sandra Connelly v. Lane Construction Corporation is a pivotal case...

Third Circuit Clarifies 'Diligent Prosecution Bar' Under Clean Air Act as Non-Jurisdictional

Date: Jan 7, 2016

Third Circuit Clarifies 'Diligent Prosecution Bar' Under Clean Air Act as Non-Jurisdictional Introduction In the case Group Against Smog and Pollution, Inc. (GASP) v. Shenango Incorporated,...

Court-Determined Arbitrability of Class Arbitration Established in Chesapeake Appalachia v. Scout Petroleum

Date: Jan 6, 2016

Court-Determined Arbitrability of Class Arbitration Established in Chesapeake Appalachia v. Scout Petroleum Introduction The case of Chesapeake Appalachia, LLC v. Scout Petroleum, LLC (809 F.3d 746)...

Affirmation of Summary Judgment in Age Discrimination Case: Willis v. UPMC Children's Hospital

Date: Dec 23, 2015

Affirmation of Summary Judgment in Age Discrimination Case: Willis v. UPMC Children's Hospital Introduction The case of Catherine Willis v. UPMC Children's Hospital of Pittsburgh (808 F.3d 638)...

Affirmation of Summary Judgment in Fletcher v. Phelps: Deliberate Indifference and Eighth Amendment Rights

Date: Dec 22, 2015

Affirmation of Summary Judgment in Fletcher v. Phelps: Deliberate Indifference and Eighth Amendment Rights Introduction Fletcher v. Phelps (639 F. App'x 85), adjudicated by the United States Court of...