3d Circuit Case Commentaries

Establishing Employment Relationship Criteria for Temporary Employees under Title VII: Faush v. Tuesday Morning

Date: Nov 19, 2015

Establishing Employment Relationship Criteria for Temporary Employees under Title VII: Faush v. Tuesday Morning Introduction In Matthew Faush, Appellant v. Tuesday Morning, Inc. (808 F.3d 208, 3rd...

Enhanced Eighth Amendment Protections in Correctional Facilities: Insights from Chavarriaga v. NJDOC

Date: Nov 17, 2015

Enhanced Eighth Amendment Protections in Correctional Facilities: Insights from Chavarriaga v. NJDOC Introduction In the landmark case of Chavarriaga v. State of New Jersey Department of Corrections,...

Third Circuit Affirms Dismissal in Owens v. Coleman: Clarifying Eighth Amendment and Retaliation Claims in Prison Conditions

Date: Nov 11, 2015

Third Circuit Affirms Dismissal in Owens v. Coleman: Clarifying Eighth Amendment and Retaliation Claims in Prison Conditions Introduction The case of Steven Owens v. Brian Coleman et al. addresses...

Third Circuit Expands California Privacy Protections in Cookie Placement Litigation against Google

Date: Nov 11, 2015

Third Circuit Expands California Privacy Protections in Cookie Placement Litigation against Google Introduction The case In re Google Inc. Cookie Placement Consumer Privacy Litigation (806 F.3d 125)...

Broadening Statutory Standing under the Telephone Consumer Protection Act: Leyse v. Bank of America

Date: Oct 15, 2015

Broadening Statutory Standing under the Telephone Consumer Protection Act: Mark Leyse v. Bank of America National Association Introduction The case of Mark Leyse v. Bank of America National...

Heightened Scrutiny Applied to Religious Affiliation Discrimination in Surveillance Programs: Third Circuit Sets New Precedent

Date: Oct 14, 2015

Heightened Scrutiny Applied to Religious Affiliation Discrimination in Surveillance Programs: Third Circuit Sets New Precedent Introduction In Syed Farhaj Hassan et al. v. The City of New York, the...

Sliding-Scale Balancing of Stay Factors in Bankruptcy Appeals: Insights from In re Revel AC, Inc.

Date: Oct 1, 2015

Sliding-Scale Balancing of Stay Factors in Bankruptcy Appeals: Insights from In re Revel AC, Inc. Introduction The case of In re Revel AC, Inc., et al., Debtors. Idea Boardwalk, LLC, Appellant. (802...

Excessive Force in Mechanical Restraints: Young v. Martin

Date: Sep 9, 2015

Excessive Force in Mechanical Restraints: Young v. Martin Introduction Young v. Martin, 801 F.3d 172 (3rd Cir. 2015), is a pivotal case addressing the application of the Eighth Amendment in the...

Affirmation of Pickering Balancing Test in Munroe v. Central Bucks School District

Date: Sep 5, 2015

Affirmation of Pickering Balancing Test in Munroe v. Central Bucks School District Introduction Munroe v. Central Bucks School District is a pivotal case adjudicated by the United States Court of...

Reforming Diversity Jurisdiction: Third Circuit's Approach to LLC Citizenship in Lincoln Benefit v. AEI Life

Date: Sep 3, 2015

Reforming Diversity Jurisdiction: Third Circuit's Approach to LLC Citizenship in Lincoln Benefit v. AEI Life Introduction In the landmark case of Lincoln Benefit Life Company v. AEI Life, LLC; ALS...

Pleading Diversity Against Unincorporated Associations: Third Circuit in Lincoln Benefit Life Co. v. AEI Life, LLC

Date: Sep 3, 2015

Pleading Diversity Against Unincorporated Associations: Third Circuit in Lincoln Benefit Life Co. v. AEI Life, LLC Introduction In the landmark case Lincoln Benefit Life Company v. AEI Life, LLC, the...

Third Circuit Upholds Necessity of Evidentiary Hearing in §2255 Motion for Ineffective Assistance of Counsel Claims

Date: Sep 2, 2015

Third Circuit Upholds Necessity of Evidentiary Hearing in §2255 Motion for Ineffective Assistance of Counsel Claims Introduction In United States v. Tolliver, 800 F.3d 138 (3d Cir. 2015), the United...

Third Circuit Reinforces Qualified Immunity in School Civil Rights Cases: Spady v. Bethlehem Area School District

Date: Sep 2, 2015

Third Circuit Reinforces Qualified Immunity in School Civil Rights Cases: Spady v. Bethlehem Area School District Introduction The case of Spady v. Bethlehem Area School District (800 F.3d 633, 3rd...

Deliberative Process Privilege in Law Enforcement: Comprehensive Analysis of Bayliss v. New Jersey State Police

Date: Aug 14, 2015

Deliberative Process Privilege in Law Enforcement: Comprehensive Analysis of Bayliss v. New Jersey State Police Introduction The case of James Bayliss v. New Jersey State Police; Trooper R. Wambold,...

Paid Suspension Not Considered Adverse Employment Action Under Title VII: Insights from Jones v. SEPTA

Date: Aug 13, 2015

Paid Suspension Not Considered Adverse Employment Action Under Title VII: Insights from Jones v. Southeastern Pennsylvania Transportation Authority Introduction In the landmark case of Michelle...

Reinforcing Rule 9(b) Particularity and Causation Requirements Under CUTPA: Travelers Indemnity Co. v. Cephalon

Date: Aug 11, 2015

Reinforcing Rule 9(b) Particularity and Causation Requirements Under CUTPA: Travelers Indemnity Co. v. Cephalon Introduction In the case of The Travelers Indemnity Company v. Cephalon, Inc., decided...

Affirmation of Statute of Limitations and Sovereign Immunity Defenses in Civil Actions: A Commentary on Boseski v. North Arlington

Date: Aug 8, 2015

Affirmation of Statute of Limitations and Sovereign Immunity Defenses in Civil Actions: A Commentary on Boseski v. North Arlington Introduction The case of Sherri Boseski v. North Arlington...

Application of the Discovery Rule to 18 U.S.C. § 2255 Claims: Analysis of Stephens v. Clash

Date: Aug 6, 2015

Application of the Discovery Rule to 18 U.S.C. § 2255 Claims: Analysis of Stephens v. Clash Introduction Sheldon Stephens, an underage individual at the time, filed a lawsuit against Kevin Clash, a...

Qualified Immunity Standards and Excessive Force: Insights from Santini v. Fuentes

Date: Aug 5, 2015

Qualified Immunity Standards and Excessive Force: Insights from Santini v. Fuentes Introduction Santini v. Fuentes is a landmark case adjudicated by the United States Court of Appeals for the Third...

United States v. Bui: Defining Ineffective Assistance of Counsel in Plea Agreements

Date: Aug 5, 2015

United States v. Bui: Defining Ineffective Assistance of Counsel in Plea Agreements Introduction United States of America v. Dung Bui, 795 F.3d 363 (3d Cir. 2015), is a landmark case adjudicated by...