3d Circuit Case Commentaries

Reevaluating Qualified Immunity in Excessive Force Claims: Insights from Santini v. Fuentes

Date: Aug 5, 2015

Reevaluating Qualified Immunity in Excessive Force Claims: Insights from Santini v. Fuentes Introduction Santini v. Fuentes, decided by the United States Court of Appeals for the Third Circuit on...

Norris v. Brooks: Reinforcing the Limited Scope of Martinez in Habeas Corpus Proceedings

Date: Jul 28, 2015

Norris v. Brooks: Reinforcing the Limited Scope of Martinez in Habeas Corpus Proceedings Introduction Eric D. Norris, a state prisoner in Pennsylvania, challenged his conviction through a habeas...

Clarifying Article III Standing and Rule 23 Requirements in Class Actions: Insights from Neale v. Volvo

Date: Jul 23, 2015

Clarifying Article III Standing and Rule 23 Requirements in Class Actions: Insights from Neale v. Volvo Introduction The case of Joanne Neale et al. v. Volvo Cars of North America, LLC, decided by...

Clarifying ALJ's Discretion in RFC Evaluations: Cummings v. Colvin

Date: Jul 8, 2015

Clarifying ALJ's Discretion in RFC Evaluations: Cummings v. Colvin Introduction In the case of Eric Allen Cummings v. Carolyn W. Colvin, Acting Commissioner of Social Security (129 F. Supp. 3d 209),...

Clarifying the Ordinary Business Exclusion: Trinity Wall Street v. Wal-Mart Stores, Inc.

Date: Jul 7, 2015

Clarifying the Ordinary Business Exclusion: Trinity Wall Street v. Wal-Mart Stores, Inc. Introduction Trinity Wall Street, a prominent shareholder in Wal-Mart Stores, Inc., sought to influence the...

Materiality as a Requirement for False Statements Under the FDCPA: Insights from Paula Jensen v. Pressler & Pressler

Date: Jul 1, 2015

Materiality as a Requirement for False Statements Under the FDCPA: Insights from Paula Jensen v. Pressler & Pressler Introduction In the case of Paula Jensen v. Pressler & Pressler; Midland Funding...

Federal Law Preempts State Disqualification of Federally Funded Defenders in PCRA Proceedings

Date: Jun 13, 2015

Federal Law Preempts State Disqualification of Federally Funded Defenders in PCRA Proceedings Introduction In the case of Commonwealth of Pennsylvania v. Defender Association of Philadelphia, the...

Third Circuit Establishes Broader ADA Protections in Correctional Facilities: Matthews v. PA DOC

Date: Jun 2, 2015

Third Circuit Establishes Broader ADA Protections in Correctional Facilities: Matthews v. PA DOC Introduction The case of Chaka A. Matthews v. Pennsylvania Department of Corrections et al. (613 F....

Third Circuit Upholds Summary Judgment in Reverse Discrimination Claim: Application of McDonnell Douglas Framework

Date: May 30, 2015

Third Circuit Upholds Summary Judgment in Reverse Discrimination Claim: Application of McDonnell Douglas Framework Introduction The case of Albert Ronald Thompson v. Bridgeton Board of Education;...

U.S. Court of Appeals Affirms Conviction and Sentence in Medicare Fraud Case: Key Legal Insights

Date: May 29, 2015

U.S. Court of Appeals Affirms Conviction and Sentence in Medicare Fraud Case: Key Legal Insights Introduction In the case of United States of America v. Matthew Kolodesh (787 F.3d 224), the United...

Strict Application of AEDPA's One-Year Statute of Limitations in Phlipot v. Johnson

Date: Apr 28, 2015

Strict Application of AEDPA's One-Year Statute of Limitations in Phlipot v. Johnson Introduction Matthew M. Phlipot v. G.R. Johnson, Warden, and Attorney General of the State of Delaware is a seminal...

Affirming Summary Judgment in Employment Discrimination Case: Hyland v. Smyrna School District

Date: Apr 22, 2015

Affirming Summary Judgment in Employment Discrimination Case: Hyland v. Smyrna School District Introduction The case of Dianne Hyland v. Smyrna School District ([608 F. App'x...

Affirmation of Reasonable Seizure in Emergency Response: Insights from Vargas v. City of Philadelphia

Date: Apr 18, 2015

Affirmation of Reasonable Seizure in Emergency Response: Insights from Vargas v. City of Philadelphia Introduction Vargas v. City of Philadelphia is a landmark decision by the United States Court of...

Ascertainability in Class Actions: Byrd v. Aaron's Inc. Establishes Clear Precedent

Date: Apr 17, 2015

Ascertainability in Class Actions: Byrd v. Aaron's Inc. Establishes Clear Precedent Introduction In the landmark case of Crystal Byrd; Brian Byrd, Individually, and on Behalf of all Similarly...

Affirmation of Dismissal for Failure to State a Claim under 42 U.S.C. § 1983 in Montgomery v. Apatratis Dist. Company

Date: Apr 11, 2015

Affirmation of Dismissal for Failure to State a Claim under 42 U.S.C. § 1983 in Montgomery v. Apatratis Dist. Company Introduction The case of Edward Jeffrey Montgomery v. Apatratis Distribution...

Limits on Pre-Removal Detention Without Bond Hearings Under 8 U.S.C. § 1226(c): Chavez-Alvarez v. Warden York County Prison

Date: Apr 10, 2015

Limits on Pre-Removal Detention Without Bond Hearings Under 8 U.S.C. § 1226(c): Chavez-Alvarez v. Warden York County Prison Introduction The case of Jose Juan Chavez-Alvarez v. Warden York County...

Enhancing Due Process in Immigration Detentions: Chavez–Alvarez v. Warden York County Prison

Date: Apr 10, 2015

Enhancing Due Process in Immigration Detentions: Chavez–Alvarez v. Warden York County Prison Introduction The case of Jose Juan Chavez–Alvarez v. Warden York County Prison marks a significant...

Enhanced Scrutiny of Expert Testimony Under Daubert for Rule 23 Class Certification: A New Precedent from the Third Circuit

Date: Apr 9, 2015

Enhanced Scrutiny of Expert Testimony Under Daubert for Rule 23 Class Certification: A New Precedent from the Third Circuit Introduction The case of In re Blood Reagents Antitrust Litigation, 783...

Third Circuit Holds Foreclosure Complaints Subject to FDCPA Misrepresentation Claims

Date: Apr 8, 2015

Third Circuit Holds Foreclosure Complaints Subject to FDCPA Misrepresentation Claims Introduction In the landmark case of Dale Kaymark, Individually and on Behalf of Other Similarly Situated Current...

Manni Film LLC v. John Doe Subscribers: Establishing Expedited Discovery in Copyright Infringement Cases

Date: Apr 2, 2015

Manny Film LLC v. John Doe Subscribers: Establishing Expedited Discovery in Copyright Infringement Cases Introduction The case of Manny Film LLC v. John Doe Subscribers Assigned IP Addresses...