3d Circuit Case Commentaries

Deliberate Indifference in Prison Medical Care: Tenon v. Dreibelbis

Date: Apr 1, 2015

Deliberate Indifference in Prison Medical Care: Tenon v. Dreibelbis Introduction Anthony L. Tenon, a prisoner in Pennsylvania, filed a civil rights lawsuit under 42 U.S.C. § 1983 against several...

Affirmation of Sentencing Standards and Plea Withdrawal Criteria in Federal Child Pornography Cases: United States v. Jeffrey Schmutzler

Date: Feb 24, 2015

Affirmation of Sentencing Standards and Plea Withdrawal Criteria in Federal Child Pornography Cases: United States v. Jeffrey Schmutzler Introduction In United States of America v. Jeffrey...

Balancing Religious Rights and Institutional Security: Insights from Banks v. Pennsylvania DOC

Date: Feb 10, 2015

Balancing Religious Rights and Institutional Security: Insights from Banks v. Pennsylvania DOC Introduction In the landmark case of Banks v. Secretary Pennsylvania Department of Corrections, the...

Affirmation of Summary Judgment in Barnes v. Nationwide Mutual Insurance Company: Clarifying Adverse Employment Actions under 42 U.S.C. § 1981 and PHRA

Date: Jan 24, 2015

Affirmation of Summary Judgment in Barnes v. Nationwide Mutual Insurance Company: Clarifying Adverse Employment Actions under 42 U.S.C. § 1981 and PHRA Introduction In the case of Tameka Barnes v....

Causation in Retaliation Claims: Third Circuit Upholds Summary Judgment in Daniels v. School District of Philadelphia

Date: Jan 21, 2015

Causation in Retaliation Claims: Third Circuit Upholds Summary Judgment in Daniels v. School District of Philadelphia Introduction In Daniels v. School District of Philadelphia, Dorothy E. Daniels,...

Enhanced First Amendment Protections for Public Employees: Flora v. Luzerne County

Date: Jan 16, 2015

Enhanced First Amendment Protections for Public Employees: Flora v. Luzerne County Introduction The case of Albert Flora, Jr., Appellant v. County of Luzerne and Robert C. Lawton, County Manager,...

PLRA as a Statutory Tolling Provision in Pearson v. Secretary Department of Corrections

Date: Jan 8, 2015

PLRA as a Statutory Tolling Provision in Pearson v. Secretary Department of Corrections Introduction The case of Antonio Pearson v. Secretary Department of Corrections, adjudicated by the United...

Third Circuit Clarifies Class Certification Standards for Eighth Amendment Claims Under Rule 23(b)(2)

Date: Jan 8, 2015

Third Circuit Clarifies Class Certification Standards for Eighth Amendment Claims Under Rule 23(b)(2) Introduction In the landmark case of Norman Shelton v. Bryan A. Bledsoe et al., the United States...

Literal Falsity in False Advertising Claims: Groupe SEB USA, Inc. v. Euro–Pro Operating LLC

Date: Dec 18, 2014

Literal Falsity in False Advertising Claims: Groupe SEB USA, Inc. v. Euro–Pro Operating LLC Introduction The case of Groupe SEB USA, Inc. v. Euro–Pro Operating LLC centers around allegations of false...

Affirmation of Summary Judgment in Retaliation Claims: Daniels v. School District of Philadelphia

Date: Dec 13, 2014

Affirmation of Summary Judgment in Retaliation Claims: Daniels v. School District of Philadelphia Introduction The case of Dorothy E. Daniels v. School District of Philadelphia (776 F.3d 181, Third...

Third Circuit Upholds SSDI Denial in Zirnsak v. Colvin: Affirming ALJ's Credibility Assessments and Vocational Evaluation Standards

Date: Dec 10, 2014

Third Circuit Upholds SSDI Denial in Zirnsak v. Colvin: Affirming ALJ's Credibility Assessments and Vocational Evaluation Standards Introduction In Zirnsak v. Colvin, the United States Court of...

Third Circuit Vacates DOL's H-2B Wage Survey Regulations as Arbitrary and Capricious

Date: Dec 6, 2014

Third Circuit Vacates DOL's H-2B Wage Survey Regulations as Arbitrary and Capricious Introduction In the landmark case, Comité' de Apoyo a los Trabajadores Agricolas v. Perez, 774 F.3d 173 (3rd Cir....

Third Circuit Upholds Whistleblower Protections: Dougherty v. School District of Philadelphia

Date: Nov 22, 2014

Third Circuit Upholds Whistleblower Protections: Dougherty v. School District of Philadelphia Introduction The case of Francis X. Dougherty v. School District of Philadelphia, adjudicated by the...

Third Circuit Clarifies Application of McNabb-Mallory Rule: Unreasonable Delay in Presentment Leads to Suppression of Custodial Statements

Date: Nov 20, 2014

Third Circuit Clarifies Application of McNabb-Mallory Rule: Unreasonable Delay in Presentment Leads to Suppression of Custodial Statements Introduction In the landmark case of United States of...

Descamps v. United States Reinforces Strict Interpretation of "Crime of Violence" in Career Offender Enhancements

Date: Nov 5, 2014

Descamps v. United States Reinforces Strict Interpretation of "Crime of Violence" in Career Offender Enhancements Introduction In the landmark case United States v. Brown, adjudicated by the United...

Williams v. United States: Upholding Indictment Sufficiency and Sentencing Guidelines in Fraud Conspiracy

Date: Nov 1, 2014

Williams v. United States: Upholding Indictment Sufficiency and Sentencing Guidelines in Fraud Conspiracy Introduction The case of United States of America v. Anthony Lamar Williams delves into the...

Enhancing the Original Source Requirement in False Claims Act Jurisprudence: Schumann v. AstraZeneca, Inc. & Bristol–Myers Squibb Company

Date: Oct 21, 2014

Enhancing the Original Source Requirement in False Claims Act Jurisprudence: Schumann v. AstraZeneca, Inc. & Bristol–Myers Squibb Company 1. Introduction In the landmark case of United States of...

Affirmation of Dismissal for Lack of Original Source Status under the False Claims Act

Date: Oct 21, 2014

Affirmation of Dismissal for Lack of Original Source Status under the False Claims Act Introduction In the appellate case Schumann v. AstraZeneca Pharmaceuticals L.P., adjudicated by the United...

Discovery Rule Application in Fiduciary Duty Breaches: Analysis of Alan W. Schmidt v. John A. Skolas et al.

Date: Oct 18, 2014

Discovery Rule Application in Fiduciary Duty Breaches: Analysis of Alan W. Schmidt v. John A. Skolas et al. 1. Introduction The case of Alan W. Schmidt v. John A. Skolas et al. addresses critical...

State-Created Danger and Qualified Immunity: Insights from Estate of Frank P. Lagano v. Bergen County Prosecutor's Office

Date: Oct 16, 2014

State-Created Danger and Qualified Immunity: Insights from Estate of Frank P. Lagano v. Bergen County Prosecutor's Office Introduction In Estate of Frank P. Lagano v. Bergen County Prosecutor's...