State-Created Danger and State Agency Liability under 42 U.S.C. §1983: Insights from Estate of Frank P. Lagano v. Bergen County Prosecutor's Office Introduction The case of Estate of Frank P. Lagano...
Third Circuit Limits Equitable Estoppel for Non-Signatories in Arbitration Under Delaware Law: Flintkote Co. v. Aviva PLC Introduction Flintkote Company v. Aviva PLC, decided by the United States...
Affirmation of Statute of Limitations in Federal Civil Rights Claims: Insights from Omar v. Blackman Introduction The case of Moshen Omar v. Scott Blackman, adjudicated by the United States Court of...
Untimely Second Removal Under 28 U.S.C. § 1446(b): A Third Circuit Precedent Introduction The case of A.S., a Minor, by Sallee Miller, Guardian; Sallee Miller, Individually, Appellants v. SmithKline...
Jurisdictional Preclusion in Medicare Claims: The Tucker v. Secretary of Health and Human Services Decision Introduction The case KAREN E. TUCKER, Appellant v. SECRETARY OF HEALTH AND HUMAN SERVICES...
Third Circuit Reaffirms Good Faith Exception for Warrantless GPS Surveillance Introduction In the landmark case of United States v. Katzin, the United States Court of Appeals for the Third Circuit...
Expansion of Eminent Domain Powers for Pipeline Replacement Confirmed by Third Circuit Introduction In the case of Columbia Gas Transmission, LLC v. Brown et al. (768 F.3d 300), the United States...
Third Circuit Clarifies Fiduciary Status Under ERISA: Service Providers Without Discretionary Control Not Fiduciaries Introduction In the case of Danielle Santomenno et al. v. John Hancock Life...
Comprehensive Analysis of Barnes v. Lower Merion School District: Establishing Discrimination in Special Education Introduction In the case of Barnes v. Lower Merion School District, the United...
Intentional Discrimination Requirement for §504 Compensatory Damages: Shadie v. Hazleton Area School District Introduction The case of Alex Shadie v. Hazleton Area School District; Gloria Forte (580...
Limits to Absolute Judicial Immunity: Third Circuit Upholds Claims Against Municipal Judge and City Introduction The case of Wendell Kirkland and Anthony Kirkland v. Louis M.J. DiLeo and City of...
Supervisory Liability Under the Eighth Amendment: Barkes v. First Correctional Medical, Inc. Introduction Barkes v. First Correctional Medical, Inc.; Stanley Taylor; Raphael Williams is a landmark...
Reinterpreting 'Exceptionality' under § 35(a) of the Lanham Act: Insights from Fair Wind Sailing, Inc. v. Dempster Introduction In the landmark case of Fair Wind Sailing, Inc. v. H. Scott Dempster,...
Clarifying 'Distribution' of Child Pornography: Third Circuit Sets New Precedent under 18 U.S.C. §2252(a)(2) Introduction In the landmark case United States of America v. Husmann, the United States...
Fraudulent Concealment in Asbestos Litigation: Insights from Williams v. BASF Catalysts LLC Introduction Williams v. BASF Catalysts LLC, 765 F.3d 306 (3rd Cir. 2014), establishes significant...
Enhanced Protection of Consumer Privacy under §1692f(8) FDCPA: Disclosure of Account Numbers Prohibited Introduction The case of Courtney Douglass, on behalf of herself and all others similarly...
Third Circuit Establishes Right to Enforce Favorable IDEA Decisions Without Further Administrative Exhaustion Introduction The case of D.E., a minor, on his behalf, by his Parents; Maria English*;...
Third Circuit Sets Stricter Standards for Admissibility of Prior Bad Act Evidence under Rule 404(b) in Felon Firearm Possession Cases Introduction In the landmark case of United States of America v....
No Presumption of Irreparable Harm in Lanham Act Claims: Ferring Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc. Introduction Ferring Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc., 765...
Affirmation of Dismissal in Iwanicki v. Pennsylvania Department of Corrections: Clarifying Scope of Section 1983 Claims Introduction In the case of Christopher Iwanicki v. Pennsylvania Department of...