3d Circuit Case Commentaries

Expansion of the Automobile Exception: Third Circuit Upholds Warrantless Vehicle Searches in Fugitive Cases

Date: Aug 23, 2014

Expansion of the Automobile Exception: Third Circuit Upholds Warrantless Vehicle Searches in Fugitive Cases Introduction The case of United States of America v. Joseph P. Donahue, adjudicated by the...

Affirmation of Conspiracy Conviction: The United States v. Claxton Decision on Speedy Trial and Jury Impartiality

Date: Aug 19, 2014

Affirmation of Conspiracy Conviction: The United States v. Claxton Decision on Speedy Trial and Jury Impartiality Introduction In the case of United States of America v. Craig Claxton, the United...

Procedural Due Process in Inmate Account Deductions: Montañez and Hale v. Secretary, Pennsylvania Department of Corrections

Date: Aug 16, 2014

Procedural Due Process in Inmate Account Deductions: Montañez and Hale v. Secretary, Pennsylvania Department of Corrections Introduction Montañez and Hale v. Secretary, Pennsylvania Department of...

Third Circuit Establishes Requirement for Pre-Deprivation Process in Inmate Account Deductions under Due Process

Date: Aug 16, 2014

Third Circuit Establishes Requirement for Pre-Deprivation Process in Inmate Account Deductions under Due Process Introduction In the case of Domingo Colon Montañez; Timothy A. Hale v. Secretary...

Martinez Exception to Procedural Default in Habeas Corpus: COX v. HORN Analysis

Date: Aug 8, 2014

Martinez Exception to Procedural Default in Habeas Corpus: COX v. HORN Analysis Introduction In COX v. HORN, 757 F.3d 113 (3rd Cir. 2014), the United States Court of Appeals for the Third Circuit...

ERISA's Comprehensive Preemption Enforced for Supplementary Insurance within Single Benefits Plan: Third Circuit Decision

Date: Aug 7, 2014

ERISA's Comprehensive Preemption Enforced for Supplementary Insurance within Single Benefits Plan: Third Circuit Decision Introduction In the landmark case of Alexander L. Menkes; Stephen Wolfe v....

Third Circuit Clarifies Application of the Mailbox Rule in FMLA Notice Requirements

Date: Aug 6, 2014

Third Circuit Clarifies Application of the Mailbox Rule in FMLA Notice Requirements Introduction In the landmark case Lisa M. Lupyan v. Corinthian Colleges, Inc., 761 F.3d 314 (3d Cir. 2014), the...

Affirmation of Summary Judgment in Equal Protection Claim: Suber et al. v. Coatsville Police and City

Date: Aug 1, 2014

Affirmation of Summary Judgment in Equal Protection Claim: Suber et al. v. Coatsville Police and City Introduction The case of Suber; Bongai Mhloyi; Jeremiah Mhloyi, individually and doing business...

Availability of Classwide Arbitration as a Question of Arbitrability: Opalinski & McCabe v. Robert Half International Inc.

Date: Jul 31, 2014

Availability of Classwide Arbitration as a Question of Arbitrability: Opalinski & McCabe v. Robert Half International Inc. Introduction In the case of Opalinski & McCabe v. Robert Half International...

Admissibility of Prior Convictions in Felon in Possession Cases: Analysis of United States v. Caldwell

Date: Jul 25, 2014

Admissibility of Prior Convictions in Felon in Possession Cases: Analysis of United States v. Caldwell Introduction In the landmark case of United States of America v. Akeem Abdul Caldwell, the...

Exhaustion of IDEA Administrative Remedies in Retaliation Claims: Batchelor v. Rose Tree Media School District

Date: Jul 18, 2014

Exhaustion of IDEA Administrative Remedies in Retaliation Claims: Batchelor v. Rose Tree Media School District Introduction In Batchelor v. Rose Tree Media School District, the United States Court of...

Government's Authority to Forcibly Medicate Defendants for Sentencing Competency Affirmed: United States v. Cruz

Date: Jul 11, 2014

Government's Authority to Forcibly Medicate Defendants for Sentencing Competency Affirmed: United States v. Cruz Introduction In the case of United States of America v. Abraham Cruz, decided on July...

Establishing Boundaries in Joint Ventures: Insights from Bennett v. Itochu International

Date: Jul 11, 2014

Establishing Boundaries in Joint Ventures: Insights from Bennett v. Itochu International Introduction The case of John A. Bennett, M.D.; Devon Robotics, LLC; Devon Health Services, Inc. v. Itochu...

Third Circuit Upholds Standing of Minor Political Parties in Ballot Access Litigation

Date: Jul 10, 2014

Third Circuit Upholds Standing of Minor Political Parties in Ballot Access Litigation Introduction The case of The Constitution Party of Pennsylvania; The Green Party of Pennsylvania; The Libertarian...

Affirmation of Judicial and Quasi-Judicial Immunity in Civil Rights Litigation

Date: Jul 10, 2014

Affirmation of Judicial and Quasi-Judicial Immunity in Civil Rights Litigation Introduction The case of Nabil Mikhail v. Jolie Kahn et al. presents a significant examination of the boundaries of...

Travillion Decision: Affirmation of District Court's Ruling on Ineffective Assistance of Counsel and Double Jeopardy Claims

Date: Jul 8, 2014

Travillion Decision: Affirmation of District Court's Ruling on Ineffective Assistance of Counsel and Double Jeopardy Claims Introduction In United States v. Percy William Travillion, 759 F.3d 281 (3d...

Affirming Prisoners' Limited Rights Under the Religious Freedom Restoration Act: Ford v. Bureau of Prisons

Date: Jul 1, 2014

Affirming Prisoners' Limited Rights Under the Religious Freedom Restoration Act: Ford v. Bureau of Prisons Introduction The case of Edward J. Ford, Jr. v. Bureau of Prisons revolves around federal...

ADEA as the Exclusive Remedy for Age Discrimination Claims under §1983: Comprehensive Analysis of Anthony Hildebrand v. Allegheny County

Date: Jun 28, 2014

ADEA as the Exclusive Remedy for Age Discrimination Claims under §1983: Comprehensive Analysis of Anthony Hildebrand v. Allegheny County Introduction The case of Anthony Hildebrand v. Allegheny...

No Prerequisite for Debt Validation Before FDCPA Litigation - McLaughlin v. Phelan Hallinan & Schmieg, LLP

Date: Jun 27, 2014

No Prerequisite for Debt Validation Before FDCPA Litigation Introduction In Timothy McLaughlin v. Phelan Hallinan & Schmieg, LLP (756 F.3d 240, 3rd Cir. 2014), the United States Court of Appeals for...

Continental Tire v. Ross: Affirmation of FMLA Interference and Retaliation Standards

Date: Jun 18, 2014

Continental Tire v. Ross: Affirmation of FMLA Interference and Retaliation Standards Introduction In Ronald Ross v. Kevin Gilhuly; Continental Tire of America LLC, the United States Court of Appeals...