O'Bryant v. DCPP: Child-Welfare Caseworkers May Not Coerce Warrantless Home Entry Absent Exigency; Temporary Child Removal Without Pre-Removal Judicial Authorization Violates Procedural Due Process...
Discretion to Hear Untimely Criminal Appeals When the Government Does Not Object (and Reaffirmation of “Intent + Substantial Step” for Attempt) Case: United States v. Shaquile Newson (consolidated...
United States v. Malave: Broad Digital-Warrant Searches, “Teaching Expert” Testimony, and Substantial-Step Attempt Liability in RICO/Sex-Trafficking Prosecutions Court: U.S. Court of Appeals for the...
Reaffirming Broad Digital-Warrant Searches, Rule 702 “Teaching Experts,” and Harmless-Guidelines Review in a RICO Sex-Trafficking Prosecution Introduction In United States v. James Goode (3d Cir....
Third Circuit Reinforces Deference in Multi-Defendant RICO/Sex-Trafficking Trials: Joint-Trial Preference, “Teaching Expert” Fit, Broad Digital Warrants, and Attempt as “Substantial Step” Case:...
Adequate Anders Brief Permits Limited Independent Review and Summary Affirmance Absent Nonfrivolous Issues Introduction In United States v. Vincent Chan-Guillen (3d Cir. Sept. 14, 2026)...
Claim Preclusion Bars Repeat Federal Land-Use/Takings Suits Against Municipal Actors and Their Privies; Later-Arising Zoning Claims Must Still Be Plausibly Pleaded Thomas Gage v. Borough of...
Pleading a Prison-Job Retaliation Claim: Alleged Termination Must Be Credited as “Adverse Action” at the Motion-to-Dismiss Stage 1. Introduction In Brian Thompson v. Mohamed Safa, Sergeant (3d Cir....
Third Circuit Requires § 401 Certifications to Resolve Material Monitoring/Adaptive-Management Terms or Condition Dredging on Agency Approval I. Introduction In Natural Resources Defense Council Inc...
Section 401 Certifications Must Not Defer Material Compliance Terms Without Pre-Construction Agency Approval I. Introduction In NY/NJ Baykeeper v. New Jersey Department of Environmental Protection...
Younger Abstention Requires Party Identity: Associations Need Not Abstain Based on Member’s Pending State Enforcement Action Absent Control or Management 1. Introduction Case: National Shooting...
Third Circuit Reaffirms That Conclusory Comparator Lists and Attenuated Timing Do Not Plausibly Plead Discrimination or Retaliation in Failure-to-Promote/Termination Claims Introduction In Solomon...
Procedural Forfeiture and Docket-Management Deference in Consolidated Federal Actions Challenging State Criminal Proceedings 1. Introduction In Urve Maggitti v. John Capuzzi, Sr. (3d Cir. Sept. 4,...
Harmless Error in CAT Review When Likelihood-of-Torture Fails at Myrie Step One 1. Introduction In Rafael Aguilar-Ayala v. Attorney General United States of America (3d Cir. Sept. 4, 2026) (not...
Defective Service Under Pa. R. Civ. P. 400.1(a) Excuses Unserved Defendants from Removal Unanimity; Judicial Immunity Bars § 1983 Attacks on State-Court Trial Rulings 1. Introduction David Hatchigian...
Preliminary Injunctions in Constitutional Challenges: Preserving the Status Quo to Keep Cases Alive I. Introduction Americans for Prosperity Foundation v. Anthony Albence (3d Cir. Aug. 31, 2026)...
Section 3 Malfunction Theory Limited to Lost/Destroyed Products: No Inference of Defect When the Product Remains Available for Inspection Case: Millentine Coates v. Ford Motor Company (3d Cir. Aug....
Historically Rooted Medical-Licensing Laws for Telemedicine Speech Survive Heightened First Amendment Review I. Introduction In Shannon MacDonald v. President NJ State Board of Medical Examiners (3d...
Third Circuit Limits § 1225(b)(2)(A) Mandatory Detention to Noncitizens Actively “Seeking Admission” and Requires Bond Hearings for Long-Resident EWI Detainees I. Introduction In Gabriel Buele...
IDEA Two-Year Limitations: Parents’ Knowledge Bars Later Adult Claims, and the Same Clock Governs Parallel ADA/§ 504 Education-Service Claims 1. Introduction In L. W. v. Jersey City Board of...