Pleading Constructive Knowledge Under Arkansas’s Broyles Act: “Red Flags” Can Defeat a Service-Provider Exemption at the Motion-to-Dismiss Stage 1. Introduction Mike Huckabee v. Meta Platforms, Inc....
FCRA “Credit-Report Pull” Claims After Charge-Off Fall Within Broad Cardholder Arbitration Clauses 1. Introduction In Deborah Glover v. Merrick Bank (3d Cir. June 22, 2026) (not precedential), the...
Borrowed-Servant Immunity Under Pennsylvania Workers’ Compensation Act Requires a Jury When Evidence of Control Is Conflicting in Federal Task-Force Operations I. Introduction Case: Michael Trently...
Flight-Discarded Contraband Is Abandoned (and Public Surveillance Footage Is Independently Sourced) Even If the Later Detention Is Unlawful Introduction In United States v. Kendre Cain (3d Cir. June...
Documentation-Driven UIM Claim Valuation Constitutes a “Reasonable Basis” That Defeats Pennsylvania Bad-Faith Liability Under 42 Pa. C.S. § 8371 1. Introduction In Jenna Ockford v. Encompass...
ERISA Prudence in the Third Circuit: A Prudent Monitoring Process Defeats Underperformance Claims at Summary Judgment I. Introduction Lawanda Lasha House Johnson, et al. v. Quest Diagnostics Inc., et...
Third Circuit Narrows APA Review of Park-Service “Exhibit Decisions” and Limits § 407n Mutual-Agreement Rights to Independence Square 1. Introduction City of Philadelphia v. Secretary U.S. Department...
FRSA Retaliation Requires Decisionmaker (or Influencer) Knowledge of Protected Activity 1. Introduction In Jodi Asay v. New Jersey Transit Rail Operations, Inc., the United States Court of Appeals...
Issue-by-Issue Exhaustion and Social-Distinction Proof: Limits on “Loan Shark” Particular Social Groups 1. Introduction In Sushilaben Patel v. Attorney General United States of America (3d Cir. June...
Change-in-Law Alone Does Not Reopen Closed Habeas Judgments Under Rule 60(b)(6) Absent Properly Presented Extraordinary Equities Case: Jafarnia Williams v. Superintendent Rockview SCI, No. 23-1306...
ERISA § 502(a)(1)(B): Only the Entity that Controls Benefit Determinations Is a Proper Defendant (Third Circuit) 1. Introduction Case: Mark Justman v. Accenture LLP, No. 25-2084 (3d Cir. June 17,...
Complex-Case Speedy Trial Tolling: No Mandatory Revisit Absent Timely Challenge and Material Change 1. Introduction United States v. Brian Burrows (Third Circuit, filed June 16, 2026) addresses...
Issue Exhaustion and Jurisdictional Limits in Removal Appeals: Waiver, One-Year Asylum Bar, and Substantial-Evidence Review 1. Introduction In Quadri Ademola Bankole v. Attorney General United States...
Diversity Removal Turns on the Pleading’s Damages Demand (Including Punitive Damages), and Video Evidence Can Defeat Assault/Battery at Summary Judgment Introduction Sergei Kovalev v. Laboratory Corp...
Interlocutory Civil-Contempt Orders in Bankruptcy: Parties Usually Must Wait to Appeal, Non-Parties May Appeal Immediately Case: In re: BYJUs Alpha Inc, No. 25-1828 (3d Cir. June 12, 2026) (not...
Appellate Waiver Enforced Absent Proof of Government Bad Faith in Withholding a § 3E1.1 Recommendation 1. Introduction In United States v. Robert Thompson (3d Cir. June 10, 2026) (not precedential),...
Preservation-First Criminal Appeals: Forfeiture of New Suppression Theories, CI Non-Disclosure, Contextual Texts as Non-Hearsay, and Plain-Error Limits on § 922(g)(1) Second Amendment Challenges 1....
Perdue’s Lodestar-Multiplier Limits Apply to Federal-Law Contractual Fee-Shifting Awards Case: Artem v. Gelis v. BMW of North America, LLC, No. 24-2721 (3d Cir.) Court / Date: U.S. Court of Appeals...
Rooker–Feldman Bars Federal “Remand” Requests that Functionally Seek Reversal of Final State-Court Dismissals 1. Introduction In Tony Ping Yew, Executor of Estate of John Y Wei v. Attorney General...
STOLI Illegality Cannot Be Avoided by “Group Policy” Labeling; New York Delivery Statute Does Not Control Choice-of-Law Litigation Analysis Case: Lincoln National Life Insurance Co v. Retirement...