Spoliation Sanctions May Presume EEOC Right-to-Sue Notice Receipt Date and Dispose of Time-Barred Title VII Claims Case: Jerry Painadath v. Good Shepherd Penn Partners (3d Cir. July 10, 2026)...
DOH Survey Falsifications: Materiality Under 18 U.S.C. § 1035 Need Not Be Tied to an Actual Payment Decision; CMS-Delegate Surveys Qualify as “Federal Matters” Under § 1519; Restitution May Reflect...
Procedural Bars Prevail: Untimely/Number-Barred Reopening and Forfeited NTA Defect Challenges in Removal Proceedings 1. Introduction Lourdes Verenice Hernandez Sorto v. Attorney General United States...
Third Circuit: § 1035 Materiality Does Not Require a Medicare/Medicaid-Payment-Specific Instruction; State Survey Submissions Can Support § 1519 and Restitution Based on Avoided Admissions Bans Case:...
Defamation Liability for “Misquote/Scientific Invalidity” Accusations and Retaliation Protection for Opposing Allegedly Unlawful Race Preferences in Academic Medicine Norman Wang v. University of...
Cancellation Hardship Review: Substantial Evidence (Not “Hard-Look” Reasoned Decisionmaking) and Permissible Predictive Findings Case: Armondo Morales v. Attorney General United States of America (3d...
Anders Withdrawal Granted Where Rule 11 Plea Colloquy and Within-Guidelines Sentence Reveal No Nonfrivolous Appellate Issues 1. Introduction In United States v. Luis Gomez (3d Cir. July 6, 2026)...
Third Circuit: CAT Deferral Requires Individualized Proof of Likely Torture—Arrest and “Ill-Treatment” Evidence Alone Is Insufficient I. Introduction In Javokhir Attoev v. Attorney General United...
Eliminated-Position Discrimination Claims: “Replacement” Alone Does Not Create an Inference, and Retaliation Requires More Than Timing at Pretext 1. Introduction In Robert Lynn v. Bank of New York...
Evidentiary Hearing on Suppression Requires a Concrete Factual Dispute—Failure to Contest Marijuana-Odor Probable Cause Defeats the Request Case: United States v. Clarence Gaffney (3d Cir. July 6,...
Third Circuit: A Suppression Hearing Requires a Concrete Factual Dispute, and Sentencing Error Requires “Actual Reliance” on Unreliable Allegations Introduction In United States v. Clarence Gaffney...
Ineffective Assistance Requires Outcome Prejudice Despite Defective Reasonable-Doubt Instructions; Recusal Claims Demand a Concrete Basis and Likely Effect Case: Daniel Lewis v. Superintendent...
“Manager or Supervisor” Under U.S.S.G. § 3B1.1(c) Means Oversight—And Application Note 4 Cannot Supply the Rule Absent Genuine Ambiguity Case: United States v. Timothy Riddy (3d Cir. July 1, 2026)...
No Separate 21 U.S.C. § 851(b) Hearing Required When the Defendant Is Advised and Admits the Prior Conviction at the Plea Proceeding (Anders Affirmance) 1. Introduction United States v. Naajeh Torres...
Section 851(b) Is Satisfied by an On-the-Record Admission at the Plea Hearing; No Separate Sentencing Hearing Is Required Absent a Request (in an Anders Appeal) Case: United States v. Naajeh Torres...
Third Circuit Rule: A Single Illegible Serial Number Triggers § 2K2.1(b)(4)(B)(i) Even If Another Serial Number Is Legible Case: United States v. Noah Craddock (3d Cir. July 1, 2026) Court: U.S....
Whole-Record Review to Sustain a Faretta Waiver When Pro Se Is Sought for Delay or Sandbagging I. Introduction In United States v. Zachary Williams, the Third Circuit confronted a recurring tension...
Intentional Omissions on IRS Forms 433-A/433-B Are Affirmative Acts of Tax Evasion (Third Circuit) 1. Introduction In United States v. Brandon Aumiller (3d Cir. July 1, 2026), the Third Circuit...
Ambiguity Between Guidelines “Departure” and “Variance” Requires Vacatur When It May Have Affected the Sentence 1. Introduction United States v. George Alexander is a Third Circuit sentencing appeal...
Third Circuit Establishes Two Key Rules: (1) Guns-for-Drugs Trades Are Per Se “Possession in Furtherance” Under 18 U.S.C. § 924(c); (2) Taylor’s Traditional Categorical Approach Governs “Felony Drug...