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  • Commentaries
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3d Circuit Case Commentaries

Norton v. Adams: Narrowing the Path for Federal Injunctions of State Foreclosure Sales under the Anti-Injunction Act

Norton v. Adams: Narrowing the Path for Federal Injunctions of State Foreclosure Sales under the Anti-Injunction Act

Date: Aug 5, 2025
Norton v. Adams: Narrowing the Path for Federal Injunctions of State Foreclosure Sales under the Anti-Injunction Act Introduction In Bruce Norton v. Joseph C. Adams, No. 25-2361 (3d Cir. Aug. 1...
Empowering the Jury: Third Circuit Clarifies When Expert Causation Testimony Is Unnecessary in Pennsylvania Products-Liability Litigation

Empowering the Jury: Third Circuit Clarifies When Expert Causation Testimony Is Unnecessary in Pennsylvania Products-Liability Litigation

Date: Aug 5, 2025
Empowering the Jury: Third Circuit Clarifies When Expert Causation Testimony Is Unnecessary in Pennsylvania Products-Liability Litigation I. Introduction In Keith Slatowski v. Sig Sauer Inc., No....
Ownership Alone Is Not Command: Third Circuit Clarifies “Person in Charge” Standard Under 18 U.S.C. § 2237(a)(1)

Ownership Alone Is Not Command: Third Circuit Clarifies “Person in Charge” Standard Under 18 U.S.C. § 2237(a)(1)

Date: Aug 5, 2025
Ownership Alone Is Not Command: Third Circuit Clarifies “Person in Charge” Standard Under 18 U.S.C. § 2237(a)(1) 1. Introduction United States v. Jorge Romero-Amaro (3d Cir. 2025) addresses a...
Third Circuit Narrows the Reach of PHRA’s “Best Able and Most Competent” Clause and Raises the Bar for Certified Questions

Third Circuit Narrows the Reach of PHRA’s “Best Able and Most Competent” Clause and Raises the Bar for Certified Questions

Date: Aug 5, 2025
Third Circuit Narrows the Reach of PHRA’s “Best Able and Most Competent” Clause and Raises the Bar for Certified Questions Introduction The decision in Pamela Kern v. DAS Companies Inc. (3d Cir. No....

        Third Circuit Declares “Non-Renewal” Clauses That Waive NJFPA Protections Unenforceable:
        Commentary on Scion Hotels LLC v. Holiday Hospitality Franchising LLC

Third Circuit Declares “Non-Renewal” Clauses That Waive NJFPA Protections Unenforceable: Commentary on Scion Hotels LLC v. Holiday Hospitality Franchising LLC

Date: Aug 5, 2025
Third Circuit Declares “Non-Renewal” Clauses That Waive NJFPA Protections Unenforceable: Commentary on Scion Hotels LLC v. Holiday Hospitality Franchising LLC, No. 24-2800 (3d Cir. 2025) 1....
No Spill-Over Prestige: Third Circuit Clarifies Article III Standing in Rankings-Fraud Suits – Comment on Budet v. Rutgers Business School (3d Cir. 2025)

No Spill-Over Prestige: Third Circuit Clarifies Article III Standing in Rankings-Fraud Suits – Comment on Budet v. Rutgers Business School (3d Cir. 2025)

Date: Aug 2, 2025
No Spill-Over Prestige: Third Circuit Clarifies Article III Standing in Rankings-Fraud Suits – Comment on Budet v. Rutgers Business School (3d Cir. 2025) 1. Introduction In Budet v. Rutgers Business...
Third Circuit Clarifies the Scope of Rule 32(i)(1)(C) Notice Obligations — Commentary on United States v. Montas

Third Circuit Clarifies the Scope of Rule 32(i)(1)(C) Notice Obligations — Commentary on United States v. Montas

Date: Aug 2, 2025
Third Circuit Clarifies the Scope of Rule 32(i)(1)(C) Notice Obligations: United States v. Juan Montas Introduction United States v. Juan Montas, No. 24-1851 (3d Cir. July 30 2025), presented a...
Clarifying AEDPA’s “Clearly Established Law” Threshold: No Automatic Prejudice for Counsel’s Failure to Strike a Biased Juror – Commentary on Daniel Stoffa v. Michael Zaken (3d Cir. 2025)

Clarifying AEDPA’s “Clearly Established Law” Threshold: No Automatic Prejudice for Counsel’s Failure to Strike a Biased Juror – Commentary on Daniel Stoffa v. Michael Zaken (3d Cir. 2025)

Date: Aug 2, 2025
Clarifying AEDPA’s “Clearly Established Law” Threshold: No Automatic Prejudice for Counsel’s Failure to Strike a Biased Juror Commentary on Daniel Stoffa v. Michael Zaken, No. 24-1638 (3d Cir. July...
Constructive Notice Suffices: Third Circuit Affirms No Due-Process Right to Personal Notice of the Asylum One-Year Deadline and Confirms Non-Reviewability of “Extraordinary Circumstances” Findings

Constructive Notice Suffices: Third Circuit Affirms No Due-Process Right to Personal Notice of the Asylum One-Year Deadline and Confirms Non-Reviewability of “Extraordinary Circumstances” Findings

Date: Aug 2, 2025
Constructive Notice Suffices: Third Circuit Affirms No Due-Process Right to Personal Notice of the Asylum One-Year Deadline and Confirms Non-Reviewability of “Extraordinary Circumstances” Findings...
From “Newly Public” to “Newly Significant” – The Third Circuit Refines Price-Impact Rebuttal Under the Inflation-Maintenance Theory

From “Newly Public” to “Newly Significant” – The Third Circuit Refines Price-Impact Rebuttal Under the Inflation-Maintenance Theory

Date: Aug 2, 2025
From “Newly Public” to “Newly Significant” – The Third Circuit Refines Price-Impact Rebuttal Under the Inflation-Maintenance Theory 1. Introduction In San Diego County Employees Retirement...
Beyond the Orchard: The Third Circuit Extends Jarkesy’s Article III Limitations to Department of Labor H-2A Enforcement

Beyond the Orchard: The Third Circuit Extends Jarkesy’s Article III Limitations to Department of Labor H-2A Enforcement

Date: Jul 31, 2025
Beyond the Orchard: The Third Circuit Extends Jarkesy’s Article III Limitations to Department of Labor H-2A Enforcement Introduction In Sun Valley Orchards LLC v. United States Department of Labor,...
Reinforcing Federal Court Discretion Under the Declaratory Judgment Act in the Face of Conclusory Pleadings and Parallel State Proceedings – Commentary on Michael Miller v. County of Lancaster (3d Cir. 2025)

Reinforcing Federal Court Discretion Under the Declaratory Judgment Act in the Face of Conclusory Pleadings and Parallel State Proceedings – Commentary on Michael Miller v. County of Lancaster (3d Cir. 2025)

Date: Jul 30, 2025
Reinforcing Federal Court Discretion Under the Declaratory Judgment Act in the Face of Conclusory Pleadings and Parallel State Proceedings Commentary on Michael Miller v. County of Lancaster, No....
United States v. Carey: “Prior Sentence” Includes Post-Conviction, Pre-Resentencing Terms & Other Lessons on Limited Remand

United States v. Carey: “Prior Sentence” Includes Post-Conviction, Pre-Resentencing Terms & Other Lessons on Limited Remand

Date: Jul 30, 2025
United States v. Carey: “Prior Sentence” Includes Post-Conviction, Pre-Resentencing Terms & Other Lessons on Limited Remand Introduction United States v. Damon Todd Carey (3d Cir. July 25 2025)...
“No Resurrection by Silence” – Third Circuit Clarifies that a BIA Summary Affirmance Does Not Cure Failure to Exhaust

“No Resurrection by Silence” – Third Circuit Clarifies that a BIA Summary Affirmance Does Not Cure Failure to Exhaust

Date: Jul 30, 2025
“No Resurrection by Silence” – Third Circuit Clarifies that a BIA Summary Affirmance Does Not Cure Failure to Exhaust Introduction In A. G.-G. v. Attorney General United States of America, No....
Gentles v. Borough of Pottstown: Third Circuit Re-Affirms the Limits of Terry Stops Predicated on Anonymous Tips and Clarifies the Treatment of “Self-Serving” Affidavits at Summary Judgment

Gentles v. Borough of Pottstown: Third Circuit Re-Affirms the Limits of Terry Stops Predicated on Anonymous Tips and Clarifies the Treatment of “Self-Serving” Affidavits at Summary Judgment

Date: Jul 30, 2025
Gentles v. Borough of Pottstown: Third Circuit Re-Affirms the Limits of Terry Stops Predicated on Anonymous Tips and Clarifies the Treatment of “Self-Serving” Affidavits at Summary Judgment...
Finality over Frustration: The Third Circuit’s Re-affirmation of Res Judicata and the Limits of Civil-Rights Liability for Private Attorneys

Finality over Frustration: The Third Circuit’s Re-affirmation of Res Judicata and the Limits of Civil-Rights Liability for Private Attorneys

Date: Jul 30, 2025
Finality over Frustration: The Third Circuit’s Re-affirmation of Res Judicata and the Limits of Civil-Rights Liability for Private Attorneys Introduction Thomas I. Gage, a pro se litigant and...
Sentence-Reduction Denials Under § 3582(c)(2) Are Not “Upward Variances”: Commentary on United States v. Julio Suarez (3d Cir. 2025)

Sentence-Reduction Denials Under § 3582(c)(2) Are Not “Upward Variances”: Commentary on United States v. Julio Suarez (3d Cir. 2025)

Date: Jul 30, 2025
Sentence-Reduction Denials Under § 3582(c)(2) Are Not “Upward Variances” A Comprehensive Commentary on United States v. Julio Suarez, 69 F.4th ___ (3d Cir. 2025) 1. Introduction In United States v....
“Personhood Without Piety” – The Third Circuit Affirms RFRA and Free-Exercise Protection for Non-Religious Entities in United States v. Safehouse

“Personhood Without Piety” – The Third Circuit Affirms RFRA and Free-Exercise Protection for Non-Religious Entities in United States v. Safehouse

Date: Jul 30, 2025
“Personhood Without Piety” – The Third Circuit Affirms RFRA and Free-Exercise Protection for Non-Religious Entities in United States v. Safehouse Introduction United States v. Safehouse, No. 24-2027...
United States v. Gregory: Harmless-Error Treatment of § 3553(a)(6) Omissions and Deference to Major Upward Variances for “Mirror-Image” Recidivism

United States v. Gregory: Harmless-Error Treatment of § 3553(a)(6) Omissions and Deference to Major Upward Variances for “Mirror-Image” Recidivism

Date: Jul 25, 2025
United States v. Gregory: Harmless-Error Treatment of § 3553(a)(6) Omissions and Deference to Major Upward Variances for “Mirror-Image” Recidivism Introduction United States v. Antuane Gregory,...
“Specificity Over Abstraction” – The Third Circuit’s Clarification of Clearly-Established Law in Qualified-Immunity Cases (Urda v. Sokso, 2025)

“Specificity Over Abstraction” – The Third Circuit’s Clarification of Clearly-Established Law in Qualified-Immunity Cases (Urda v. Sokso, 2025)

Date: Jul 24, 2025
“Specificity Over Abstraction” – The Third Circuit’s Clarification of Clearly-Established Law in Qualified-Immunity Cases (Adam Urda v. Jeffrey Sokso, 68 F.4th ___, 3d Cir. 2025) 1. Introduction Adam...
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