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  • Commentaries
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3d Circuit Case Commentaries

“Substance-over-Form” Direct Regulation:  The Third Circuit’s New Functional Test for Intergovernmental Immunity in CoreCivic Inc. v. Governor of New Jersey

“Substance-over-Form” Direct Regulation: The Third Circuit’s New Functional Test for Intergovernmental Immunity in CoreCivic Inc. v. Governor of New Jersey

Date: Jul 24, 2025
“Substance-over-Form” Direct Regulation: The Third Circuit’s New Functional Test for Intergovernmental Immunity in CoreCivic Inc. v. Governor of New Jersey 1. Introduction The United States Court of...
Patel v. Attorney General: Re-affirming the “Severe Harm + Relocation” Threshold in Political-Opinion Asylum Claims

Patel v. Attorney General: Re-affirming the “Severe Harm + Relocation” Threshold in Political-Opinion Asylum Claims

Date: Jul 24, 2025
Patel v. Attorney General: Re-affirming the “Severe Harm + Relocation” Threshold in Political-Opinion Asylum Claims Introduction Diptiben Dipakkumar Patel, her husband, and their minor son petitioned...
Continuous-Diligence Doctrine for Equitable Tolling in Immigration Appeals: A Commentary on Hernandez-Garcia v. Attorney General

Continuous-Diligence Doctrine for Equitable Tolling in Immigration Appeals: A Commentary on Hernandez-Garcia v. Attorney General

Date: Jul 24, 2025
Continuous-Diligence Doctrine for Equitable Tolling in Immigration Appeals Commentary on Rene Hernandez-Garcia v. Attorney General, United States (3d Cir., 22 July 2025) 1. Introduction The Third...
United States v. Cammarata: Defrauded Classes as Singular MVRA Victims and the Boundaries of Appellate Enhancement Without a Government Cross-Appeal

United States v. Cammarata: Defrauded Classes as Singular MVRA Victims and the Boundaries of Appellate Enhancement Without a Government Cross-Appeal

Date: Jul 24, 2025
United States v. Joseph Cammarata (3d Cir. 2025) – Commentary Introduction This Third Circuit decision grows out of a spectacular fraud perpetrated against hundreds of securities-class-action...
Strict Enforcement of Rule-16(b) Deadlines and Redressability of Declaratory Relief after Settlement: A Commentary on CBV Inc. v. ChanBond LLC

Strict Enforcement of Rule-16(b) Deadlines and Redressability of Declaratory Relief after Settlement: A Commentary on CBV Inc. v. ChanBond LLC

Date: Jul 23, 2025
Strict Enforcement of Rule-16(b) Deadlines and Redressability of Declaratory Relief after Settlement: A Commentary on CBV Inc. v. ChanBond LLC (3d Cir. 2025) Introduction The Third Circuit’s...
Specificity in BIA Notices of Appeal: The Third Circuit’s Clarification in Xitamul-Aguin

Specificity in BIA Notices of Appeal: The Third Circuit’s Clarification in Xitamul-Aguin

Date: Jul 23, 2025
Specificity in BIA Notices of Appeal: The Third Circuit’s Clarification in Maynor Xitamul-Aguin v. Attorney General 1. Introduction In Maynor Estuardo Xitamul-Aguin v. Attorney General of the United...
The McCarthy Causal-Link Doctrine: Third Circuit Clarifies Standing Requirements for Challenging DEA ALJ Removal Protections

The McCarthy Causal-Link Doctrine: Third Circuit Clarifies Standing Requirements for Challenging DEA ALJ Removal Protections

Date: Jul 23, 2025
The McCarthy Causal-Link Doctrine: Third Circuit Clarifies Standing Requirements for Challenging DEA ALJ Removal Protections Introduction In Stephen McCarthy v. Drug Enforcement Administration,...
United States v. Clark: The Third Circuit’s Recognition of “Odor-Masking Conduct” as a Stand-Alone Factor Creating Reasonable Suspicion

United States v. Clark: The Third Circuit’s Recognition of “Odor-Masking Conduct” as a Stand-Alone Factor Creating Reasonable Suspicion

Date: Jul 22, 2025
United States v. Clark: The Third Circuit’s Recognition of “Odor-Masking Conduct” as a Stand-Alone Factor Creating Reasonable Suspicion Introduction In United States v. Loren Clark, Jr., No. 24-1892...

    United States v. Guyton: The Third Circuit Adopts Plain-Error Review
    for Unpreserved § 851(b) Omissions and Expands the Definition of
    “Term of Imprisonment” under 21 U.S.C. § 802(58)

United States v. Guyton: The Third Circuit Adopts Plain-Error Review for Unpreserved § 851(b) Omissions and Expands the Definition of “Term of Imprisonment” under 21 U.S.C. § 802(58)

Date: Jul 22, 2025
United States v. Guyton: The Third Circuit Adopts Plain-Error Review for Unpreserved § 851(b) Omissions and Expands the Meaning of “Term of Imprisonment” for Serious-Drug-Felony Enhancements...
Consol Mining v. DOL: Third Circuit Affirms COPD-as-Pneumoconiosis Rule under the 15-Year Presumption

Consol Mining v. DOL: Third Circuit Affirms COPD-as-Pneumoconiosis Rule under the 15-Year Presumption

Date: Jul 12, 2025
Consol Mining v. United States Department of Labor (3d Cir. 2025): COPD Qualifies as Legal Pneumoconiosis Unless Specifically Rebutted Introduction Stanley D. Silk spent thirty-nine years underground...
“Circumstantial Tax Liability Evidence & Voir-Dire Discretion” – A Commentary on United States v. Jonathan Michael (3d Cir. 2025)

“Circumstantial Tax Liability Evidence & Voir-Dire Discretion” – A Commentary on United States v. Jonathan Michael (3d Cir. 2025)

Date: Jul 12, 2025
“Circumstantial Tax Liability Evidence & Voir-Dire Discretion” A Comprehensive Commentary on United States v. Jonathan Michael, 71 F.4th ___ (3d Cir. 2025) Introduction The Third Circuit’s...
Frazier v. Kuhn: Third Circuit Reaffirms that Alternative Religious Accommodations Defeat Likelihood of Success for Prisoner Preliminary Injunctions

Frazier v. Kuhn: Third Circuit Reaffirms that Alternative Religious Accommodations Defeat Likelihood of Success for Prisoner Preliminary Injunctions

Date: Jul 12, 2025
Frazier v. Kuhn: Third Circuit Reaffirms that Alternative Religious Accommodations Defeat Likelihood of Success for Prisoner Preliminary Injunctions 1. Introduction In Jasper Frazier v. Victoria L....
“No Grievance, No Federal Claim” – Third Circuit Clarifies that Temporary Grievance Filing Restrictions Do Not Excuse PLRA Exhaustion (Jackson v. Knapp, 2025)

“No Grievance, No Federal Claim” – Third Circuit Clarifies that Temporary Grievance Filing Restrictions Do Not Excuse PLRA Exhaustion (Jackson v. Knapp, 2025)

Date: Jul 12, 2025
“No Grievance, No Federal Claim” – Third Circuit Clarifies that Temporary Grievance Filing Restrictions Do Not Excuse PLRA Exhaustion (Commentary on Rhonshawn Jackson v. Knapp, 24-3183, 3d Cir. July...
“From Molestation-Pornography Nexus to Counsel Performance” – United States v. Galletta and the Expansive Reach of the Good-Faith Exception

“From Molestation-Pornography Nexus to Counsel Performance” – United States v. Galletta and the Expansive Reach of the Good-Faith Exception

Date: Jul 12, 2025
“From Molestation-Pornography Nexus to Counsel Performance” – United States v. Galletta and the Expansive Reach of the Good-Faith Exception 1. Introduction The Third Circuit’s not-precedential...
Clarifying the Wealth-Versus-Family Nexus in Persecution Claims – A Commentary on Wilde Olivares-Arteaga v. Attorney General (3d Cir. 2025)

Clarifying the Wealth-Versus-Family Nexus in Persecution Claims – A Commentary on Wilde Olivares-Arteaga v. Attorney General (3d Cir. 2025)

Date: Jul 12, 2025
Clarifying the Wealth-Versus-Family Nexus in Persecution Claims A Detailed Commentary on Wilde Olivares-Arteaga v. Attorney General United States, 3d Cir. July 9 2025 1. Introduction Wilde Daniel...
“Same-Day Medical Emergencies & Last-Chance Agreements” — The Third Circuit’s Guidance on FMLA Notice in Walker v. SEPTA

“Same-Day Medical Emergencies & Last-Chance Agreements” — The Third Circuit’s Guidance on FMLA Notice in Walker v. SEPTA

Date: Jul 11, 2025
“Same-Day Medical Emergencies & Last-Chance Agreements” — The Third Circuit’s Guidance on FMLA Notice in Walker v. SEPTA Introduction The Third Circuit’s non-precedential opinion in Isaiah Walker v....
Presence-Only Standing & Non-Element Evidence: Third Circuit Narrows Fourth Amendment Standing and Constructive Amendment in § 1956(h) Conspiracies – Commentary on United States v. Alan Womack (3d Cir. 2025)

Presence-Only Standing & Non-Element Evidence: Third Circuit Narrows Fourth Amendment Standing and Constructive Amendment in § 1956(h) Conspiracies – Commentary on United States v. Alan Womack (3d Cir. 2025)

Date: Jul 11, 2025
Presence-Only Standing & Non-Element Evidence: Third Circuit Narrows Fourth Amendment Standing and Constructive Amendment in § 1956(h) Conspiracies – Commentary on United States v. Womack (3d Cir....

        Clarifying “Exceptional and Extremely Unusual Hardship” and Domestic Relocation under CAT:
        A Commentary on Perez-Gonzalez v. Attorney General, 2025

Clarifying “Exceptional and Extremely Unusual Hardship” and Domestic Relocation under CAT: A Commentary on Perez-Gonzalez v. Attorney General, 2025

Date: Jul 10, 2025
Clarifying “Exceptional and Extremely Unusual Hardship” and Domestic Relocation under CAT: A Comprehensive Commentary on Jose Leopoldo Perez-Gonzalez v. Attorney General, United States (3d Cir. 2025)...
“Proving Under-Payment, Not Merely Under-Valuation” – The Third Circuit’s New Predominance Benchmark in Drummond v. Progressive

“Proving Under-Payment, Not Merely Under-Valuation” – The Third Circuit’s New Predominance Benchmark in Drummond v. Progressive

Date: Jul 10, 2025
“Proving Under-Payment, Not Merely Under-Valuation” – The Third Circuit’s New Predominance Benchmark in Drummond v. Progressive 1. Introduction The Third Circuit’s precedential opinion in Leon...
Regulatory Background Checks & Municipal Liability: Lessons from Teo Johnson v. City of Clifton (3d Cir. 2025)

Regulatory Background Checks & Municipal Liability: Lessons from Teo Johnson v. City of Clifton (3d Cir. 2025)

Date: Jul 10, 2025
Regulatory Background Checks & Municipal Liability: Teo Johnson v. City of Clifton and the Third Circuit’s Clarification of §1983 Limits Introduction In Teo Johnson v. City of Clifton, No. 23-2550...
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