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  • Commentaries
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3d Circuit Case Commentaries

“Curtilage Reviewed Anew” – United States v. Ronell Moses, Jr. and the Third Circuit’s Shift to De-Novo Curtilage Review

“Curtilage Reviewed Anew” – United States v. Ronell Moses, Jr. and the Third Circuit’s Shift to De-Novo Curtilage Review

Date: Jul 5, 2025
“Curtilage Reviewed Anew” – United States v. Ronell Moses, Jr. and the Third Circuit’s Shift to De-Novo Curtilage Review 1. Introduction United States v. Ronell Moses, Jr., No. 23-3078 (3d Cir. July...
United States v. Sanchez-LaPorte: Reaffirming the Enforceability of Appeal Waivers in Anders Appeals

United States v. Sanchez-LaPorte: Reaffirming the Enforceability of Appeal Waivers in Anders Appeals

Date: Jul 4, 2025
United States v. Sanchez-LaPorte: Reaffirming the Enforceability of Appeal Waivers in Anders Appeals Introduction United States v. Pedro Sanchez-LaPorte (3d Cir. July 2, 2025) is an unpublished...
Hackman v. InductEV: The Third Circuit Reinforces Evidentiary Specificity and Record-Citation Duties in Pro Se Employment Discrimination Appeals

Hackman v. InductEV: The Third Circuit Reinforces Evidentiary Specificity and Record-Citation Duties in Pro Se Employment Discrimination Appeals

Date: Jul 3, 2025
Hackman v. InductEV: The Third Circuit Reinforces Evidentiary Specificity and Record-Citation Duties in Pro Se Employment Discrimination Appeals 1. Introduction Assata Acey Hackman, a former...

        “Deceit by Definition” – Third Circuit Holds that a Conviction under 18 U.S.C. § 287 Is
        Categorically an Aggravated Felony Involving Deceit and Bars a Retroactive INA § 212(h) Waiver

“Deceit by Definition” – Third Circuit Holds that a Conviction under 18 U.S.C. § 287 Is Categorically an Aggravated Felony Involving Deceit and Bars a Retroactive INA § 212(h) Waiver

Date: Jul 3, 2025
“Deceit by Definition” – Third Circuit Holds that a Conviction under 18 U.S.C. § 287 Is Categorically an Aggravated Felony Involving Deceit and Bars a Retroactive INA § 212(h) Waiver 1. Introduction...
Third Circuit Abolishes “Subordination” and “Animus” Tests for Asylum Nexus and Re-focuses CAT Acquiescence on State Capability – Commentary on Hector Tipan Lopez v. Attorney General (3d Cir. 2025)

Third Circuit Abolishes “Subordination” and “Animus” Tests for Asylum Nexus and Re-focuses CAT Acquiescence on State Capability – Commentary on Hector Tipan Lopez v. Attorney General (3d Cir. 2025)

Date: Jul 3, 2025
Third Circuit Abolishes “Subordination” and “Animus” Tests for Asylum Nexus and Re-focuses CAT Acquiescence on State Capability Commentary on Hector Tipan Lopez v. Attorney General of the United...
The “Rosa Rule” – 404(b) Floodgates and Ineffective Assistance of Counsel under Strickland

The “Rosa Rule” – 404(b) Floodgates and Ineffective Assistance of Counsel under Strickland

Date: Jul 3, 2025
The “Rosa Rule” – 404(b) Floodgates and Ineffective Assistance of Counsel under Strickland Introduction In Kelvin Rosa v. Administrator East Jersey State Prison, the United States Court of Appeals...

        “Any Removal Proceedings” Includes IJ Review of Negative Reasonable-Fear Findings:
        The Third Circuit Recognises a Statutory Right to Counsel Under 8 U.S.C. §1362

“Any Removal Proceedings” Includes IJ Review of Negative Reasonable-Fear Findings: The Third Circuit Recognises a Statutory Right to Counsel Under 8 U.S.C. §1362

Date: Jun 29, 2025
“Any Removal Proceedings” Includes IJ Review of Negative Reasonable-Fear Findings: The Third Circuit Recognises a Statutory Right to Counsel Under 8 U.S.C. § 1362 1. Introduction In Adalberto...
“Made-Available” Value & the Meaning of “Clear-Sailing”: A Comprehensive Commentary on In re Wawa, Inc. Data Security Litigation (3d Cir. 2025)

“Made-Available” Value & the Meaning of “Clear-Sailing”: A Comprehensive Commentary on In re Wawa, Inc. Data Security Litigation (3d Cir. 2025)

Date: Jun 29, 2025
“Made-Available” Value & the Meaning of “Clear-Sailing” A Comprehensive Commentary on In re Wawa, Inc. Data Security Litigation (3d Cir. 2025) 1. Introduction The Third Circuit’s precedential opinion...
“Speak Now or Lose Later” – The Third Circuit’s Firm Stance on Appellate Forfeiture and FTCA Timeliness in Manivannan v. Department of Energy

“Speak Now or Lose Later” – The Third Circuit’s Firm Stance on Appellate Forfeiture and FTCA Timeliness in Manivannan v. Department of Energy

Date: Jun 27, 2025
“Speak Now or Lose Later” – The Third Circuit’s Firm Stance on Appellate Forfeiture and FTCA Timeliness in Manivannan v. Department of Energy 1. Introduction Ayyakkannu Manivannan, a former materials...
Clarifying the Threshold for Court-Appointed Counsel and Pleading Specificity in Pro Se Litigation: A Commentary on Weems v. City of Philadelphia (3d Cir. 2025)

Clarifying the Threshold for Court-Appointed Counsel and Pleading Specificity in Pro Se Litigation: A Commentary on Weems v. City of Philadelphia (3d Cir. 2025)

Date: Jun 27, 2025
Clarifying the Threshold for Court-Appointed Counsel and Pleading Specificity in Pro Se Litigation: A Commentary on Weems v. City of Philadelphia (3d Cir. 2025) 1. Introduction Weems v. City of...
Post-Removal Settlement Offers Do Not Defeat Diversity Jurisdiction – A Commentary on Sergei Kovalev v. WalMart Inc. (3d Cir. 2025)

Post-Removal Settlement Offers Do Not Defeat Diversity Jurisdiction – A Commentary on Sergei Kovalev v. WalMart Inc. (3d Cir. 2025)

Date: Jun 27, 2025
Post-Removal Settlement Offers Do Not Defeat Diversity Jurisdiction: In-Depth Commentary on Sergei Kovalev v. WalMart Inc. (3d Cir. 2025) 1. Introduction The United States Court of Appeals for the...
“No Party, No Standing” – The Third Circuit’s Clarification on Contractual Standing for County Election Boards

“No Party, No Standing” – The Third Circuit’s Clarification on Contractual Standing for County Election Boards

Date: Jun 25, 2025
“No Party, No Standing” – The Third Circuit’s Clarification on Contractual Standing for County Election Boards Introduction Fulton County v. Dominion Voting Systems Inc. (3d Cir. No. 24-2771, 23 June...

The “Holistic-Meyers” Revival and a Refined Wright-Line Remand: A Commentary on Miller Plastic Products Inc v. NLRB

The “Holistic-Meyers” Revival and a Refined Wright-Line Remand: A Commentary on Miller Plastic Products Inc v. NLRB

Date: Jun 25, 2025
The “Holistic-Meyers” Revival and a Refined Wright-Line Remand: Commentary on Miller Plastic Products Inc v. NLRB (3d Cir. 2025) 1. Introduction On 23 June 2025, the United States Court of Appeals...
“Beyond the Alstate Checklist” — The Third Circuit Re-embraces a Holistic Test for Concerted Activity after Loper Bright (Commentary on NLRB v. Miller Plastic Products Inc.)

“Beyond the Alstate Checklist” — The Third Circuit Re-embraces a Holistic Test for Concerted Activity after Loper Bright (Commentary on NLRB v. Miller Plastic Products Inc.)

Date: Jun 25, 2025
“Beyond the Alstate Checklist” — The Third Circuit Re-embraces a Holistic Test for Concerted Activity after Loper Bright Commentary on NLRB v. Miller Plastic Products Inc., 2025 1. Introduction...
When Consideration Fails: Third Circuit Recognises Rescission of Settlement Agreements Where a Dependent Covenant Is Breached

When Consideration Fails: Third Circuit Recognises Rescission of Settlement Agreements Where a Dependent Covenant Is Breached

Date: Jun 25, 2025
When Consideration Fails: Third Circuit Recognises Rescission of Settlement Agreements Where a Dependent Covenant Is Breached 1. Introduction Point Blank Protective Apparel & Uniforms LLC (“Point...
Third Circuit Reaffirms “No Fundamental Right to Refuse a COVID-19 Vaccine in Public Employment” – Commentary on Cuttler v. Allegheny County

Third Circuit Reaffirms “No Fundamental Right to Refuse a COVID-19 Vaccine in Public Employment” – Commentary on Cuttler v. Allegheny County

Date: Jun 23, 2025
Third Circuit Reaffirms “No Fundamental Right to Refuse a COVID-19 Vaccine in Public Employment” – Commentary on Cuttler v. Allegheny County (3d Cir. 2025) 1. Introduction Jeffrey L. Cuttler, a...
From Zoning Grievance to Constitutional Claim: The Third Circuit Re-frames the “Conscience-Shocking” Test in Routine Land-Use Disputes

From Zoning Grievance to Constitutional Claim: The Third Circuit Re-frames the “Conscience-Shocking” Test in Routine Land-Use Disputes

Date: Jun 20, 2025
From Zoning Grievance to Constitutional Claim: The Third Circuit Re-frames the “Conscience-Shocking” Test in Routine Land-Use Disputes 1. Introduction John Seitz IV and his company, Hickory Hill...
Crandall v. McDonough: Confirming that District Courts Lack Jurisdiction over Stand-Alone Whistleblower Protection Act Claims

Crandall v. McDonough: Confirming that District Courts Lack Jurisdiction over Stand-Alone Whistleblower Protection Act Claims

Date: Jun 20, 2025
Crandall v. McDonough: Confirming that District Courts Lack Jurisdiction over Stand-Alone Whistleblower Protection Act Claims 1. Introduction In Kenneth Crandall v. Denis McDonough, the United States...
Clarifying the Evidentiary Threshold for “Exceptional and Extremely Unusual Hardship” Post-Wilkinson – Commentary on Luis Tubon Guangatal v. Attorney General (3d Cir. 2025)

Clarifying the Evidentiary Threshold for “Exceptional and Extremely Unusual Hardship” Post-Wilkinson – Commentary on Luis Tubon Guangatal v. Attorney General (3d Cir. 2025)

Date: Jun 20, 2025
Clarifying the Evidentiary Threshold for “Exceptional and Extremely Unusual Hardship” Post-Wilkinson Commentary on Luis Tubon Guangatal v. Attorney General (3d Cir. 2025) 1. Introduction The Third...
“Too Soon for Immunity” –  Third Circuit Clarifies that Qualified-Immunity Motions to Dismiss Must Fail When the Complaint States a Plausible Constitutional Violation but Lacks Facts to Assess “Clearly Established” Law

“Too Soon for Immunity” – Third Circuit Clarifies that Qualified-Immunity Motions to Dismiss Must Fail When the Complaint States a Plausible Constitutional Violation but Lacks Facts to Assess “Clearly Established” Law

Date: Jun 20, 2025
“Too Soon for Immunity” – Third Circuit Clarifies that Qualified-Immunity Motions to Dismiss Must Fail When the Complaint States a Plausible Constitutional Violation but Lacks Facts to Assess...
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