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 Introduction In United States v. Robert Thompson (3d Cir. June 10, 2026) (not precedential),...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...
“Federal Inmate” Is an Element, Not a Jurisdictional Prerequisite, and Retroactive Amendment 821 Requires Resentencing by Removing Status Points 1. Introduction In United States v. Manuel Guillermo...
CFDBPA Limited to Consumer Transactions; Cybersecurity Risk Fear Alone Lacks Article III Standing; Utility Disconnection Process Satisfies Due Process When Meaningful Review Exists Case: Gordon...
Consecutive Federal Sentences for Offenses Committed on State Parole Are Reasonable Under U.S.S.G. § 5G1.3(d) When the Court Adequately Addresses § 3553(a) Introduction In United States v. Kevin...
Bivens Will Not Extend to Post-Assault “Failure-to-Treat” Claims Intertwined with Prison Security; FTCA Accrual Turns on Inquiry Notice and Tolling Requires Diligence Introduction In Lyasia N....
CFDBPA Confined to Consumer Transactions; Speculative Cybersecurity Risk Cannot Establish Article III Standing; Utility Shutoff Due Process Satisfied by Notice and Meaningful Bill-Dispute Procedures...
Actual Notice + No Self-Help: Civil Contempt for Extending a Non-Preclusive Bankruptcy Dictum to New Property Liens Case: In re: Milton Thomas, No. 24-1861 (3d Cir. June 9, 2026) Court: U.S. Court of...
Appraisal Payment May Moot the Contract Claim, But “Breach” Still Goes to the Jury as an Element of Virgin Islands Bad Faith 1. Introduction RLF Nazareth LLC v. York RSG (International) Limited;...