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  • Commentaries
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3d Circuit Case Commentaries

Shepard Documents and Forfeiture in Career-Offender Sentencing: United States v. Payo

Shepard Documents and Forfeiture in Career-Offender Sentencing: United States v. Payo

Date: Apr 29, 2025
Shepard Documents and Forfeiture in Career-Offender Sentencing: United States v. Payo Introduction This commentary examines the Third Circuit’s decision in United States v. David Payo (No. 19-1631,...
Atypical and Significant Hardship Standard Bars Inmate Due Process Claims for Segregation, Parole, and Job Loss

Atypical and Significant Hardship Standard Bars Inmate Due Process Claims for Segregation, Parole, and Job Loss

Date: Apr 29, 2025
Atypical and Significant Hardship Standard Bars Inmate Due Process Claims for Segregation, Parole, and Job Loss Introduction This commentary examines the Third Circuit’s April 28, 2025 per curiam...
Dooley v. Wetzel: Personal Knowledge and Deliberate Indifference in Prison Classification Claims

Dooley v. Wetzel: Personal Knowledge and Deliberate Indifference in Prison Classification Claims

Date: Apr 29, 2025
Dooley v. Wetzel: Personal Knowledge and Deliberate Indifference in Prison Classification Claims Introduction Casey Dooley, a Pennsylvania inmate found “guilty but mentally ill” (GBMI) in 2002,...
Clarifying Parental IDEA Enforcement Rights and Limits of Pro Se Representation: J.B. v. Quakertown Community School District

Clarifying Parental IDEA Enforcement Rights and Limits of Pro Se Representation: J.B. v. Quakertown Community School District

Date: Apr 29, 2025
Clarifying Parental IDEA Enforcement Rights and Limits of Pro Se Representation J.B. v. Quakertown Community School District, 3d Cir. No. 24-2308 (Apr. 28, 2025) Introduction J.R.B. (“Boyer”),...
Accommodations Not Altered Scoring: Clarifying ADA § 309 in Zangara v. NBME

Accommodations Not Altered Scoring: Clarifying ADA § 309 in Zangara v. NBME

Date: Apr 29, 2025
Accommodations Not Altered Scoring: Clarifying ADA § 309 in Zangara v. NBME 1. Introduction This commentary examines the Third Circuit’s decision in Jason Zangara v. National Board of Medical...
Clarifying Probable Cause and Seizure Elements in §1983 Malicious Prosecution Claims

Clarifying Probable Cause and Seizure Elements in §1983 Malicious Prosecution Claims

Date: Apr 29, 2025
Clarifying Probable Cause and Seizure Elements in §1983 Malicious Prosecution Claims Introduction In Theresa Maria Laws v. Borough of Lansdale, the United States Court of Appeals for the Third...
Limits on Casino Liability to Compulsive Gamblers under New Jersey Law

Limits on Casino Liability to Compulsive Gamblers under New Jersey Law

Date: Apr 29, 2025
Limits on Casino Liability to Compulsive Gamblers under New Jersey Law Introduction In Sam Antar v. BetMGM LLC, 3d Cir. No. 24-1364 (Apr. 28, 2025), the Third Circuit addressed for the first time the...
ADA Section 309 Requires Accessible Examination Procedures, Not Score‐ Adjustment Mandates

ADA Section 309 Requires Accessible Examination Procedures, Not Score‐ Adjustment Mandates

Date: Apr 29, 2025
ADA Section 309 Requires Accessible Examination Procedures, Not Score‐Adjustment Mandates Introduction Jason Zangara v. National Board of Medical Examiners is a consolidated appeal decided by the...
TransUnion Standard Applied to NVRA: Informational Injury Requires Concrete Downstream Harm

TransUnion Standard Applied to NVRA: Informational Injury Requires Concrete Downstream Harm

Date: Apr 26, 2025
TransUnion Standard Applied to NVRA: Informational Injury Requires Concrete Downstream Harm Introduction The Public Interest Legal Foundation v. Secretary, Commonwealth of Pennsylvania is a Third...
Mootness of Reversed §7345 Certifications and Tax Court Jurisdictional Boundaries

Mootness of Reversed §7345 Certifications and Tax Court Jurisdictional Boundaries

Date: Apr 26, 2025
Mootness of Reversed §7345 Certifications and Tax Court Jurisdictional Boundaries Introduction Zia Shaikh v. Commissioner of Internal Revenue, No. 25-1215 (3d Cir. Apr. 25, 2025), presents a...
Concrete Downstream Consequences Required for Informational Injury Standing Under NVRA

Concrete Downstream Consequences Required for Informational Injury Standing Under NVRA

Date: Apr 26, 2025
Concrete Downstream Consequences Required for Informational Injury Standing Under NVRA Introduction The Third Circuit’s decision in Public Interest Legal Foundation v. Secretary Commonwealth of...
Affirmative Defenses Do Not Undermine Probable Cause in § 3503(b) Defiant Trespass Arrests

Affirmative Defenses Do Not Undermine Probable Cause in § 3503(b) Defiant Trespass Arrests

Date: Apr 26, 2025
Affirmative Defenses Do Not Undermine Probable Cause in § 3503(b) Defiant Trespass Arrests Introduction This commentary examines the Third Circuit’s decision in Edwin Soto‐Santana v. Stephan Wengen,...
Informational Injury Standing Under the NVRA Requires Concrete Downstream Consequences

Informational Injury Standing Under the NVRA Requires Concrete Downstream Consequences

Date: Apr 26, 2025
Informational Injury Standing Under the NVRA Requires Concrete Downstream Consequences Introduction In Public Interest Legal Foundation v. Secretary Commonwealth of Pennsylvania, 3d Cir. Nos....
Credibility and Substantial Evidence Standards in LHWCA Disability Determinations

Credibility and Substantial Evidence Standards in LHWCA Disability Determinations

Date: Apr 25, 2025
Credibility and Substantial Evidence Standards in LHWCA Disability Determinations Introduction This commentary examines the Third Circuit’s decision in Global Terminal & Container Services, Inc. v....
Equitable Enforcement of Bankruptcy Fee-Disclosure Requirements and Core Jurisdiction Affirmed in In re Aquilino

Equitable Enforcement of Bankruptcy Fee-Disclosure Requirements and Core Jurisdiction Affirmed in In re Aquilino

Date: Apr 25, 2025
Equitable Enforcement of Bankruptcy Fee-Disclosure Requirements and Core Jurisdiction Affirmed in In re Aquilino Introduction In In re: Louie Joseph Aquilino and Robin Aquilino, Nos. 24-1781, 24-1782...
Waiver of Sixth Amendment Right to Counsel by Repeated Conflict-Driven Conduct

Waiver of Sixth Amendment Right to Counsel by Repeated Conflict-Driven Conduct

Date: Apr 25, 2025
Waiver of Sixth Amendment Right to Counsel by Repeated Conflict-Driven Conduct Introduction United States v. Omar Morales Colon (3rd Cir. Apr. 24, 2025) addresses the narrow but vital question of...
Waiver of Sixth Amendment Right to Counsel by Conduct: Clarifications from United States v. Omar Colon

Waiver of Sixth Amendment Right to Counsel by Conduct: Clarifications from United States v. Omar Colon

Date: Apr 25, 2025
Waiver of Sixth Amendment Right to Counsel by Conduct: Clarifications from United States v. Omar Colon Introduction United States v. Omar Colon, decided on April 24, 2025 by a panel of the Third...
United States v. Williams: Reinforcing the Plain-Feel Doctrine in Protective Pat-Downs

United States v. Williams: Reinforcing the Plain-Feel Doctrine in Protective Pat-Downs

Date: Apr 24, 2025
United States v. Williams: Reinforcing the Plain-Feel Doctrine in Protective Pat-Downs Introduction United States v. Edwin Williams, 3d Cir. No. 23-1494 (Apr. 23, 2025), arises from a traffic stop in...
Specific-Intent Requirement Bars Tort Claim for Refusal to Provide Affidavit of Merit

Specific-Intent Requirement Bars Tort Claim for Refusal to Provide Affidavit of Merit

Date: Apr 24, 2025
Specific-Intent Requirement Bars Tort Claim for Refusal to Provide Affidavit of Merit Introduction Harold R. Berk, a retired attorney, appealed the dismissal of his suit against the Rothman Institute...
Smartphones Are “Computers” Under U.S.S.G. §2G2.2(b)(6): Third Circuit Clarifies Digital-Format Enhancement

Smartphones Are “Computers” Under U.S.S.G. §2G2.2(b)(6): Third Circuit Clarifies Digital-Format Enhancement

Date: Apr 23, 2025
Smartphones Are “Computers” Under U.S.S.G. §2G2.2(b)(6): Third Circuit Clarifies Digital-Format Enhancement Introduction United States v. Randal Wise, 24-2460 (3d Cir. Apr. 22, 2025), presents a...
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