Constructive Possession Proven by Coordinated Flight, Bag-Handling, and DNA Evidence; Co-Defendant Disparity Claims Fail Where Defendants Are Not Similarly Situated 1. Introduction In United States...
Constructive Possession May Be Proved by Flight, Coordinated Concealment, Video Identification, and DNA—And § 3553(a)(6) Does Not Require Co‑Defendant Parity 1. Introduction United States v. Kenan...
Constructive Possession in Firearm Cases: Flight, Coordinated Concealment, and DNA Evidence Can Surpass “Mere Proximity” (Third Circuit, Nonprecedential) I. Introduction In United States v. Kenan...
Colorado River Abstention Rejected in Parallel Foreclosure-Related Federal Suit; Rule 8 Dismissal “With Prejudice” Operates as Merits Judgment for Claim Preclusion; Abuse-of-Process Timeliness...
COGSA’s One-Year Time Bar Applies to Misdelivery Claims Styled as Fraud; Misdelivery Is Not Deviation and Deviation Does Not Void the Limitations Period 1. Introduction SLT Imports, Inc. (a New...
Qualified Immunity for Officers Who Disseminate Death-Scene Images Absent Clearly Established Fourteenth Amendment Privacy Right Case: Karen Brookins v. City of Philadelphia (3d Cir. May 29, 2026)...
Conditional Faretta Requests Do Not Trigger Self-Representation; Franks Hearings Require Materiality; Pandemic and State-Custody Delays Often Defeat Sixth Amendment Speedy-Trial Claims Introduction...
Third Circuit Confirms Appellate Jurisdiction to Review Withholding-Only and CAT Denials After Riley (and Treats § 1252(b)(1) as Waivable) Case: Patria Laureano v. Attorney General United States of...
COVID-Era Courtroom Access: Overflow-Room Viewing Is a Sixth Amendment Closure Requiring Waller Findings, Yet Unobjected Violations May Be Left Unremedied on Plain-Error Review I. Introduction United...
USSG § 2T1.6 Tax-Loss Rule: Excluding Employer-Portion FICA from “Tax Not Collected or Accounted For and Paid Over” Introduction In United States v. Donna Fecondo (3d Cir. May 26, 2026)...
Freight Brokers as Non-Statutory Employers: No Vicarious Liability (and Narrow Negligence Theories) Absent Carrier Responsibility or Master–Servant Control 1. Introduction Case: Robert Allen v....
Third Circuit Leaves in Place an Expansive Reading of 8 U.S.C. § 1252(b)(9) that Channels Pre–Final-Order Habeas Claims into the Petition-for-Review Process Case: Mahmoud Khalil v. President United...
Third Circuit Expands § 1252(b)(9) Channeling: District-Court Habeas Jurisdiction Barred for Pre–Final-Order Constitutional Claims Tied to Removal Proceedings I. Introduction On May 22, 2026, the...
Third Circuit Reaffirms Thornhill: § 3553(a)(2)(A) Remains Considerable in Mandatory § 3583(g) Revocations After Esteras I. Introduction In United States v. Devon Williams (3d Cir. May 21, 2026) (not...
Victim Eyewitness Identification as Probable Cause & Absolute Immunities Bar § 1983 Claims Attacking Criminal Charging Decisions 1. Introduction In Orguna Sanders v. City of Erie (3d Cir. May 21,...
Speculation and Administrative Delay Do Not Establish Deliberate Indifference in Detainee Medical-Care Claims Case: Emmanuel Holliday v. Centurion Medical (3d Cir. May 20, 2026) (not precedential)...
Standing Orders Cannot Replace Case-Specific Personal Jurisdiction and Joinder Analysis in “Schedule A” Online Marketplace IP Suits Case: Thomas Wood v. Eiazuiks, No. 25-2340 (3d Cir. May 19, 2026)...
Recent Vehicle Re-Registration to a Suspected Drug-Hub Address as a Contributing Factor to Reasonable Suspicion Extending a Traffic Stop I. Introduction In United States v. Jairo Benjamin...
Firearms-for-Drugs Texts as “Intrinsic” Evidence and Anders Affirmance in a § 841 Death-Resulting Case (Third Circuit) 1. Introduction In United States v. Frederico Rosario (3d Cir. May 18, 2026)...
Reliable Confidential-Source Tips that Predict Future Conduct, Combined with Observed Traffic Violations, Supply Reasonable Suspicion for a Vehicle Stop Introduction In United States v. Pernell...