High-Speed Pursuits Triggered by Sudden Flight: State-Created-Danger Liability Requires Intent to Harm, and the “Culpability Clock” Starts When the Suspect Flees 1. Introduction Neal Miller v. Joseph...
Interstate “Resupply” Drug Transport as Relevant Conduct Under U.S.S.G. § 1B1.3(a)(2) 1. Introduction United States v. James France (3d Cir. June 3, 2026) addresses a recurring federal sentencing...
Objectively Reasonable Reliance on an Apparent Active Warrant Negates §1983 False-Arrest Liability and Channels Arrest/Force Claims Exclusively into the Fourth Amendment I. Introduction In Vincent...
Third Circuit Rejects FLSA “Overtime Gap Time” Claims and Recalibrates Exemption Analysis to “Fair Reading” and Preponderance Standards 1. Introduction In Secretary United States Department of Labor...
Faulty Workmanship and “Surrounding Property” Allegations Do Not Create an “Occurrence” Under a CGL Accident Definition Absent Active Malfunction or Intervening Accident 1. Introduction Case:...
Private Reporting to Police, Without Public Cooperation, Fails “Social Distinction” for a Particular Social Group 1. Introduction In Raul Matos-Salazar v. Attorney General United States of America...
Tabron Controls: Local “Special Circumstances” Rules Cannot Substitute for the Third Circuit’s Appointed-Counsel Analysis 1. Introduction In Marlon McDougall v. Tyson (3d Cir. June 2, 2026) (not...
Enforceable § 3593(a) Death-Notice Deadlines and Virgin Islands Territorial Offenses as § 924(c)/(j) Predicates I. Introduction United States v. Richardson Dangleben, Jr. (3d Cir. June 1, 2026) is a...
Enforceable § 3593 Death-Notice Deadlines and Territorial Predicate Offenses Under § 924(c) in the Virgin Islands I. Introduction United States v. Richardson Dangleben, Jr. is a precedential Third...
Third Circuit Reaffirms Enforcement of Broad Plea-Agreement Appellate Waivers Absent a “Miscarriage of Justice” Introduction In United States v. Leroy Roebuck, Jr. (3d Cir. May 27, 2026), the Court...
Third Circuit: Unpreserved Public-Trial Violations from COVID-Era Closures and Spectator Exclusions May Not Merit Reversal Under Plain-Error Prong Four Case: United States v. Kareem Harry (with...
Session-Replay Privacy Suits Require Concrete, Traditionally Analogous Harm—Statutory Labels and Anonymized Tracking Alone Do Not Create Article III Standing Case: Malinda Smidga v. Spirit Airlines,...
Administrative “First Among Equals” Status of a Chief Judge Does Not Trigger § 455(a) Recusal; Immunities and Plausibility Requirements Bar Collateral “Fraud on the Court” Suits 1. Introduction In...
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...