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Indifference in Detainee Medical-Care Claims Case: Emmanuel Holliday v. Centurion Medical (3d Cir. May 20, 2026) (not precedential)...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...
Omissions of Key Events and Evasive Testimony Sustain Adverse Credibility Findings in Asylum/CAT Review Introduction In Gary Barnes v. Attorney General United States of America (3d Cir. May 19, 2026)...
Misjoinder in Prisoner § 1983 Litigation: Courts Should Permit Amendment and Prefer Severance Over Dismissal When Limitations Prejudice May Result I. Introduction In Rodney Anderson v. Kevin Kauffman...
Compensatory Education May Include Multi‑Year Residential Placement to Remedy FAPE Denial Without Usurping the IEP Team (S. M. v. Chichester School District) 1. Introduction S. M. v. Chichester...
Financial-Management Vendors in Self-Directed Medicaid Programs Are Not Joint Employers Absent “Significant Control” I. Introduction Ralph Talarico v. Public Partnerships LLC (3d Cir. May 19, 2026)...
Complaint Exhibits Can Defeat an FCRA § 1681s-2(b) Claim and Rule 9(b) Strictly Bars Vague Fraud/Conspiracy Pleading I. Introduction In Gutti Rao v. Sleep Number Bed, Inc (3d Cir. May 18, 2026)...
Shaffer Footnote 36 Extends to New York Convention Award Enforcement: Property-Based (Quasi in Rem) Jurisdiction Without Minimum Contacts I. Introduction Sociedad Concesionaria Metropolitana de Salud...
Rule 701 Boundary: Narcotics “Modus Operandi” Opinions Untethered to Case Facts Are Expert Testimony (Harmless Here) Case: United States v. Jabar Evans Court: Court of Appeals for the Third Circuit...