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  • Commentaries
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3d Circuit Case Commentaries

Non-Party Immunity from Arbitration Awards: Third Circuit Upholds Permanent Injunction in Trustees v. Patterson

Non-Party Immunity from Arbitration Awards: Third Circuit Upholds Permanent Injunction in Trustees v. Patterson

Date: Jun 10, 2025
Non-Party Immunity from Arbitration Awards: Third Circuit Upholds Permanent Injunction in Trustees v. Patterson Introduction Trustees of the General Assembly of the Church of the Lord Jesus Christ of...
Clarifying Mitigating Role Adjustments Under USSG §3B1.2: Distinction Between Minor and Minimal Participants

Clarifying Mitigating Role Adjustments Under USSG §3B1.2: Distinction Between Minor and Minimal Participants

Date: Jun 10, 2025
Clarifying Mitigating Role Adjustments Under USSG §3B1.2: Distinction Between Minor and Minimal Participants Introduction United States v. Ricky Sanchez (3d Cir. 2025) addresses the distinction...
Definitive Scope Requirement for Final § 1782 Discovery Orders

Definitive Scope Requirement for Final § 1782 Discovery Orders

Date: Jun 10, 2025
Definitive Scope Requirement for Final § 1782 Discovery Orders Introduction In Amgen Inc. v. Celltrion USA Inc., the Third Circuit addressed a threshold jurisdictional question under 28 U.S.C. §...
Limiting Public Employee First Amendment Retaliation: Public Concern and Employer Knowledge Requirements

Limiting Public Employee First Amendment Retaliation: Public Concern and Employer Knowledge Requirements

Date: Jun 10, 2025
Limiting Public Employee First Amendment Retaliation: Public Concern and Employer Knowledge Requirements Introduction Nancy E. Lewen v. Pennsylvania Soldiers and Sailors Home presented the Third...
Preservation of Expert-Testimony Objections and Batson Affiliation Strikes: Third Circuit’s Clarification in United States v. Hamlet, Phillips & Manley

Preservation of Expert-Testimony Objections and Batson Affiliation Strikes: Third Circuit’s Clarification in United States v. Hamlet, Phillips & Manley

Date: Jun 10, 2025
Preservation of Expert-Testimony Objections and Batson Affiliation Strikes: Third Circuit’s Clarification in United States v. Hamlet, Phillips & Manley Introduction United States v. Corey Hamlet,...
Defining Waiver of Daubert Challenges and Batson Affiliation Strikes – United States v. Corey Hamlet

Defining Waiver of Daubert Challenges and Batson Affiliation Strikes – United States v. Corey Hamlet

Date: Jun 10, 2025
Defining Waiver of Daubert Challenges and Batson Affiliation Strikes United States v. Corey Hamlet Introduction United States v. Corey Hamlet (3d Cir. 2025) is a consolidated appeal from convictions...
Clarifying Waiver of Evidentiary Objections and Batson’s Affiliation-Based Challenges: United States v. Tony Phillips

Clarifying Waiver of Evidentiary Objections and Batson’s Affiliation-Based Challenges: United States v. Tony Phillips

Date: Jun 10, 2025
Clarifying Waiver of Evidentiary Objections and Batson’s Affiliation-Based Challenges: United States v. Tony Phillips Introduction United States v. Tony Phillips (3d Cir. June 4, 2025) arose from a...
Establishing the Threshold for “Extraordinary Circumstances” Under Younger Abstention in Federal Challenges to Ongoing State Criminal Proceedings

Establishing the Threshold for “Extraordinary Circumstances” Under Younger Abstention in Federal Challenges to Ongoing State Criminal Proceedings

Date: Jun 3, 2025
Establishing the Threshold for “Extraordinary Circumstances” Under Younger Abstention in Federal Challenges to Ongoing State Criminal Proceedings Introduction This commentary examines the Third...
Clarifying the Scope of Aggravated Identity Theft Post-Dubin: United States v. Jason Weigand

Clarifying the Scope of Aggravated Identity Theft Post-Dubin: United States v. Jason Weigand

Date: Jun 3, 2025
Clarifying the Scope of Aggravated Identity Theft Post-Dubin: United States v. Jason Weigand Introduction This commentary examines the Third Circuit’s decision in United States v. Jason C. Weigand,...
Affirmation of “At the Crux” Misuse Standard in Aggravated Identity Theft under 18 U.S.C. §1028A

Affirmation of “At the Crux” Misuse Standard in Aggravated Identity Theft under 18 U.S.C. §1028A

Date: Jun 3, 2025
Affirmation of “At the Crux” Misuse Standard in Aggravated Identity Theft under 18 U.S.C. §1028A Introduction United States v. Jason C. Weigand is a consolidated appeal from the Third Circuit Court...
Neutral Laws with Discretionary Exemptions Trigger Strict Scrutiny & Robust Title VII Accommodation Standards

Neutral Laws with Discretionary Exemptions Trigger Strict Scrutiny & Robust Title VII Accommodation Standards

Date: May 31, 2025
Neutral Laws with Discretionary Exemptions Trigger Strict Scrutiny & Robust Title VII Accommodation Standards Introduction In Alexander Smith v. City of Atlantic City, 3rd Cir. No. 23-3265 (May 30,...
Third Circuit Clarifies Title IX Zone-of-Interests for Non-Student, Non-Employee Plaintiffs

Third Circuit Clarifies Title IX Zone-of-Interests for Non-Student, Non-Employee Plaintiffs

Date: May 30, 2025
Third Circuit Clarifies Title IX Zone-of-Interests for Non-Student, Non-Employee Plaintiffs Introduction In Jennifer Oldham v. Penn State University, 22-2056 (3d Cir. May 29, 2025), the Third Circuit...
Clarifying Statutes of Limitations and Tolling in Federal Civil Rights Actions: Tice v. Wilson

Clarifying Statutes of Limitations and Tolling in Federal Civil Rights Actions: Tice v. Wilson

Date: May 30, 2025
Clarifying Statutes of Limitations and Tolling in Federal Civil Rights Actions: Tice v. Wilson Introduction James Robert Tice, proceeding pro se, filed a sprawling 600-page civil rights and related...
United States v. Outlaw: Requiring Particularized Probable Cause from Marijuana Odor

United States v. Outlaw: Requiring Particularized Probable Cause from Marijuana Odor

Date: May 29, 2025
United States v. Outlaw: Requiring Particularized Probable Cause from Marijuana Odor Introduction In United States v. Abdul Outlaw (3d Cir. May 28, 2025), the Third Circuit Court of Appeals clarified...
Dismissal of Repetitive In Forma Pauperis Civil Rights Suits as Malicious under 28 U.S.C. §1915(e)(2)(B)(i): Hall v. Nisbet

Dismissal of Repetitive In Forma Pauperis Civil Rights Suits as Malicious under 28 U.S.C. §1915(e)(2)(B)(i): Hall v. Nisbet

Date: May 24, 2025
Dismissal of Repetitive In Forma Pauperis Civil Rights Suits as Malicious under 28 U.S.C. §1915(e)(2)(B)(i) Introduction Christopher R. Hall, a Pennsylvania state‐prison inmate, appeals the District...
Statute of Limitations and Immunity Shields in Civil Rights Actions: Sexton v. New Jersey Department of Corrections

Statute of Limitations and Immunity Shields in Civil Rights Actions: Sexton v. New Jersey Department of Corrections

Date: May 24, 2025
Statute of Limitations and Immunity Shields in Civil Rights Actions: Sexton v. New Jersey Department of Corrections Introduction Carmen A. Sexton v. New Jersey Department of Corrections, decided May...
Clarifying Pleading Standards for Age Discrimination, Breach of Contract, and Trespass to Chattels Claims in the Third Circuit

Clarifying Pleading Standards for Age Discrimination, Breach of Contract, and Trespass to Chattels Claims in the Third Circuit

Date: May 16, 2025
Clarifying Pleading Standards for Age Discrimination, Breach of Contract, and Trespass to Chattels Claims in the Third Circuit Introduction This commentary examines the Third Circuit’s May 15, 2025...
Clarifying Federal Removal Jurisdiction: Limits on Federal‐Question and Diversity Removal in Foreclosure Actions

Clarifying Federal Removal Jurisdiction: Limits on Federal‐Question and Diversity Removal in Foreclosure Actions

Date: May 16, 2025
Clarifying Federal Removal Jurisdiction: Limits on Federal‐Question and Diversity Removal in Foreclosure Actions Introduction In M&T Bank v. Chryssoula Arsenis, the United States Court of Appeals for...
Clarification of the “Unable-or-Unwilling-to-Control” Test in Private-Actor Persecution Asylum Claims

Clarification of the “Unable-or-Unwilling-to-Control” Test in Private-Actor Persecution Asylum Claims

Date: May 16, 2025
Clarification of the “Unable-or-Unwilling-to-Control” Test in Private-Actor Persecution Asylum Claims 1. Introduction Ingrid Cisneros Martinez, a Peruvian national, petitioned the United States Court...
Limits on Employer’s Neutral Reference Obligations and Post-Deadline Amendments in Resignation Agreement Litigation

Limits on Employer’s Neutral Reference Obligations and Post-Deadline Amendments in Resignation Agreement Litigation

Date: May 15, 2025
Limits on Employer’s Neutral Reference Obligations and Post-Deadline Amendments in Resignation Agreement Litigation Introduction This commentary examines the Third Circuit’s decision in Keith Cauley...
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