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Paid Professional Advice Is Protected Speech: Third Circuit Requires First Amendment Scrutiny of New Jersey’s Ban on Compensation for Veterans‑Claims Counseling Introduction In a precedential opinion...
From Possibility to Probability: Third Circuit Reaffirms That Understaffing Allegations and Abstract Capacity Models Do Not Satisfy Rule 9(b)’s “Reliable Indicia” Requirement in FCA Cases Note: The...
Rule 56 Clarified: Unverified Complaints and Unsworn Prison Grievances Are Not Competent Summary-Judgment Evidence; Non-Assertive Commands Are Non-Hearsay Case: Jamar L. Travillion v. John E. Wetzel,...
Third Circuit’s Brookins Rule: Mandatory Content for Anders Briefs in Supervised Release Revocation Appeals Introduction In United States v. Anthony Brookins (3d Cir. Apr. 1, 2025) (precedential),...
No Formal Hierarchy Required: Third Circuit Affirms Tier III Designation of the Grey Wolves and Broad Reach of the INA’s Material-Support Bar Case: Askin Ozturk v. Attorney General of the United...
Third Circuit Reaffirms: No Per Se “Futility” Bar—Reimposing Supervised Release for Deterrence and Rehabilitation Is Substantively Reasonable Even After Repeated Violations Case: United States v....
Flexible Campus Due Process and Strict Causation for Retaliation: The Third Circuit’s Clarifications in Williams v. Pennsylvania State University Introduction In Williams v. Pennsylvania State...
End-Organ Effects or Explanation Required: Third Circuit Upholds ALJ’s Step‑3 Use of Record Silence and “Simple Tasks” RFC After Moderate Mental Limitations Case: Ramon Placencia v. Commissioner of...
Reasonable Suspicion to Detain Managers of Unlicensed Bars; Deleted Undercover Texts Do Not Trigger Due‑Process Spoliation Absent Apparent Exculpatory Value or Bad Faith Introduction In United States...
Minimal Explanation Suffices for Compassionate Release Denials; Amendment 826 Is Not Retroactive Under § 3582(c)(2) Introduction This commentary analyzes the Third Circuit’s per curiam disposition in...
Reaffirming MVRA Restitution Proof and Explanation Requirements: PSR Assertions Alone Are Insufficient — United States v. Thomas (3d Cir. 2025) Court: U.S. Court of Appeals for the Third Circuit...
Third Circuit Reaffirms Non‑Retroactivity of Amendment 826 and Clarifies Limits on “Unusually Long Sentence” Compassionate Release Under § 1B1.13(b)(6) Introduction In United States v. Omelyan...
Limiting Instructions and Strong Independent Evidence Foreclose Habeas Relief for Prosecutorial Overreach Under AEDPA Introduction This commentary examines the Third Circuit’s non-precedential...
Settlement-as-Revision under the MPPAA: Third Circuit Opens § 1401(b)(1) Collection Route After Mid-Arbitration Settlement Introduction In Central States, Southeast & Southwest Areas Pension Fund v....
Brady Materiality Requires Reliability Impact; Delaware Rule 61(i) Bars Trigger Federal Procedural Default Introduction This commentary examines the Third Circuit’s nonprecedential decision in Bruce...
Arbitrability Discovery Required When Agency to Assent Is Genuinely Disputed: Third Circuit Remands in Kirkham (Sessoms) v. TaxAct Court: United States Court of Appeals for the Third Circuit Date:...
Lento v. Altman: The Third Circuit Confirms that a Draft “Settlement Agreement” with Material Blanks and No Signatures Is Not an Enforceable Contract under New Jersey Law Court: United States Court...
Third Circuit Reaffirms: Public Defender Appeal Filings Are Not “State Action” Under § 1983; Conclusory Supervisory “Policy” Allegations Fail Under Iqbal Case: Ashley Georges v. Helen C. Godby;...
Legislative Decision-Making and Retaliation Claims: Affirming Independent Municipal Judgment and the Limits of the Cat's Paw Doctrine Introduction In the case of LINDA ATIYEH; GETTYSBURG INVESTORS...
Refining Pleading Standards: A New Benchmark for Plausible Employment Discrimination Claims Introduction The case of Jonathan Valentin v. Commonwealth of Pennsylvania Department of Labor and...