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  • Commentaries
  • Judgments

3d Circuit Case Commentaries

Restricting Federal Review of State Court Judgments: Rooker‐Feldman and State‐Actor Boundaries in Civil Rights Litigation

Restricting Federal Review of State Court Judgments: Rooker‐Feldman and State‐Actor Boundaries in Civil Rights Litigation

Date: May 15, 2025
Restricting Federal Review of State Court Judgments: Rooker‐Feldman and State‐Actor Boundaries in Civil Rights Litigation Introduction The appeal in Swenson I v. Vedder (3d Cir. No. 24-2652, 2025)...
Clarifying “Some Harm” as an Adverse Employment Action Under the ADEA: McCrorey v. City of Philadelphia

Clarifying “Some Harm” as an Adverse Employment Action Under the ADEA: McCrorey v. City of Philadelphia

Date: May 15, 2025
Clarifying “Some Harm” as an Adverse Employment Action Under the ADEA: McCrorey v. City of Philadelphia Introduction John McCrorey, a 61-year-old lieutenant in the Philadelphia Police Department’s...
Bankruptcy Appeal Limits: §363(m) Statutory Mootness and Non-Consensual Third-Party Releases

Bankruptcy Appeal Limits: §363(m) Statutory Mootness and Non-Consensual Third-Party Releases

Date: May 14, 2025
Bankruptcy Appeal Limits: §363(m) Statutory Mootness and Non-Consensual Third-Party Releases Introduction This commentary examines the Third Circuit’s May 13, 2025 decision in In re Boy Scouts of...
Statutory Finality of §363(b) Sales and Limits on Third-Party Release Appeals in In re Boy Scouts of America

Statutory Finality of §363(b) Sales and Limits on Third-Party Release Appeals in In re Boy Scouts of America

Date: May 14, 2025
Statutory Finality of §363(b) Sales and Limits on Third-Party Release Appeals in In re Boy Scouts of America Introduction The Third Circuit’s May 13, 2025 decision in In re Boy Scouts of America and...
Statutory Mootness Under § 363(m) and the Limits on Nonconsensual Third-Party Releases in Chapter 11 Plans

Statutory Mootness Under § 363(m) and the Limits on Nonconsensual Third-Party Releases in Chapter 11 Plans

Date: May 14, 2025
Statutory Mootness Under § 363(m) and the Limits on Nonconsensual Third-Party Releases in Chapter 11 Plans Introduction In In re Boy Scouts of America & Delaware BSA LLC (3d Cir. May 13, 2025), the...
Permissible Use of Deadly Force Against a Threatening Vehicle

Permissible Use of Deadly Force Against a Threatening Vehicle

Date: May 14, 2025
Permissible Use of Deadly Force Against a Threatening Vehicle Introduction In Jessica Servais v. John Caccia, 23-2565 (3d Cir. May 13, 2025), the Third Circuit addressed whether a law enforcement...
Section 363(m) Bars Late-Stage Challenges to Chapter 11 Asset Sales: The Boy Scouts Precedent

Section 363(m) Bars Late-Stage Challenges to Chapter 11 Asset Sales: The Boy Scouts Precedent

Date: May 14, 2025
Section 363(m) Bars Late-Stage Challenges to Chapter 11 Asset Sales: The Boy Scouts Precedent Introduction In a landmark decision issued May 13, 2025, the United States Court of Appeals for the Third...
In re Boy Scouts of America – Statutory Mootness Shields § 363(b) Sales

In re Boy Scouts of America – Statutory Mootness Shields § 363(b) Sales

Date: May 14, 2025
In re Boy Scouts of America – Statutory Mootness Shields § 363(b) Sales Introduction In this consolidated appeal arising from the Third Circuit’s decision in In re Boy Scouts of America and Delaware...
Finality of § 363(b) Sales and the Limits on Non-Consensual Third-Party Releases in Chapter 11 Plans

Finality of § 363(b) Sales and the Limits on Non-Consensual Third-Party Releases in Chapter 11 Plans

Date: May 14, 2025
Finality of § 363(b) Sales and the Limits on Non-Consensual Third-Party Releases in Chapter 11 Plans Introduction This commentary examines the Third Circuit’s May 13, 2025 decision in In re Boy...
Statutory Mootness Under §363(m): Limiting Challenges to Plan-Incorporated §363 Sales

Statutory Mootness Under §363(m): Limiting Challenges to Plan-Incorporated §363 Sales

Date: May 14, 2025
Statutory Mootness Under §363(m): Limiting Challenges to Plan-Incorporated §363 Sales Introduction This appeal arises from the confirmation of the Chapter 11 Plan of Reorganization for Boy Scouts of...
Statutory Mootness Under 11 U.S.C. § 363(m) Bars Post-Confirmation Attacks on Non-Consensual Third-Party Releases

Statutory Mootness Under 11 U.S.C. § 363(m) Bars Post-Confirmation Attacks on Non-Consensual Third-Party Releases

Date: May 14, 2025
Statutory Mootness Under 11 U.S.C. § 363(m) Bars Post-Confirmation Attacks on Non-Consensual Third-Party Releases Introduction In In re Boy Scouts of America and Delaware BSA, LLC, the Third Circuit...
Statutory and Equitable Mootness under Section 363(m): Insulating Chapter 11 Plan Sales from Appeal and the Limits on Third-Party Releases

Statutory and Equitable Mootness under Section 363(m): Insulating Chapter 11 Plan Sales from Appeal and the Limits on Third-Party Releases

Date: May 14, 2025
Statutory and Equitable Mootness under Section 363(m): Insulating Chapter 11 Plan Sales from Appeal and the Limits on Third-Party Releases Introduction In In re Boy Scouts of America and Delaware...
Statutory Finality of § 363 Sales and Limits on Nonconsensual Releases in Chapter 11: In re Boy Scouts of America and Delaware BSA, LLC

Statutory Finality of § 363 Sales and Limits on Nonconsensual Releases in Chapter 11: In re Boy Scouts of America and Delaware BSA, LLC

Date: May 14, 2025
Statutory Finality of § 363 Sales and Limits on Nonconsensual Releases in Chapter 11: In re Boy Scouts of America and Delaware BSA, LLC Introduction In May 2025, a divided Third Circuit issued a...
Section 363(m) Finality and Non-Consensual Third-Party Releases: Boy Scouts Chapter 11 Plan Decision

Section 363(m) Finality and Non-Consensual Third-Party Releases: Boy Scouts Chapter 11 Plan Decision

Date: May 14, 2025
Section 363(m) Finality and Non-Consensual Third-Party Releases: Boy Scouts Chapter 11 Plan Decision Introduction In In re Boy Scouts of America and Delaware BSA, LLC, the Third Circuit addressed...
Bankruptcy §363(m) Reins in Challenges to Non-Consensual Third-Party Releases: Commentary on Boy Scouts of America Appeals

Bankruptcy §363(m) Reins in Challenges to Non-Consensual Third-Party Releases: Commentary on Boy Scouts of America Appeals

Date: May 14, 2025
Bankruptcy §363(m) Reins in Challenges to Non-Consensual Third-Party Releases: Commentary on Boy Scouts of America Appeals Introduction The Boy Scouts of America and Delaware BSA, LLC filed Chapter...
Statutory Finality of Bankruptcy Sales Under Section 363(m): Boy Scouts Insurance Trust Confirmation

Statutory Finality of Bankruptcy Sales Under Section 363(m): Boy Scouts Insurance Trust Confirmation

Date: May 14, 2025
Statutory Finality of Non-Stayed §363(b) Sales: Boy Scouts Appellate Commentary Introduction In May 2025 the Third Circuit issued a precedential opinion in the consolidated appeals arising from the...
Statutory Mootness Under § 363(m) and the Finality of Bankruptcy Plan Sales with Non-Consensual Third-Party Releases

Statutory Mootness Under § 363(m) and the Finality of Bankruptcy Plan Sales with Non-Consensual Third-Party Releases

Date: May 14, 2025
Statutory Mootness Under § 363(m) and the Finality of Bankruptcy Plan Sales with Non-Consensual Third-Party Releases Introduction In In re Boy Scouts of America and Delaware BSA, LLC, the Third...
Statutory Appeal Limitations and Third-Party Releases in Chapter 11: §363(m) vs. Harrington

Statutory Appeal Limitations and Third-Party Releases in Chapter 11: §363(m) vs. Harrington

Date: May 14, 2025
Statutory Appeal Limitations and Third-Party Releases in Chapter 11: §363(m) vs. Harrington Introduction In May 2025, a divided Third Circuit panel resolved a complex Chapter 11 dispute arising from...
Statutory Finality of § 363(b) Sales and Insulation of Non-Consensual Third-Party Releases in Chapter 11 Plans

Statutory Finality of § 363(b) Sales and Insulation of Non-Consensual Third-Party Releases in Chapter 11 Plans

Date: May 14, 2025
Statutory Finality of § 363(b) Sales and Insulation of Non-Consensual Third-Party Releases in Chapter 11 Plans Introduction These consolidated appeals arise from the Boy Scouts of America’s (BSA)...
Precise Pleading of EEOC Charges Under the ADEA: Timing and Substance

Precise Pleading of EEOC Charges Under the ADEA: Timing and Substance

Date: May 13, 2025
Precise Pleading of EEOC Charges Under the ADEA: Timing and Substance Introduction This commentary examines the Third Circuit’s decision in Glenda Dianne Brooks v. Harrisburg Area Community College,...
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