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  • Commentaries
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3d Circuit Case Commentaries

Excluding Pre-Acquisition Wrongful Acts: Clarification of Change in Exposure Clauses in Management Liability Policies

Excluding Pre-Acquisition Wrongful Acts: Clarification of Change in Exposure Clauses in Management Liability Policies

Date: Mar 22, 2025
Excluding Pre-Acquisition Wrongful Acts: Clarification of Change in Exposure Clauses in Management Liability Policies Introduction In PNC Bank N.A. v. Axis Insurance Co., the Third Circuit addressed...
No Expectation of Finality in Served Sentences Under Appeal: Double Jeopardy, Due Process, and Law of the Case in Resentencing

No Expectation of Finality in Served Sentences Under Appeal: Double Jeopardy, Due Process, and Law of the Case in Resentencing

Date: Mar 22, 2025
No Expectation of Finality in Served Sentences Under Appeal: Double Jeopardy, Due Process, and Law of the Case in Resentencing Introduction United States v. John Jackson, 3d Cir. No. 23-2508 (Mar....
No Reasonable Expectation of Finality in a Sentence Under Appeal: Clarifying Double Jeopardy and Due Process in Resentencing

No Reasonable Expectation of Finality in a Sentence Under Appeal: Clarifying Double Jeopardy and Due Process in Resentencing

Date: Mar 22, 2025
No Reasonable Expectation of Finality in a Sentence Under Appeal: Clarifying Double Jeopardy and Due Process in Resentencing Introduction United States v. John Jackson (3d Cir. Mar. 21, 2025)...
Commerce Clause Empowerment of Domestic Child Sex‐Trafficking Prosecution Under 18 U.S.C. § 1591

Commerce Clause Empowerment of Domestic Child Sex‐Trafficking Prosecution Under 18 U.S.C. § 1591

Date: Mar 22, 2025
Commerce Clause Empowerment of Domestic Child Sex‐Trafficking Prosecution Under 18 U.S.C. § 1591 Introduction United States v. John Adams, No. 24-1975 (3d Cir. Mar. 21, 2025), presents a threshold...
No Expectation of Finality in Sentences Served Under Appeal: United States v. Jackson

No Expectation of Finality in Sentences Served Under Appeal: United States v. Jackson

Date: Mar 22, 2025
No Expectation of Finality in Sentences Served Under Appeal: United States v. Jackson Introduction United States v. Jackson is a precedential Third Circuit decision handed down on March 21, 2025,...
Reaffirmation of Article III Standing Requirements: Generalized Grievances Insufficient

Reaffirmation of Article III Standing Requirements: Generalized Grievances Insufficient

Date: Mar 22, 2025
Reaffirmation of Article III Standing Requirements: Generalized Grievances Insufficient Introduction This commentary examines the Third Circuit’s per curiam decision in Mary Basile Logan v. Merrick...
Resentencing After Vacatur: Finality of Sentence, Sixth Amendment Fact-Finding, and Law-of-the-Case Doctrines

Resentencing After Vacatur: Finality of Sentence, Sixth Amendment Fact-Finding, and Law-of-the-Case Doctrines

Date: Mar 22, 2025
Resentencing After Vacatur: Finality of Sentence, Sixth Amendment Fact-Finding, and Law-of-the-Case Doctrines Introduction United States v. Jackson (3d Cir. Mar. 21, 2025) presents a rare “fourth...
Clarity Requirement for Postponed Wage Increases to Avoid Coercion in Union Representation Elections

Clarity Requirement for Postponed Wage Increases to Avoid Coercion in Union Representation Elections

Date: Mar 20, 2025
Clarity Requirement for Postponed Wage Increases to Avoid Coercion in Union Representation Elections Introduction Russell Reid Waste Hauling & Disposal Service Company, Inc. (“Russell Reid”) and the...
Clarity Requirement in Wage-Increase Postponements Under NLRA Section 8(a)(1): NLRB v. Russell Reid

Clarity Requirement in Wage-Increase Postponements Under NLRA Section 8(a)(1): NLRB v. Russell Reid

Date: Mar 20, 2025
Clarity Requirement in Wage-Increase Postponements Under NLRA Section 8(a)(1) Introduction NLRB v. Russell Reid Waste Hauling & Disposal Service Co., Inc. (3d Cir. 2025) addresses the precise...
Limits on Federal-Officer Removal and CAFA Minimal Diversity in Health-Data Privacy Suits

Limits on Federal-Officer Removal and CAFA Minimal Diversity in Health-Data Privacy Suits

Date: Mar 20, 2025
Limits on Federal-Officer Removal and CAFA Minimal Diversity in Health-Data Privacy Suits Introduction In the consolidated appeals of Donna Cheesman v. Capital Health System Inc. and Hillary Barnett...
Voluntary Participation in Federal Incentive Programs Does Not Confer Federal Officer Removal Jurisdiction

Voluntary Participation in Federal Incentive Programs Does Not Confer Federal Officer Removal Jurisdiction

Date: Mar 20, 2025
Voluntary Participation in Federal Incentive Programs Does Not Confer Federal Officer Removal Jurisdiction Introduction This commentary examines the Third Circuit’s consolidated decision in Hillary...
Narrowing the Scope of Religious Accommodation Claims in Employment Testing Requirements

Narrowing the Scope of Religious Accommodation Claims in Employment Testing Requirements

Date: Mar 19, 2025
Narrowing the Scope of Religious Accommodation Claims in Employment Testing Requirements Introduction The case of Jill Gatto v. Johnson & Johnson Services, Inc., decided by the United States Court of...
Reaffirming Statutory Limitations and Narrowing Equitable Tolling in Prison Civil Rights Claims

Reaffirming Statutory Limitations and Narrowing Equitable Tolling in Prison Civil Rights Claims

Date: Mar 19, 2025
Reaffirming Statutory Limitations and Narrowing Equitable Tolling in Prison Civil Rights Claims Introduction In the case of Richard Edward Weber v. Erie County, Erie County Prison and multiple...
Clarifying Overdetention Claims: When Heck Does Not Bar an Eighth Amendment Challenge

Clarifying Overdetention Claims: When Heck Does Not Bar an Eighth Amendment Challenge

Date: Mar 19, 2025
Clarifying Overdetention Claims: When Heck Does Not Bar an Eighth Amendment Challenge Introduction The case of Jeffrey E. Herrera v. Agents of Pennsylvania Board of Probation and Parole et al....
Rescission and Mootness: Clarifying Judicial Relief in COVID-19 Executive Order Challenges

Rescission and Mootness: Clarifying Judicial Relief in COVID-19 Executive Order Challenges

Date: Mar 19, 2025
Rescission and Mootness: Clarifying Judicial Relief in COVID-19 Executive Order Challenges Introduction In the case of KATIE SCZESNY; JAMIE RUMFIELD; DEBRA HAGEN; MARIETTE VITTI, Appellants v. PHILIP...
The Mootness Doctrine and Rescission of COVID-19 Executive Orders: A New Framework for Evaluating Judicial Relief

The Mootness Doctrine and Rescission of COVID-19 Executive Orders: A New Framework for Evaluating Judicial Relief

Date: Mar 19, 2025
The Mootness Doctrine and Rescission of COVID-19 Executive Orders: A New Framework for Evaluating Judicial Relief Introduction In a case involving four former nurses—Katie Sczesny, Jamie Rumfield,...
NORMAN SHAW, JR. v. WAYNE MEMORIAL HOSPITAL: Clarifying EMTALA’s Screening Limitations in Emergency Care

NORMAN SHAW, JR. v. WAYNE MEMORIAL HOSPITAL: Clarifying EMTALA’s Screening Limitations in Emergency Care

Date: Mar 19, 2025
NORMAN SHAW, JR. v. WAYNE MEMORIAL HOSPITAL: Clarifying EMTALA’s Screening Limitations in Emergency Care Introduction This commentary examines the recent decision from the United States Court of...
Defining Fourth Amendment Standing in Commercial Drug Distribution Contexts: United States v. Loyal

Defining Fourth Amendment Standing in Commercial Drug Distribution Contexts: United States v. Loyal

Date: Mar 19, 2025
Defining Fourth Amendment Standing in Commercial Drug Distribution Contexts: United States v. Loyal Introduction The United States Court of Appeals for the Third Circuit, in its non-precedential...
Arbitrator Authority Affirmed: Expanding the Basis for Awarding Attorney's Fees in Arbitration

Arbitrator Authority Affirmed: Expanding the Basis for Awarding Attorney's Fees in Arbitration

Date: Mar 15, 2025
Arbitrator Authority Affirmed: Expanding the Basis for Awarding Attorney's Fees in Arbitration Introduction The case of DAVISON DESIGN & DEVELOPMENT, INC., Appellant v. MARIO SCORZA before the United...
Refining Equitable Tolling and Ineffective Assistance Requirements in Immigration Reopening Motions

Refining Equitable Tolling and Ineffective Assistance Requirements in Immigration Reopening Motions

Date: Mar 15, 2025
Refining Equitable Tolling and Ineffective Assistance Requirements in Immigration Reopening Motions Introduction The case of Cesar Obed Almendares v. Attorney General of the United States of America...
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