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3d Circuit Case Commentaries

Enforceability of “Any Breach” Carve-Outs in Covenants Not to Sue

Enforceability of “Any Breach” Carve-Outs in Covenants Not to Sue

Date: May 13, 2025
Enforceability of “Any Breach” Carve-Outs in Covenants Not to Sue Introduction In Stony Battery RD Property Owner LLC v. QVC Inc., the Third Circuit addressed the scope and enforceability of a...
Limiting Section 1983 and Title VII Actions: Sovereign Immunity, State-Actor Doctrine, and Res Judicata in Michael Kissell v. Pennsylvania Office of the Budget

Limiting Section 1983 and Title VII Actions: Sovereign Immunity, State-Actor Doctrine, and Res Judicata in Michael Kissell v. Pennsylvania Office of the Budget

Date: May 13, 2025
Limiting Section 1983 and Title VII Actions: Sovereign Immunity, State-Actor Doctrine, and Res Judicata in Michael Kissell v. Pennsylvania Office of the Budget Introduction In Michael Kissell v....
Wyatt v. SCI-Mahanoy: Pleading Standards for Collective Prison Lockdowns Under the Eighth and Fourteenth Amendments

Wyatt v. SCI-Mahanoy: Pleading Standards for Collective Prison Lockdowns Under the Eighth and Fourteenth Amendments

Date: May 10, 2025
Wyatt v. SCI-Mahanoy: Pleading Standards for Collective Prison Lockdowns Under the Eighth and Fourteenth Amendments Introduction In Tariq Wyatt v. Superintendent Mahanoy SCI, the United States Court...
Self-Serving Affidavits, Implied Covenant, and Unjust Enrichment: Daimler v. Moehle Precedent

Self-Serving Affidavits, Implied Covenant, and Unjust Enrichment: Daimler v. Moehle Precedent

Date: May 10, 2025
Self-Serving Affidavits, Implied Covenant, and Unjust Enrichment: Daimler v. Moehle Precedent 1. Introduction Eric Daimler and Chris Moehle, both early-stage robotics investors, formed two joint...
New Legal Rule: IDEA Procedural Victory Confers Prevailing-Party Status for Fee Awards

New Legal Rule: IDEA Procedural Victory Confers Prevailing-Party Status for Fee Awards

Date: May 10, 2025
New Legal Rule: IDEA Procedural Victory Confers Prevailing-Party Status for Fee Awards Introduction Micayla Augustyn v. Wall Township Board of Education is a 2025 Third Circuit decision that...
Prevailing Party Status Under IDEA: Attorneys' Fees for Procedural Victories

Prevailing Party Status Under IDEA: Attorneys' Fees for Procedural Victories

Date: May 10, 2025
Prevailing Party Status Under IDEA: Attorneys' Fees for Procedural Victories Introduction Micayla Augustyn v. Wall Township Board of Education (3rd Cir. 2025) addresses whether a student who...
Execution Sales vs. Judicial Sales: Clarifying Rule 69(a) and 28 U.S.C. § 2001 in Federal Mortgage Foreclosure

Execution Sales vs. Judicial Sales: Clarifying Rule 69(a) and 28 U.S.C. § 2001 in Federal Mortgage Foreclosure

Date: May 9, 2025
Execution Sales vs. Judicial Sales: Clarifying Rule 69(a) and 28 U.S.C. § 2001 in Federal Mortgage Foreclosure 1. Introduction United States Bank N.A., as Trustee for holders of a commercial mortgage...
Scope of Range Limited: Felons with Extensive Criminal Histories Can't Use As-Applied Second Amendment Challenges to 18 U.S.C. §922(g)(1)

Scope of Range Limited: Felons with Extensive Criminal Histories Can't Use As-Applied Second Amendment Challenges to 18 U.S.C. §922(g)(1)

Date: May 9, 2025
Scope of Range Limited: Felons with Extensive Criminal Histories Can't Use As-Applied Second Amendment Challenges to 18 U.S.C. §922(g)(1) Introduction The Third Circuit’s decision in United States v....
Broad Interpretation of “With Respect to Any Software” in Retention Holdback Agreements to Include Hardware Sales with Integrated IP

Broad Interpretation of “With Respect to Any Software” in Retention Holdback Agreements to Include Hardware Sales with Integrated IP

Date: May 9, 2025
Broad Interpretation of “With Respect to Any Software” in Retention Holdback Agreements to Include Hardware Sales with Integrated IP Introduction James Bailey v. Tektronix Inc. (3d Cir. May 8, 2025)...
Clarification of Jurisdictional and Evidentiary Standards in I-130 Marriage Fraud Denials Under 8 U.S.C. §1154(c)

Clarification of Jurisdictional and Evidentiary Standards in I-130 Marriage Fraud Denials Under 8 U.S.C. §1154(c)

Date: May 9, 2025
Clarification of Jurisdictional and Evidentiary Standards in I-130 Marriage Fraud Denials Under 8 U.S.C. §1154(c) Introduction In Stacey Watson v. Attorney General United States of America, No....
AstraZeneca v. HHS: Defining Standing and Due-Process Limits in the IRA’s Drug Price Negotiation Program

AstraZeneca v. HHS: Defining Standing and Due-Process Limits in the IRA’s Drug Price Negotiation Program

Date: May 9, 2025
AstraZeneca v. HHS: Defining Standing and Due-Process Limits in the IRA’s Drug Price Negotiation Program Introduction In AstraZeneca Pharmaceuticals LP v. Secretary, United States Department of...
Actual Loss Over Intended Loss and Victim Definition in USSG §2B1.1 – United States v. Barkers-Woode

Actual Loss Over Intended Loss and Victim Definition in USSG §2B1.1 – United States v. Barkers-Woode

Date: May 8, 2025
Actual Loss Over Intended Loss and Victim Definition in USSG §2B1.1 Introduction United States v. Patrick Barkers-Woode and United States v. Nana Mensah, decided May 7, 2025 by the Third Circuit,...
Requiring Actual Loss for Sentencing Enhancements under U.S.S.G. §2B1.1

Requiring Actual Loss for Sentencing Enhancements under U.S.S.G. §2B1.1

Date: May 8, 2025
Requiring Actual Loss for Sentencing Enhancements under U.S.S.G. §2B1.1 Introduction The consolidated appeals in United States v. Patrick Barkers-Woode and United States v. Nana Mensah arose from a...
Affirming Upward Variance for Straw Firearm Purchases to Deter Gang-Related Gun Violence

Affirming Upward Variance for Straw Firearm Purchases to Deter Gang-Related Gun Violence

Date: May 8, 2025
Affirming Upward Variance for Straw Firearm Purchases to Deter Gang-Related Gun Violence Introduction In United States v. Jordan Harmon, No. 24-1797 (3d Cir. May 7, 2025), the Third Circuit addressed...
Consent-Based Magistrate Judge Jurisdiction in Bankruptcy Appeals: §636(c) Empowerment

Consent-Based Magistrate Judge Jurisdiction in Bankruptcy Appeals: §636(c) Empowerment

Date: May 8, 2025
Consent-Based Magistrate Judge Jurisdiction in Bankruptcy Appeals: §636(c) Empowerment 1. Introduction This case, In re: MTE Holdings LLC, arose from a dispute over oil-and-gas royalties between...
Objective Reasonableness in Traffic Stops and Consent Searches: United States v. Terry

Objective Reasonableness in Traffic Stops and Consent Searches: United States v. Terry

Date: May 7, 2025
Objective Reasonableness in Traffic Stops and Consent Searches: United States v. Terry Introduction United States v. John T. Terry (3d Cir. 2025) arises from a routine Pennsylvania Turnpike traffic...
Furnisher’s Duty to Conduct Reasonable Reinvestigation Under FCRA §1681s-2(b)

Furnisher’s Duty to Conduct Reasonable Reinvestigation Under FCRA §1681s-2(b)

Date: May 7, 2025
Furnisher’s Duty to Conduct Reasonable Reinvestigation Under FCRA §1681s-2(b) Introduction Michael and Andrew Ritz ("Plaintiffs") leased a vehicle that Nissan Motor Acceptance Corporation ("Nissan")...
Establishing Cat’s Paw Liability for Gender Discrimination and Retaliation in Academic Contract Renewals

Establishing Cat’s Paw Liability for Gender Discrimination and Retaliation in Academic Contract Renewals

Date: May 6, 2025
Establishing Cat’s Paw Liability for Gender Discrimination and Retaliation in Academic Contract Renewals Introduction In Nonna Y. Sorokina v. The College of New Jersey, a panel of the United States...
Historical Hallmarks Standard for Establishment Clause in Public School Curriculum

Historical Hallmarks Standard for Establishment Clause in Public School Curriculum

Date: May 6, 2025
Historical Hallmarks Standard for Establishment Clause in Public School Curriculum Introduction Libby Hilsenrath v. School District of the Chathams, decided by the United States Court of Appeals for...
Harmless Allocution Error in Unlawful Reentry Sentencing: Clarifying Plain Error Review under Fed. R. Crim. P. 32

Harmless Allocution Error in Unlawful Reentry Sentencing: Clarifying Plain Error Review under Fed. R. Crim. P. 32

Date: May 3, 2025
Harmless Allocution Error in Unlawful Reentry Sentencing: Clarifying Plain Error Review under Fed. R. Crim. P. 32 Introduction This commentary examines United States v. Rudys Osvaldo Torres, No....
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