Third Circuit: Publishing Standards as “the Law” (Including Non‑Mandatory Context) Is Transformative Fair Use Despite a For‑Profit Platform I. Introduction American Society for Testing and Materials...
Third Circuit Affirms § 7201 Tax Easion Convictions: Intrinsic Fraud-Income Proof, No Constructive Amendment, and No Brady “Suppression” Where Discovery Was Produced to Counsel I. Introduction United...
CAT Relief Denials Sustained Where Torture Theories Are Record-Bound, Not Compelled by Evidence, and “Aggregation” Extends Only to Presented Sources of Harm 1. Introduction Her Tou Yang v. Attorney...
IDEA Stay-Put: An Order to Develop an IEP Is Not a New “Educational Placement” When No IEP Exists Case: Y. C. Q. v. Chichester School District Court: Court of Appeals for the Third Circuit Date:...
CEA Exclusive Jurisdiction Preempts State Gambling Bans as Applied to CFTC-Licensed DCM Sports Event Contracts Case: Kalshiex LLC v. Mary Jo Flaherty (3d Cir. Apr. 6, 2026) | Posture: Appeal from...
Exhaustion and Issue-Preservation Rule for Particular Social Group (PSG) Theories in Asylum Appeals 1. Introduction In Miryam Soler-Martinez v. Attorney General United States of America (3d Cir. Apr....
Internal Policy Disputes by Public-Employee Union Leaders Are Not, Without More, Protected First Amendment Speech (Third Circuit, Nonprecedential) 1. Introduction In Reuven Lyak v. City of Hackensack...
Third Circuit: “Is or Was” in Special-Rule (Battered Child) Cancellation Turns on Abuser’s Status by Adjudication, Not at Time of Abuse 1. Introduction In Samuel Cardenas v. Attorney General United...
Good-Faith Removal from Medication-Assisted Treatment Does Not, Without Subjective Recklessness or ADA But-For Disability Causation, Create Federal Liability; State Medical-Malpractice...
Lloyd v. Commonwealth of Pennsylvania: Summary Judgment Requires Proof of Personal Involvement and a Monell Policy in Police Social-Media Moderation Claims Introduction In Susan Lloyd v. Commonwealth...
Affirming Supervised-Release Conditions Despite No On-the-Record Explanation When a “Viable Basis” Is Apparent I. Introduction United States v. Stacy Gallman (3d Cir. Mar. 26, 2026) is a...
TrueAllele Probabilistic Genotyping Is Admissible Under Daubert Without Source-Code Disclosure (Third Circuit) Introduction In United States v. Hunter Ryan Anderson (3d Cir. Mar. 26, 2026), the Third...
Equity Holders Lack Bankruptcy Appellate Standing to Challenge a Trustee Settlement When Any Pecuniary Harm Is Contingent Introduction In re: Team Systems International, LLC (3d Cir. Mar. 26, 2026)...
APA Review of Military Records Corrections: “Discernible Path” Reasoning, Unusually Deferential Review, and Prejudice Requirement for Procedural Errors I. Introduction In Christopher Radziewicz v....
Third Circuit: Unverified AI-Generated Citations Breach Competence Duties and Warrant Attorney Discipline I. Introduction Stephen McCarthy v. U.S. Drug Enforcement Administration (3d Cir. Mar. 27,...
§ 2255 Relitigation Bar Blocks Collateral Relief Based on a Favorable Statutory-Interpretation Ruling Previously Offset by Plain-Error Affirmance Introduction United States v. Mohammed Jabateh (3d...
Pleading Plausible Intentional Discrimination Under Title VI and § 1985(3), and Funding Alone Does Not Create State Action Under § 1983 Introduction In Phyllis Alston v. Thomas Jefferson University...
United States v. Rembert: Rule 21(b) Transfer Denials, Grand Jury Subpoenaed Bank Records, and the “Bare Rationality” Sufficiency Standard Introduction In United States v. Carlton Rembert (3d Cir....
Rule 56(e)(2) Admissions and Personal-Involvement Limits in § 1983: Summary Judgment Affirmed When a Pro Se Plaintiff Does Not Properly Oppose 1. Introduction James Glover v. Barry Jacobs (3d Cir....
Jurisdictional Limits on Reviewing Discretionary Cancellation Denials: “Questions of Law” vs. Unreviewable Reweighing and Permissible Record-Based Fact Discussion Introduction In Asiman Sadigov v....