Third Circuit Limits Broad Labor Arbitration Clauses: A Grievance Must Arise from a CBA-Created Right, Not a Prior Award Introduction In International Brotherhood of Electrical Workers, Local Union...
CAFA Preliminary Injunctions Require a Facial Allegation of Minimal Diversity (Citizenship, Not Mere Residency) Case: David Hice v. EQT Corp. (No. 25-2729) — United States Court of Appeals for the...
Nonlawyer Trustees Cannot Seek Mandamus for a Trust; Mandamus Is Not a Substitute for Appeal 1. Introduction In re: Sharisse Juanita Filus (3d Cir. Mar. 20, 2026) arises out of a dispute following...
Gang Extortion Threats Are Not “On Account Of” a Protected Ground Without Evidence of Motive, and Unfulfilled Extortion Threats Typically Do Not Meet CAT “Torture” 1. Introduction Case: Christina...
Qualified Immunity Applies Absent Clearly Established Right to Receive Bulk Religious Mailings in Prison Case: Misael Cordero v. Gregory Kelley (Third Circuit, No. 23-1815) Court: United States Court...
18 U.S.C. § 286 Tax-Refund Conspiracy Categorically “Involves Fraud or Deceit” Under INA § 1101(a)(43)(M)(i), with Loss Proven Circumstance-Specifically via Indictment and Restitution Agyei Tabi v....
Reasonable Suspicion from Corroborated Anonymous Tip and Waistband-to-Car Toss; Handcuffing as Safety Measure; Plain-View Firearm Establishes Probable Cause 1. Introduction United States v. Steven...
Fair Valuation of Disputed (Noncontingent) Litigation Claims in Preference Solvency: Post-Transfer Judgments and Settlements May Inform Value 1. Introduction In re: ALLONHILL, LLC (3d Cir. Mar. 16,...
United States v. Rohan Lyttle: A General Rule 29 Motion Does Not Preserve a Specific Foreseeability Challenge; Large Credit-Card Purchases Can Satisfy Wire-Fraud Foreseeability Introduction In United...
Foreclosure-Related Federal Claims Barred by Rooker-Feldman and New Jersey’s Entire Controversy Doctrine; Undeveloped Appellate Issues Are Forfeited Case: Catherine Lin-Hendel v. Linton Turner, No....
Extensive Treatment and Contextualized Statements Defeat Deliberate-Indifference and Retaliation Inferences at Summary Judgment Case: Glavin Ivy v. Wellpath (No. 23-2516) Court: United States Court...
Federal Habeas Evidentiary Hearing Required When State Court Denies Hearing by Deeming Allegations Meritless Even if True (Pinholster/Fooks Exception) 1. Introduction Case: Keith Whitmore v....
Federal Defenses and “Expatriation” Cannot Support Removal of State Foreclosure/Ejectment; Municipalities Count for Diversity Introduction City of Philadelphia v. Kevin Hand is a non-precedential...
Police-Promotion Retaliation Claims Require Expressive Association or Known, Causally Prior Protected Speech I. Introduction In Guido Bussinelli v. Township of Mahwah (3d Cir. Mar. 11, 2026) (not...
Evasive Flight Near an Abandoned Crash Creates Reasonable Suspicion; Control Strikes to Expose Hands Are Reasonable Amid Active Resistance 1. Introduction In Michael Kaplon v. Morris Township Police...
Extortion Threats Without a Protected-Ground Nexus Do Not Support Asylum; Unexhausted CAT Claims Are Unreviewable When the Government Invokes Exhaustion 1. Introduction In Carlos Marcos Salas v....
Paid Civil Expert Testimony Does Not Create a Pennsylvania Public-Policy Wrongful-Discharge Claim; ADA Claims Fail Absent Pretext or Ability to Work 1. Introduction J'Amy Kluender v. United States...
Third Circuit Clarifies When “Intent to Distribute” Is “Sufficiently in Dispute” to Require a Lesser-Included Simple-Possession Instruction Introduction In United States v. Carlos Gascot Concepcion...
Marijuana Odor, Safety-Related Stop Measures, and Flight as Probable Cause for Vehicle-and-Container Searches; Sentencing Appeal Waivers Enforced Despite Judicial Encouragement I. Introduction In...
Enforcing Appellate Waivers in Anders Appeals: De Novo Validity Review, Miscarriage-of-Justice Limitation, and Affirmance (Not Dismissal) Introduction United States v. Dayakar Mallu (3d Cir. Mar. 9,...