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  • Commentaries
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3d Circuit Case Commentaries

Concrete Downstream Consequences Required for Informational Injury Standing Under NVRA

Concrete Downstream Consequences Required for Informational Injury Standing Under NVRA

Date: Apr 26, 2025
Concrete Downstream Consequences Required for Informational Injury Standing Under NVRA Introduction The Third Circuit’s decision in Public Interest Legal Foundation v. Secretary Commonwealth of...
Affirmative Defenses Do Not Undermine Probable Cause in § 3503(b) Defiant Trespass Arrests

Affirmative Defenses Do Not Undermine Probable Cause in § 3503(b) Defiant Trespass Arrests

Date: Apr 26, 2025
Affirmative Defenses Do Not Undermine Probable Cause in § 3503(b) Defiant Trespass Arrests Introduction This commentary examines the Third Circuit’s decision in Edwin Soto‐Santana v. Stephan Wengen,...
Informational Injury Standing Under the NVRA Requires Concrete Downstream Consequences

Informational Injury Standing Under the NVRA Requires Concrete Downstream Consequences

Date: Apr 26, 2025
Informational Injury Standing Under the NVRA Requires Concrete Downstream Consequences Introduction In Public Interest Legal Foundation v. Secretary Commonwealth of Pennsylvania, 3d Cir. Nos....
Credibility and Substantial Evidence Standards in LHWCA Disability Determinations

Credibility and Substantial Evidence Standards in LHWCA Disability Determinations

Date: Apr 25, 2025
Credibility and Substantial Evidence Standards in LHWCA Disability Determinations Introduction This commentary examines the Third Circuit’s decision in Global Terminal & Container Services, Inc. v....
Equitable Enforcement of Bankruptcy Fee-Disclosure Requirements and Core Jurisdiction Affirmed in In re Aquilino

Equitable Enforcement of Bankruptcy Fee-Disclosure Requirements and Core Jurisdiction Affirmed in In re Aquilino

Date: Apr 25, 2025
Equitable Enforcement of Bankruptcy Fee-Disclosure Requirements and Core Jurisdiction Affirmed in In re Aquilino Introduction In In re: Louie Joseph Aquilino and Robin Aquilino, Nos. 24-1781, 24-1782...
Waiver of Sixth Amendment Right to Counsel by Repeated Conflict-Driven Conduct

Waiver of Sixth Amendment Right to Counsel by Repeated Conflict-Driven Conduct

Date: Apr 25, 2025
Waiver of Sixth Amendment Right to Counsel by Repeated Conflict-Driven Conduct Introduction United States v. Omar Morales Colon (3rd Cir. Apr. 24, 2025) addresses the narrow but vital question of...
Waiver of Sixth Amendment Right to Counsel by Conduct: Clarifications from United States v. Omar Colon

Waiver of Sixth Amendment Right to Counsel by Conduct: Clarifications from United States v. Omar Colon

Date: Apr 25, 2025
Waiver of Sixth Amendment Right to Counsel by Conduct: Clarifications from United States v. Omar Colon Introduction United States v. Omar Colon, decided on April 24, 2025 by a panel of the Third...
United States v. Williams: Reinforcing the Plain-Feel Doctrine in Protective Pat-Downs

United States v. Williams: Reinforcing the Plain-Feel Doctrine in Protective Pat-Downs

Date: Apr 24, 2025
United States v. Williams: Reinforcing the Plain-Feel Doctrine in Protective Pat-Downs Introduction United States v. Edwin Williams, 3d Cir. No. 23-1494 (Apr. 23, 2025), arises from a traffic stop in...
Specific-Intent Requirement Bars Tort Claim for Refusal to Provide Affidavit of Merit

Specific-Intent Requirement Bars Tort Claim for Refusal to Provide Affidavit of Merit

Date: Apr 24, 2025
Specific-Intent Requirement Bars Tort Claim for Refusal to Provide Affidavit of Merit Introduction Harold R. Berk, a retired attorney, appealed the dismissal of his suit against the Rothman Institute...
Smartphones Are “Computers” Under U.S.S.G. §2G2.2(b)(6): Third Circuit Clarifies Digital-Format Enhancement

Smartphones Are “Computers” Under U.S.S.G. §2G2.2(b)(6): Third Circuit Clarifies Digital-Format Enhancement

Date: Apr 23, 2025
Smartphones Are “Computers” Under U.S.S.G. §2G2.2(b)(6): Third Circuit Clarifies Digital-Format Enhancement Introduction United States v. Randal Wise, 24-2460 (3d Cir. Apr. 22, 2025), presents a...
Attempted Armed Bank Robbery Under 18 U.S.C. §2113(d) as a Predicate Crime of Violence

Attempted Armed Bank Robbery Under 18 U.S.C. §2113(d) as a Predicate Crime of Violence

Date: Apr 22, 2025
Attempted Armed Bank Robbery Under 18 U.S.C. §2113(d) as a Predicate Crime of Violence Introduction In United States v. Ronald Vines, 3rd Cir. No. 23-2843 (Apr. 21, 2025), the Third Circuit addressed...
Mandatory Explanation of Upward Variances Beyond Applicable Guidelines Enhancements

Mandatory Explanation of Upward Variances Beyond Applicable Guidelines Enhancements

Date: Apr 22, 2025
Mandatory Explanation of Upward Variances Beyond Applicable Guidelines Enhancements Introduction United States v. Timothy Gritman, No. 24-1351 (3d Cir. Apr. 21, 2025), addresses an important...
Excludable Pretrial Motion Delays Under the Speedy Trial Act: United States v. Owens

Excludable Pretrial Motion Delays Under the Speedy Trial Act: United States v. Owens

Date: Apr 19, 2025
Excludable Pretrial Motion Delays Under the Speedy Trial Act: United States v. Owens Introduction United States v. Zachariah Owens (3d Cir. Apr. 18, 2025) addressed whether extended delays between...
Job-Related Medical Documentation Requirements Consistent with Business Necessity Under the ADA

Job-Related Medical Documentation Requirements Consistent with Business Necessity Under the ADA

Date: Apr 19, 2025
Job-Related Medical Documentation Requirements Consistent with Business Necessity Under the ADA Introduction This commentary examines the Third Circuit’s unpublished decision in James Chadwick v....
Clarifying Excludable Delay Under the Speedy Trial Act: From Filing to Hearing

Clarifying Excludable Delay Under the Speedy Trial Act: From Filing to Hearing

Date: Apr 19, 2025
Clarifying Excludable Delay Under the Speedy Trial Act: From Filing to Hearing Introduction United States v. Kayla Fair and Zachariah Owens (3d Cir. Apr. 18, 2025) presented the Third Circuit with...
Res Judicata Bars Bankruptcy Objections for Unappealed Post-Judgment Payment Credits

Res Judicata Bars Bankruptcy Objections for Unappealed Post-Judgment Payment Credits

Date: Apr 18, 2025
Res Judicata Bars Bankruptcy Objections for Unappealed Post-Judgment Payment Credits Introduction In In re: Gabriel Bravo, the Third Circuit addressed whether a debtor’s objection to a creditor’s...
Series-of-Acts Joinder Permitted for Similar Robbery Offenses Under Rule 8(b)

Series-of-Acts Joinder Permitted for Similar Robbery Offenses Under Rule 8(b)

Date: Apr 17, 2025
Series-of-Acts Joinder Permitted for Similar Robbery Offenses Under Rule 8(b) Introduction The Third Circuit’s decision in United States v. Nickolas Passineau addresses whether two separate pharmacy...
Harmless Error Doctrine in Sentencing Guideline Calculations: United States v. Monte Barry

Harmless Error Doctrine in Sentencing Guideline Calculations: United States v. Monte Barry

Date: Apr 17, 2025
Harmless Error Doctrine in Sentencing Guideline Calculations Introduction United States v. Monte Barry, decided April 16, 2025 by the Third Circuit, addresses the interplay between the Sentencing...
Section 107’s Primacy Over the Common-Law Right of Access in Bankruptcy Proceedings

Section 107’s Primacy Over the Common-Law Right of Access in Bankruptcy Proceedings

Date: Apr 17, 2025
Section 107’s Primacy Over the Common-Law Right of Access in Bankruptcy Proceedings Introduction In In re: ESML Holdings Inc., DBA Mesabi Metallics Co. LLC (Nos. 23-2954 & 24-2265), the Third Circuit...
Clarifying the "Unable or Unwilling to Protect" Standard in Domestic Violence Asylum Claims

Clarifying the "Unable or Unwilling to Protect" Standard in Domestic Violence Asylum Claims

Date: Apr 17, 2025
Clarifying the "Unable or Unwilling to Protect" Standard in Domestic Violence Asylum Claims Introduction The Third Circuit’s decision in Mayra Lopez-Barrera v. Attorney General, United States of...
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