Waiver of Household Vehicle Exclusion: Insurer Must Timely Plead Policy Exclusions as Affirmative Defenses; Mione Did Not “Change” Pennsylvania Law I. Introduction In Haley Rodd v. James McCoy;...
Ongoing Misconduct and Insufficient Harm Evidence Bar Eighth Amendment Relief for Prolonged Restricted Housing at Summary Judgment (Third Circuit) Introduction In John Wayne v. John Wetzel (3d Cir....
MPPAA Withdrawal Liability: “As Soon as Practicable” Notice Is a Non‑Waivable Element of the Claim and May Be Resolved in Court 1. Introduction In RTI Restoration Technologies, Inc. v. International...
Objective Evidence of Persecutor Knowledge Is Required to Reopen Asylum Claims Based on “Cooperating Witness” PSG Nexus 1. Introduction In Walter Suarez Juarez v. Attorney General United States of...
Parents’ Pro Se Limits and IDEA LRE Review: Deference to ALJ Findings Under Oberti’s Mainstreaming Framework 1. Introduction In R. S., by and through his parents; M. S.; N. S., in their own right v....
Late “Certification” as Sham Affidavit: Fabrication-of-Evidence and Malicious-Prosecution Claims Fail Absent Persuasive Proof and Probable Cause 1. Introduction Case: Aakash Dalal v. John Molinelli,...
EAJA “Any Civil Action” Includes Immigration Habeas Petitions, Permitting Attorney-Fee Awards Against the United States Introduction This Third Circuit matter arises from consolidated appeals...
Telephonic Threats from Abroad and Speculative Risk Do Not Establish Withholding or CAT Eligibility Absent Concrete Evidence of Future Harm and Government Acquiescence 1. Introduction In Selassie...
Incorporation-by-Reference Preserves Employment Arbitration; Pre‑Arbitration Discovery Requires a Genuine Dispute of Material Fact Introduction In Symrise Inc v. Ahmed Ali (Third Circuit, Mar. 2,...
Swatting as “Intent to Carry Out” a Threat and Threats to Counsel/Judge as Obstruction Under the Guidelines 1. Introduction In United States v. Eric Hafner (3d Cir. Feb. 27, 2026) (not precedential),...
Ex parte Young Requires a Plausibly Ongoing Federal Violation: Past Custody-Case Allegations and Speculative Future Harm Do Not Defeat Eleventh Amendment Immunity 1. Introduction Case: Dana Thornton...
Actual Notice and Date-Specific “Good Cause” Control When an ALJ Dismisses for Nonappearance; HALLEX Naming Guidance Does Not Invalidate Notice 1. Introduction Alterna Timepeace v. Commissioner...
Guilty-Plea Withdrawal Requires Strickland Prejudice Despite Claimed Misadvice on Appellate Waiver; Swatting and Threats to Counsel/Judge Support Guidelines Enhancements Introduction In United States...
Immigration PFR Venue Follows the Controlling Immigration Court Absent a Formal Change, Yet May Be Retained When Transfer Is Not “In the Interest of Justice” Introduction In Khawar Saleem v. Attorney...
Stale “Secondary Gain” Rationales and Suicide Risk: Professional-Judgment Deference Requires an Informed, Current Assessment Introduction Brian Brown v. Brooke Civiello is a Third Circuit Eighth...
No Compulsory-Process Violation Absent Government-Caused Unavailability and a Concrete Showing of Material, Favorable Testimony: United States v. Okoro Introduction In United States v. Omoyoma Okoro...
Due Process in Removal Proceedings Requires Substantial Prejudice; “Criminal Deportees” Not a Particular Social Group; New Country-Conditions Evidence Must Be Raised by Motion to Reopen Introduction...
CAT Relief May Be Denied at Myrie Step One Absent Proof of a >50% Likelihood of Harm, and Withholding Fails Without Nexus and Social Distinction Evidence 1. Introduction In Rutul Jaiswal v. Attorney...
Immunity Survives Internal Court-Assignment Errors: Judges Retain Judicial Immunity and Prosecutors Retain Absolute Immunity for Advocacy in Contempt Proceedings Introduction Elijah White v. Jason...
Affirmative Defenses Are Forfeited If Not Reasserted at Summary Judgment (Third Circuit) Introduction DLJ Mortgage Capital, Inc. v. Neal Antonio Stevens; Carlvin Leonard Stevens, a/k/a Calvin Leonard...