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In re ESML Holdings Inc.: Bankruptcy Code § 107 Governs Sealing of Judicial Records Introduction In this consolidated appeal—Nos. 23-2954 & 24-2265—the United States Court of Appeals for the Third...
Adler v. Gruma: FAA §1 Exemption for Interstate Distributors & New Jersey Choice-of-Law Principles Introduction In Charles Adler, et al. v. Gruma Corporation, the United States Court of Appeals for...
Clarifying Joinder and Evidence Admissibility in Serial Robbery Cases: United States v. Suggs Introduction United States v. John Suggs, decided by the Third Circuit on April 16, 2025, addresses...
Rule 54(b) Finality: Fraud and Warranty as a Single Claim for Appeal Introduction In Gustavo Diaz et al. v. FCA US LLC, the Third Circuit addressed the boundaries of final-order jurisdiction under 28...
After-Acquired Evidence Doctrine Bars Reinstatement and Backpay in CBA Arbitrations Introduction Teamsters Local Union No. 355 v. Ensinger Penn Fibre, Inc. is a Third Circuit decision addressing the...
Vulnerable Victim Sentencing Enhancement for Grandparent Fraud Schemes Introduction In United States v. Tarek Bouanane and Roderick Feurtado (3d Cir. Apr. 14, 2025), the Third Circuit Court of...
Sentencing Enhancement for Exploitation of Vulnerable Victims in Grandparent Scams under U.S.S.G. § 3A1.1(b)(1) 1. Introduction The Third Circuit’s decision in United States v. Roderick Feurtado...
Reaffirming Felon-Status Knowledge Under § 922(g) and Prohibiting Double Punishment in Bank Robbery Charges Introduction United States v. Leonard Gibbons is a Third Circuit decision issued on April...
Heightened FCA Pleading Standards: Materiality and Falsity in Fraudulent Inducement Claims Introduction The Third Circuit’s decision in Charles Bennett v. Bayer Corporation clarifies the rigorous...
Defining Undue Hardship: Title VII Accommodations and Mandatory COVID-19 Vaccination in Healthcare Introduction In Joseph Bushra v. Main Line Health, Inc., No. 24-1117 (3d Cir. Apr. 10, 2025), Dr....
Establishing “Egregious Adverse Factor” Threshold in Asylum Discretion: Thankarasa Precedent Introduction Jathursan Thankarasa v. Attorney General of the United States (3d Cir. Apr. 10, 2025)...
Voluntariness of Plea Unaffected by Misunderstanding of Armed Career Criminal Enhancement Introduction United States v. Sharif Layton is a Third Circuit decision addressing whether a federal inmate...
Permissible Family Intervention in Plea Decisions: Defining Coercion and Counsel Competence Introduction United States v. Marcus Akiem Ricketts (3rd Cir. Apr. 9, 2025) addresses whether a criminal...
Supportability and Consistency: Evaluating Medical Opinion Evidence Under 20 C.F.R. § 404.1520c in Social Security Disability Claims Introduction In Susan Chung v. Commissioner of Social Security,...
Affirmation of Drug-Purity Calculation and Organizer-Leader Enhancement in Sentencing Guidelines Introduction United States v. Glenn Long arises from a federal indictment in Camden, New Jersey,...
Martinez Exception Requires a Substantial Underlying Strickland Claim: Todaro v. Houtzdale Introduction Joseph Todaro, Sr. (the “Appellant”) challenges the dismissal of his federal habeas petition...
Establishing Persecution and Acquiescence Standards in Asylum and CAT Claims: Nascimento v. AG 1. Introduction Case Name: Vandecarlos Ferreira do Nascimento, et al. v. Attorney General of the United...
Affirmation of Abel’s Bad-Faith Standard for Administrative Warrants and Guidelines §5K2.21 Upward Departures Introduction United States v. Coles, Preddy & Jenkins-Armstrong consolidates appeals by...
United States v. Coles et al.: Limits on Administrative Warrant Use and the Categorical Crime-of-Violence Rule Introduction This commentary examines the Third Circuit’s April 7, 2025 decision in...
Limits on Administrative Parole Warrants and Crimes-of-Violence Predicates under 18 U.S.C. § 924(c) Introduction United States v. Coles, Preddy & Jenkins-Armstrong (3d Cir. Apr. 7, 2025) is a...