Third Circuit “Clear Indication” Rule: Bench Warnings Can Trigger Undue Delay for Post-Judgment Amendment; Medical-Pixel Disclosure Suffices for Article III Standing Without Itemizing Conditions I....
Third Circuit: Long-Present “Applicants for Admission” Detained in the Interior Are Not “Seeking Admission” Under INA § 1225(b)(2)(A) and Must Receive Bond Process Under § 1226(a) and the Fifth...
Revoked Non‑Prosecution Understandings Are Not Brady Impeachment Material Absent the Witness’s Expectation at Trial (AEDPA Deference Applied) Case: John Koehler v. Secretary Pennsylvania Department...
Due Process Allows a 4:1 Punitive-to-Compensatory Ratio for Exceedingly Reprehensible § 1981 Workplace Racism (and Attorney’s Fees Need Not Enter the Ratio) Case: Patricia Holmes v. American...
Due Process in § 1981 Hostile-Environment Cases: Exceedingly Reprehensible Racism Can Support a 4:1 Punitive-to-Compensatory Ratio (and 2:1 Is Not a Constitutional Ceiling) Patricia Holmes v....
Due Process Permits 4:1 Punitive-to-Compensatory Ratio for Exceedingly Reprehensible § 1981 Racial Harassment Introduction Patricia Holmes v. American HomePatient, Inc. (3d Cir. Aug. 27, 2026) arises...
“Meet ASTM D6751” Unambiguously Requires Technical Compliance for RIN Generation and BMC Credits; Brady Does Not Extend to Impeachment of Non-Testifying Warrant Affiants 1. Introduction In United...
Third Circuit: No Plain-Error Allocution Relief Without Showing a Willingness to Speak; Rule 32 “Good Cause” Allows Late Guideline Objections to Ensure a Correct Range 1. Introduction United States...
“Meet ASTM D6751” Means Technical Compliance for RIN Generation and Biodiesel Tax Credits; Brady/Giglio Does Not Require Impeachment Disclosures for Non‑Testifying Warrant Affiants Case: United...
ASTM D6751 § 1.2 Does Not Create Ambiguity: RFS RIN Generation Requires Up-to-Spec Biodiesel, and Brady/Giglio Do Not Extend to Non-Testifying Warrant Affiants Introduction In United States v. Race...
United States v. McIver: No Interlocutory Appeal for Selective/Vindictive Prosecution Denials; Speech or Debate Clause Does Not Immunize Non‑Legislative Physical Interference During Oversight Visits...
Third Circuit: No Interlocutory Appeal for Selective/Vindictive-Prosecution Denials; Legislative Immunity Limited to Speech or Debate—Remand Required for Overbroad § 111 Count Introduction United...
CAT-Only Petitions After Removal Are Moot Absent Redressable Collateral Consequences or a Realistic Path to Return Case: Jose Mejia-Henriquez v. Attorney General United States of America (3d Cir....
Rule 41(g) Return of Seized Domain Denied Where OFAC Sanctions Bar Lawful Possession (Entitlement Assessed at Time of Motion) 1. Introduction In Timofey V v. United States (3d Cir. Aug. 25, 2026),...
Unconditional Guilty Pleas Waive Statute-of-Limitations Appeals; Broad Limitations Waivers in Plea Agreements Survive Plea Withdrawal 1. Introduction In United States v. Luis Figueroa (3d Cir. Aug....
Third Circuit: Time-Barred § 1983 Claims, No Standing Without Credible Threat of Enforcement, and Conclusory “Conspiracy” Allegations Cannot Salvage a Murky Complaint 1. Introduction In Andre Boyer...
Express Reservation + Needed Factual Development Defeats Implied Waiver of FAA Arbitration Rights Case: Jane Parkin v. Avis Rent a Car System LLC (captioned defendants include Budget Rent A Car...
Silence Is Not “Affirmative Non‑Opposition”: Administrative Closure Requires an Explicit DHS Indication Under 8 C.F.R. § 1003.1(l)(3) 1. Introduction In Ayman Mohamady-Abdelghaffar v. Attorney...
Indiana Sexual Battery “By Force or Imminent Threat of Force” Is a CIMT and May Be Treated as a Particularly Serious Crime Case: Kudzai Shonhai v. Attorney General United States of America (3d Cir....
No Implied Waiver of Arbitration Against Unnamed Class Members Before They Become Parties 1. Introduction Roger Salvatora v. XTO Energy Inc (3d Cir. Aug. 24, 2026) is an interlocutory appeal arising...