Spin-Off Transition Communications and Contractual Licensing Can Defeat “Likelihood of Confusion” Under Lanham Act § 1125(a) Introduction In Amres Corp v. Nextres LLC (3d Cir. Feb. 17, 2026)...
Protective Sweeps After an Outside Arrest: Reasonable Suspicion from Gang/Drug-Base Intelligence Suffices; Cell-Phone Warrants Supported by Concealment Conduct and Residence Nexus I. Introduction...
“Snitch” Accusations Tied to Loss of Inmate Privileges May Constitute Adverse Action in First Amendment Retaliation Claims Introduction In Shawn Williams v. Robin Nyberg, a Pennsylvania inmate, Shawn...
Purely Functional Computer Code Is Not Covered by the First Amendment Absent Plausible Allegations of Expressive Use Defense Distributed; Second Amendment Foundation, Inc. v. Attorney General of New...
Non-Trivial Inconsistencies Between Affidavit and Testimony Sustain Adverse Credibility Under 8 U.S.C. § 1158(b)(1)(B)(iii) 1. Introduction In Francisco Merino-Angel v. Attorney General United States...
Perlman and Collateral-Order Limits: No Interlocutory Privilege Appeal When the Custodian-Law Firm Is a Defendant Asserting Its Own Work Product 1. Introduction In Pace O Matic Inc v. Eckert Seamans...
Sentencing-Stage Faretta Waivers in the Third Circuit: Peppers Topics Must Be Fully Explored and Penalty/Guidelines Advice Must Be Accurate 1. Introduction United States v. Marcellas Hoffman a/k/a...
Pleading “Actual Injury” in Prisoner Access-to-the-Courts Claims Requires Identifying the Underlying Nonfrivolous Claim and the Lost Remedy Introduction In John Butler v. Kanjorski (3d Cir. Feb. 11,...
Future Cure Must Be Definite, Not Speculative; Absent Proof of MMI, Seaman May Refile for Curative Treatment 1. Introduction In Tammy Knieling v. Don Fung Fook; William Poston (3d Cir. Feb. 11,...
Fixed Closing Dates Can Be Material Without “Time Is of the Essence,” and Waived Penalty Defenses Trigger Enforcement of Liquidated Deposits and Fee-Shifting 1. Introduction Donovan Realty, LLC; DD&A...
PLRA Exhaustion Defects May Be Cured by Supplemental Pleading; Premature Prisoner Suits Should Be Dismissed Without Prejudice (Wyatt v. West) Introduction In Tariq Wyatt v. West, a pro se...
Fixed Closing Dates Can Remain Material Without “Time Is of the Essence,” and Waived Penalty Defenses Require Enforcement of Liquidated-Deposit and Fee-Shifting Clauses 1. Introduction In Donovan...
ADA Title II Claims Against State Courts Require Disability-Based Exclusion Allegations to Pierce Sovereign Immunity; Adverse Judicial Rulings Are Not ADA Discrimination Introduction In Hilda T....
Federal-Officer Removal Requires a Complaint or Qualifying “Other Paper”; Federal Courts May Independently Discipline Attorneys Under Local Rules 1. Introduction In Cynthia Pollick v. Matthew Haar...
Writ-of-Summons-Only Filings Do Not Support Federal-Officer Removal; Federal Courts May Independently Discipline Attorneys Under Local Rules 1. Introduction In re: Cynthia Pollick, Esq. (Third...
Direct Commerce Clause Tax-Refund Suits in the Virgin Islands Borrow the Two-Year Personal-Injury Limitations Period; Territorial Refund Claims Do Not “Arise Under” Federal Law Absent a Substantial...
Commerce Clause Excise-Tax Refund Suits in the Virgin Islands: Two-Year Personal-Injury Limitations for Direct Constitutional Claims; No Federal-Question Jurisdiction for § 1692 Refund Claims Absent...
Retaliation Claims Fail When the Adverse Decision Predates Protected Activity and When “Opposition” Lacks an Objectively Reasonable Discrimination Basis (Wolf v. Progressive Pain Management) 1....
Apex Construction Co. Inc v. United States Virgin Islands: Section 1692 Excise-Tax Refund Claims Do Not “Arise Under” Federal Law, and Direct Commerce Clause Claims Borrow the Virgin Islands’...
Third Circuit: No Federal-Question Jurisdiction for 33 V.I.C. § 1692 Refund Claims Absent a “Substantial” Federal Issue; Direct Commerce Clause Refund Claims Borrow the Two-Year Personal-Injury...