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A Witness’s Prior Letter Is Not Substantive Evidence Unless the Witness Vouches for Its Truth; “Or Otherwise” in the Federal Kidnapping Statute Encompasses Drug‑Debt Recoupment — United States v....
No Ongoing Violation, No Young Exception: Third Circuit Reaffirms Eleventh Amendment Bar and Requires Without-Prejudice Dismissal in Official-Capacity § 1983 Suits Introduction In Corsnitz v....
“Preserve It or Lose It”: Third Circuit Reaffirms Waiver for Failure to Challenge Magistrate’s Denial of Counsel and Upholds Immunity Bar to § 1983 Claims Against State Family‑Court Actors...
“Dispute Arises” Under the EFAA Means Employer–Employee Opposition, Not Injury or EEOC Filing: Third Circuit’s Precedential Clarification in Cornelius v. CVS Introduction In a precedential opinion,...
Selective Enforcement Discovery in Prison Contraband Cases: Small Samples, Self‑Selection, and Mandatory Referral Policies Can Justify Denial Introduction In United States v. Brian Foster (3d Cir....
Essential Features of the Three-Tier System: Third Circuit Replaces Freeman with Tennessee Wine’s Test and Upholds New Jersey’s Retailer Physical Presence and In-State Wholesaler Requirements...
Noncompliance Controls: Qualified Immunity and Pennsylvania Sovereign Immunity for a Single Pepper‑Spray Burst Against a Medically Restricted Inmate Introduction This commentary analyzes the Third...
“No Pro Se Penalty” After Abandonment: Third Circuit Extends Martinez to Self‑Represented PCRA Filings and Finds Ineffective Assistance for Misclassifying § 922(g)(1) Under Pennsylvania Guidelines...
Paid Professional Advice Is Protected Speech: Third Circuit Requires First Amendment Scrutiny of New Jersey’s Ban on Compensation for Veterans‑Claims Counseling Introduction In a precedential opinion...
From Possibility to Probability: Third Circuit Reaffirms That Understaffing Allegations and Abstract Capacity Models Do Not Satisfy Rule 9(b)’s “Reliable Indicia” Requirement in FCA Cases Note: The...
Rule 56 Clarified: Unverified Complaints and Unsworn Prison Grievances Are Not Competent Summary-Judgment Evidence; Non-Assertive Commands Are Non-Hearsay Case: Jamar L. Travillion v. John E. Wetzel,...
Third Circuit’s Brookins Rule: Mandatory Content for Anders Briefs in Supervised Release Revocation Appeals Introduction In United States v. Anthony Brookins (3d Cir. Apr. 1, 2025) (precedential),...
No Formal Hierarchy Required: Third Circuit Affirms Tier III Designation of the Grey Wolves and Broad Reach of the INA’s Material-Support Bar Case: Askin Ozturk v. Attorney General of the United...
Third Circuit Reaffirms: No Per Se “Futility” Bar—Reimposing Supervised Release for Deterrence and Rehabilitation Is Substantively Reasonable Even After Repeated Violations Case: United States v....
Flexible Campus Due Process and Strict Causation for Retaliation: The Third Circuit’s Clarifications in Williams v. Pennsylvania State University Introduction In Williams v. Pennsylvania State...
End-Organ Effects or Explanation Required: Third Circuit Upholds ALJ’s Step‑3 Use of Record Silence and “Simple Tasks” RFC After Moderate Mental Limitations Case: Ramon Placencia v. Commissioner of...
Reasonable Suspicion to Detain Managers of Unlicensed Bars; Deleted Undercover Texts Do Not Trigger Due‑Process Spoliation Absent Apparent Exculpatory Value or Bad Faith Introduction In United States...
Minimal Explanation Suffices for Compassionate Release Denials; Amendment 826 Is Not Retroactive Under § 3582(c)(2) Introduction This commentary analyzes the Third Circuit’s per curiam disposition in...
Reaffirming MVRA Restitution Proof and Explanation Requirements: PSR Assertions Alone Are Insufficient — United States v. Thomas (3d Cir. 2025) Court: U.S. Court of Appeals for the Third Circuit...
Third Circuit Reaffirms Non‑Retroactivity of Amendment 826 and Clarifies Limits on “Unusually Long Sentence” Compassionate Release Under § 1B1.13(b)(6) Introduction In United States v. Omelyan...