Discriminatory Intent (Not Disparate Impact) Governs Title VI and Pa. Const. Art. I § 29 Challenges to Charter-Closure Tools; School Closures Do Not Alone Implicate Pennsylvania’s Education Clause...
Contextual § 3553(a) Explanation Suffices on Plain-Error Review Even Without Explicit Discussion of Youth Mitigation 1. Introduction In United States v. Quaheem Bethea (3d Cir. Mar. 5, 2026) (not...
Admitted Material Breach Triggers NJFPA § 56:10-9 Defense; Implied-Covenant Claim Requires Proof of Bad Motive and Is Forfeited if Not Raised Below Introduction In SAT Agiyar LLC v. 7 Eleven Inc (3d...
Stay Pending Appeal Abused Where Court Rewrites Unambiguous Mediated Agreement to Add Extra Preconditions to Regulatory “Support” Obligations Case: In re: Ligado Networks LLC (3d Cir. Mar. 4, 2026)...
Plan Document as Standalone Arbitration Offer: Mailbox Presumption and Opt-Out Inaction Establish Assent Under New Jersey Law 1. Introduction In Curtis Stabile v. Macys Inc, the U.S. Court of Appeals...
Stay Pending Appeal Vacated Where District Court Misread an Unambiguous Mediated Agreement and Found Speculative “Irreparable Harm” Introduction In re Ligado Networks LLC (3d Cir. Mar. 4, 2026)...
Step-Three Mental-Listings Review: No Paragraph A Finding Required When Paragraph B and C Are Unmet; Holistic ALJ Reasoning and Harmless Listing Errors Introduction In Michael Pendergrass v....
Qualified Immunity for Warrant Searches: Reliance on Ethics-Commission Expertise and the Requirement of Fact-Specific “Clearly Established” Fourth Amendment Law 1. Introduction In Robert Boyer v....
NJFPA “Substantial Noncompliance” Bars Unreasonable-Standards Claims; Implied-Covenant Liability Requires Proof of Bad Motive Beyond Contract Enforcement 1. Introduction SAT Agiyar, LLC v. 7 Eleven,...
Third Circuit Affirms Mandatory Life Under § 841(b)(1)(C) and Career-Offender Treatment of Pennsylvania § 780-113(a)(30) Priors; Reserves Conflict-Based Ineffective Assistance Claims for § 2255...
EAJA Fee Awards for Immigration-Detention Habeas Petitions: “Any Civil Action” Includes § 2241 in the Third Circuit Case: Adolph Michelin v. Warden Moshannon Valley Correctional Center (consolidated...
Minor IDRS Transcript Errors Do Not Defeat Admissibility or Create a Genuine Dispute Over Installment-Agreement Termination Introduction In United States v. Albert Boufarah (3d Cir. Mar. 2, 2026)...
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...