Commerce Clause Tax-Refund Litigation in the Virgin Islands: (1) No § 1331 Jurisdiction for 33 V.I.C. § 1692 Refund Claims Absent a “Substantial” Federal Issue, and (2) a Two-Year Personal-Injury...
Federal Jurisdiction and Limitations Rules for USVI Excise-Tax Refund Litigation: No Grable “Substantial Federal Issue” for 33 V.I.C. § 1692 Claims; Two-Year Personal-Injury Limitations for Direct...
PPP “Payroll Costs” Exclude a Business’s Payments to Independent Contractors Under CARES Act § 636(a)(36)(A)(viii) I. Introduction Essintial Enterprise Solutions, LLC v. SBA (3d Cir. Feb. 3, 2026)...
Attempted Murder of a Federal Witness Categorically Qualifies as a § 924(c) “Crime of Violence” Under the Elements Clause Case: United States v. Dameia Smith (3d Cir. Feb. 3, 2026) (precedential)...
Speculation About Wet or Worn Stairs Cannot Defeat Summary Judgment in FTCA Premises-Liability Claims Case: Naomi Speaks v. United States of America; Elwyn Industries, Inc. Court: United States Court...
Best Price Rule Does Not Compel Purchase of Tendered Shares Subject to Transfer Restrictions Case: Pawneet Abramowski v. Nuvei Corp. (3d Cir. Feb. 3, 2026) Court: U.S. Court of Appeals for the Third...
EAJA Fee-Shifting Applies to § 2241 Immigration-Detention Habeas Petitions as “Any Civil Action” Case: Adewumi Abioye v. Warden Moshannon Valley Correctional Center (consolidated with Adolph Michelin...
EAJA “Any Civil Action” Unambiguously Covers § 2241 Habeas Challenges to Civil Immigration Detention I. Introduction In Adolph Michelin v. Warden Moshannon Valley Correctional Center (consolidated...
Third Circuit: Zip-Code “Golden Ticket” Admissions and Racial Proportionality Evidence Can Trigger Arlington Heights Strict Scrutiny; “Before-and-After” and Individual Harm Evidence Permitted...
“Likely” Is Not “Reasonably Certain”: Forfeiture of Obvious-Causation and Strict Medical-Certainty Proof of Causation in Pennsylvania Personal-Injury Product Cases 1. Introduction In Joseph Riad v....
Settlement-Meeting Disclosures Can Trigger UFTA Inquiry Notice and Start the One-Year Discovery Limitations Period Court: United States Court of Appeals for the Third Circuit Date: January 30, 2026...
Forfeiture on Review, Late-Evidence Deadlines, and Due Process Bias Claims in Non-LPR Cancellation Cases 1. Introduction In David Camargo Gomez v. Attorney General United States of America (3d Cir....
Hopes of Leniency Are Not Brady/Giglio Material: No Disclosure Duty Without an Actual Pretrial Leniency Understanding Introduction In Rafael Mueses Popote, the United States Court of Appeals for the...
United States v. Abrams: General Rule 29 Motions Do Not Preserve Later-Articulated Sufficiency Theories; MVRA § 3663A(b)(4) Does Not Authorize Restitution for Attorneys’ Fees Court: U.S. Court of...
Third Circuit: Bare Rule 29 Motions Do Not Preserve Later-Articulated Sufficiency Arguments, and MVRA § 3663A(b)(4) Does Not Permit Restitution for Victims’ Attorneys’ Fees Case: United States v....
Self-Defense Does Not Bar § 2K2.1(b)(6)(B) Enhancement Where Deadly Force Was Unreasonable and Retreat Was Available—Especially for a Felon in Illegal Possession 1. Introduction United States v....
CHRIA § 9125 Applies When an Employer Receives Self-Disclosed Conviction Information 1. Introduction In Rodney Phath v. Central Transport LLC (3d Cir. Jan. 28, 2026), the U.S. Court of Appeals for...
Comparator Specificity and Retaliation Causation: No Prima Facie ADEA/PHRA Case Without Truly Similar Comparators or a Causally Suggestive Timeline Introduction In William Richter v. Duquesne...
Title VII “Reasonable Accommodation” Must Be Reasonable for the Employee, and “Undue Hardship” Is Generally Not Resolved on a Motion to Dismiss Case: Theodore Federoff v. Geisinger Clinic Court:...
Qualified Immunity Bars COVID-19 Nursing-Home Policy Damages Claims Absent Fact-Specific, Clearly Established Authority Introduction In Estate of Frances D. DeRosa v. Philip Murphy (3d Cir. Jan. 23,...