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  • Commentaries
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3d Circuit Case Commentaries

Limiting Instructions and Strong Independent Evidence Foreclose Habeas Relief for Prosecutorial Overreach Under AEDPA

Limiting Instructions and Strong Independent Evidence Foreclose Habeas Relief for Prosecutorial Overreach Under AEDPA

Date: Mar 29, 2025
Limiting Instructions and Strong Independent Evidence Foreclose Habeas Relief for Prosecutorial Overreach Under AEDPA Introduction This commentary examines the Third Circuit’s non-precedential...
Settlement-as-Revision under the MPPAA: Third Circuit Opens § 1401(b)(1) Collection Route After Mid-Arbitration Settlement

Settlement-as-Revision under the MPPAA: Third Circuit Opens § 1401(b)(1) Collection Route After Mid-Arbitration Settlement

Date: Mar 28, 2025
Settlement-as-Revision under the MPPAA: Third Circuit Opens § 1401(b)(1) Collection Route After Mid-Arbitration Settlement Introduction In Central States, Southeast & Southwest Areas Pension Fund v....
Brady Materiality Requires Reliability Impact; Delaware Rule 61(i) Bars Trigger Federal Procedural Default — Commentary on Mason v. State of Delaware (3d Cir. Mar. 26, 2025)

Brady Materiality Requires Reliability Impact; Delaware Rule 61(i) Bars Trigger Federal Procedural Default — Commentary on Mason v. State of Delaware (3d Cir. Mar. 26, 2025)

Date: Mar 27, 2025
Brady Materiality Requires Reliability Impact; Delaware Rule 61(i) Bars Trigger Federal Procedural Default Introduction This commentary examines the Third Circuit’s nonprecedential decision in Bruce...
Arbitrability Discovery Required When Agency to Assent Is Genuinely Disputed: Third Circuit Remands in Kirkham (Sessoms) v. TaxAct

Arbitrability Discovery Required When Agency to Assent Is Genuinely Disputed: Third Circuit Remands in Kirkham (Sessoms) v. TaxAct

Date: Mar 27, 2025
Arbitrability Discovery Required When Agency to Assent Is Genuinely Disputed: Third Circuit Remands in Kirkham (Sessoms) v. TaxAct Court: United States Court of Appeals for the Third Circuit Date:...
Draft Settlement with Material Blanks and No Signatures Is Not Enforceable under New Jersey Law

Draft Settlement with Material Blanks and No Signatures Is Not Enforceable under New Jersey Law

Date: Mar 27, 2025
Lento v. Altman: The Third Circuit Confirms that a Draft “Settlement Agreement” with Material Blanks and No Signatures Is Not an Enforceable Contract under New Jersey Law Court: United States Court...
Third Circuit Reaffirms: Public Defender Appeal Filings Are Not “State Action” Under § 1983; Conclusory Supervisory “Policy” Allegations Fail Under Iqbal

Third Circuit Reaffirms: Public Defender Appeal Filings Are Not “State Action” Under § 1983; Conclusory Supervisory “Policy” Allegations Fail Under Iqbal

Date: Mar 25, 2025
Third Circuit Reaffirms: Public Defender Appeal Filings Are Not “State Action” Under § 1983; Conclusory Supervisory “Policy” Allegations Fail Under Iqbal Case: Ashley Georges v. Helen C. Godby;...
Legislative Decision-Making and Retaliation Claims: Affirming Independent Municipal Judgment and the Limits of the Cat's Paw Doctrine

Legislative Decision-Making and Retaliation Claims: Affirming Independent Municipal Judgment and the Limits of the Cat's Paw Doctrine

Date: Mar 24, 2025
Legislative Decision-Making and Retaliation Claims: Affirming Independent Municipal Judgment and the Limits of the Cat's Paw Doctrine Introduction In the case of LINDA ATIYEH; GETTYSBURG INVESTORS...
Refining Pleading Standards: A New Benchmark for Plausible Employment Discrimination Claims

Refining Pleading Standards: A New Benchmark for Plausible Employment Discrimination Claims

Date: Mar 24, 2025
Refining Pleading Standards: A New Benchmark for Plausible Employment Discrimination Claims Introduction The case of Jonathan Valentin v. Commonwealth of Pennsylvania Department of Labor and...
Excluding Pre-Acquisition Wrongful Acts: Clarification of Change in Exposure Clauses in Management Liability Policies

Excluding Pre-Acquisition Wrongful Acts: Clarification of Change in Exposure Clauses in Management Liability Policies

Date: Mar 22, 2025
Excluding Pre-Acquisition Wrongful Acts: Clarification of Change in Exposure Clauses in Management Liability Policies Introduction In PNC Bank N.A. v. Axis Insurance Co., the Third Circuit addressed...
No Expectation of Finality in Served Sentences Under Appeal: Double Jeopardy, Due Process, and Law of the Case in Resentencing

No Expectation of Finality in Served Sentences Under Appeal: Double Jeopardy, Due Process, and Law of the Case in Resentencing

Date: Mar 22, 2025
No Expectation of Finality in Served Sentences Under Appeal: Double Jeopardy, Due Process, and Law of the Case in Resentencing Introduction United States v. John Jackson, 3d Cir. No. 23-2508 (Mar....
No Reasonable Expectation of Finality in a Sentence Under Appeal: Clarifying Double Jeopardy and Due Process in Resentencing

No Reasonable Expectation of Finality in a Sentence Under Appeal: Clarifying Double Jeopardy and Due Process in Resentencing

Date: Mar 22, 2025
No Reasonable Expectation of Finality in a Sentence Under Appeal: Clarifying Double Jeopardy and Due Process in Resentencing Introduction United States v. John Jackson (3d Cir. Mar. 21, 2025)...
Commerce Clause Empowerment of Domestic Child Sex‐Trafficking Prosecution Under 18 U.S.C. § 1591

Commerce Clause Empowerment of Domestic Child Sex‐Trafficking Prosecution Under 18 U.S.C. § 1591

Date: Mar 22, 2025
Commerce Clause Empowerment of Domestic Child Sex‐Trafficking Prosecution Under 18 U.S.C. § 1591 Introduction United States v. John Adams, No. 24-1975 (3d Cir. Mar. 21, 2025), presents a threshold...
No Expectation of Finality in Sentences Served Under Appeal: United States v. Jackson

No Expectation of Finality in Sentences Served Under Appeal: United States v. Jackson

Date: Mar 22, 2025
No Expectation of Finality in Sentences Served Under Appeal: United States v. Jackson Introduction United States v. Jackson is a precedential Third Circuit decision handed down on March 21, 2025,...
Reaffirmation of Article III Standing Requirements: Generalized Grievances Insufficient

Reaffirmation of Article III Standing Requirements: Generalized Grievances Insufficient

Date: Mar 22, 2025
Reaffirmation of Article III Standing Requirements: Generalized Grievances Insufficient Introduction This commentary examines the Third Circuit’s per curiam decision in Mary Basile Logan v. Merrick...
Resentencing After Vacatur: Finality of Sentence, Sixth Amendment Fact-Finding, and Law-of-the-Case Doctrines

Resentencing After Vacatur: Finality of Sentence, Sixth Amendment Fact-Finding, and Law-of-the-Case Doctrines

Date: Mar 22, 2025
Resentencing After Vacatur: Finality of Sentence, Sixth Amendment Fact-Finding, and Law-of-the-Case Doctrines Introduction United States v. Jackson (3d Cir. Mar. 21, 2025) presents a rare “fourth...
Clarity Requirement for Postponed Wage Increases to Avoid Coercion in Union Representation Elections

Clarity Requirement for Postponed Wage Increases to Avoid Coercion in Union Representation Elections

Date: Mar 20, 2025
Clarity Requirement for Postponed Wage Increases to Avoid Coercion in Union Representation Elections Introduction Russell Reid Waste Hauling & Disposal Service Company, Inc. (“Russell Reid”) and the...
Clarity Requirement in Wage-Increase Postponements Under NLRA Section 8(a)(1): NLRB v. Russell Reid

Clarity Requirement in Wage-Increase Postponements Under NLRA Section 8(a)(1): NLRB v. Russell Reid

Date: Mar 20, 2025
Clarity Requirement in Wage-Increase Postponements Under NLRA Section 8(a)(1) Introduction NLRB v. Russell Reid Waste Hauling & Disposal Service Co., Inc. (3d Cir. 2025) addresses the precise...
Limits on Federal-Officer Removal and CAFA Minimal Diversity in Health-Data Privacy Suits

Limits on Federal-Officer Removal and CAFA Minimal Diversity in Health-Data Privacy Suits

Date: Mar 20, 2025
Limits on Federal-Officer Removal and CAFA Minimal Diversity in Health-Data Privacy Suits Introduction In the consolidated appeals of Donna Cheesman v. Capital Health System Inc. and Hillary Barnett...
Voluntary Participation in Federal Incentive Programs Does Not Confer Federal Officer Removal Jurisdiction

Voluntary Participation in Federal Incentive Programs Does Not Confer Federal Officer Removal Jurisdiction

Date: Mar 20, 2025
Voluntary Participation in Federal Incentive Programs Does Not Confer Federal Officer Removal Jurisdiction Introduction This commentary examines the Third Circuit’s consolidated decision in Hillary...
Narrowing the Scope of Religious Accommodation Claims in Employment Testing Requirements

Narrowing the Scope of Religious Accommodation Claims in Employment Testing Requirements

Date: Mar 19, 2025
Narrowing the Scope of Religious Accommodation Claims in Employment Testing Requirements Introduction The case of Jill Gatto v. Johnson & Johnson Services, Inc., decided by the United States Court of...
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