Incorporation-by-Reference Preserves Employment Arbitration; Pre‑Arbitration Discovery Requires a Genuine Dispute of Material Fact Introduction In Symrise Inc v. Ahmed Ali (Third Circuit, Mar. 2,...
Swatting as “Intent to Carry Out” a Threat and Threats to Counsel/Judge as Obstruction Under the Guidelines 1. Introduction In United States v. Eric Hafner (3d Cir. Feb. 27, 2026) (not precedential),...
Ex parte Young Requires a Plausibly Ongoing Federal Violation: Past Custody-Case Allegations and Speculative Future Harm Do Not Defeat Eleventh Amendment Immunity 1. Introduction Case: Dana Thornton...
Actual Notice and Date-Specific “Good Cause” Control When an ALJ Dismisses for Nonappearance; HALLEX Naming Guidance Does Not Invalidate Notice 1. Introduction Alterna Timepeace v. Commissioner...
Guilty-Plea Withdrawal Requires Strickland Prejudice Despite Claimed Misadvice on Appellate Waiver; Swatting and Threats to Counsel/Judge Support Guidelines Enhancements Introduction In United States...
Immigration PFR Venue Follows the Controlling Immigration Court Absent a Formal Change, Yet May Be Retained When Transfer Is Not “In the Interest of Justice” Introduction In Khawar Saleem v. Attorney...
Stale “Secondary Gain” Rationales and Suicide Risk: Professional-Judgment Deference Requires an Informed, Current Assessment Introduction Brian Brown v. Brooke Civiello is a Third Circuit Eighth...
No Compulsory-Process Violation Absent Government-Caused Unavailability and a Concrete Showing of Material, Favorable Testimony: United States v. Okoro Introduction In United States v. Omoyoma Okoro...
Due Process in Removal Proceedings Requires Substantial Prejudice; “Criminal Deportees” Not a Particular Social Group; New Country-Conditions Evidence Must Be Raised by Motion to Reopen Introduction...
CAT Relief May Be Denied at Myrie Step One Absent Proof of a >50% Likelihood of Harm, and Withholding Fails Without Nexus and Social Distinction Evidence 1. Introduction In Rutul Jaiswal v. Attorney...
Immunity Survives Internal Court-Assignment Errors: Judges Retain Judicial Immunity and Prosecutors Retain Absolute Immunity for Advocacy in Contempt Proceedings Introduction Elijah White v. Jason...
Affirmative Defenses Are Forfeited If Not Reasserted at Summary Judgment (Third Circuit) Introduction DLJ Mortgage Capital, Inc. v. Neal Antonio Stevens; Carlvin Leonard Stevens, a/k/a Calvin Leonard...
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,...