Future Cure Must Be Definite, Not Speculative; Absent Proof of MMI, Seaman May Refile for Curative Treatment 1. Introduction In Tammy Knieling v. Don Fung Fook; William Poston (3d Cir. Feb. 11,...
Fixed Closing Dates Can Be Material Without “Time Is of the Essence,” and Waived Penalty Defenses Trigger Enforcement of Liquidated Deposits and Fee-Shifting 1. Introduction Donovan Realty, LLC; DD&A...
PLRA Exhaustion Defects May Be Cured by Supplemental Pleading; Premature Prisoner Suits Should Be Dismissed Without Prejudice (Wyatt v. West) Introduction In Tariq Wyatt v. West, a pro se...
Fixed Closing Dates Can Remain Material Without “Time Is of the Essence,” and Waived Penalty Defenses Require Enforcement of Liquidated-Deposit and Fee-Shifting Clauses 1. Introduction In Donovan...
ADA Title II Claims Against State Courts Require Disability-Based Exclusion Allegations to Pierce Sovereign Immunity; Adverse Judicial Rulings Are Not ADA Discrimination Introduction In Hilda T....
Federal-Officer Removal Requires a Complaint or Qualifying “Other Paper”; Federal Courts May Independently Discipline Attorneys Under Local Rules 1. Introduction In Cynthia Pollick v. Matthew Haar...
Writ-of-Summons-Only Filings Do Not Support Federal-Officer Removal; Federal Courts May Independently Discipline Attorneys Under Local Rules 1. Introduction In re: Cynthia Pollick, Esq. (Third...
Direct Commerce Clause Tax-Refund Suits in the Virgin Islands Borrow the Two-Year Personal-Injury Limitations Period; Territorial Refund Claims Do Not “Arise Under” Federal Law Absent a Substantial...
Commerce Clause Excise-Tax Refund Suits in the Virgin Islands: Two-Year Personal-Injury Limitations for Direct Constitutional Claims; No Federal-Question Jurisdiction for § 1692 Refund Claims Absent...
Retaliation Claims Fail When the Adverse Decision Predates Protected Activity and When “Opposition” Lacks an Objectively Reasonable Discrimination Basis (Wolf v. Progressive Pain Management) 1....
Apex Construction Co. Inc v. United States Virgin Islands: Section 1692 Excise-Tax Refund Claims Do Not “Arise Under” Federal Law, and Direct Commerce Clause Claims Borrow the Virgin Islands’...
Third Circuit: No Federal-Question Jurisdiction for 33 V.I.C. § 1692 Refund Claims Absent a “Substantial” Federal Issue; Direct Commerce Clause Refund Claims Borrow the Two-Year Personal-Injury...
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...