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  • Commentaries
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3d Circuit Case Commentaries

Clarifying the Timeliness of Appeals in Bankruptcy Proceedings: Strict Adherence to the 14-Day Rule

Clarifying the Timeliness of Appeals in Bankruptcy Proceedings: Strict Adherence to the 14-Day Rule

Date: Mar 6, 2025
Clarifying the Timeliness of Appeals in Bankruptcy Proceedings: Strict Adherence to the 14-Day Rule Introduction The case of Hal H. Harris; Terrence A. Colbert, Appellants v. Leticia R. Couttien...
Defining Credible Asylum Claims: Establishing the Independent Particular Social Group Standard

Defining Credible Asylum Claims: Establishing the Independent Particular Social Group Standard

Date: Mar 6, 2025
Defining Credible Asylum Claims: Establishing the Independent Particular Social Group Standard Introduction The case of Ronaldo Elias da Silva; Cristina Aparecida de Lana Silva; E.R.D.S.; M.G.D.S. v....
Clarifying Legislative Standing: Reaffirming Limits on Institutional Injury Claims

Clarifying Legislative Standing: Reaffirming Limits on Institutional Injury Claims

Date: Mar 6, 2025
Clarifying Legislative Standing: Reaffirming Limits on Institutional Injury Claims Introduction The case at hand, involving twenty-seven individual Pennsylvania legislators as appellants against...
Clarifying the Petition Date Standard: Unenforceability and the Proof of Claim in Bankruptcy Proceedings

Clarifying the Petition Date Standard: Unenforceability and the Proof of Claim in Bankruptcy Proceedings

Date: Mar 6, 2025
Clarifying the Petition Date Standard: Unenforceability and the Proof of Claim in Bankruptcy Proceedings Introduction This commentary provides an in‐depth analysis of the recent opinion in In re:...
When Retrial Resets the Pretrial Clock: Clarifying the "Seizure" Element Under the Fourth Amendment

When Retrial Resets the Pretrial Clock: Clarifying the "Seizure" Element Under the Fourth Amendment

Date: Mar 6, 2025
When Retrial Resets the Pretrial Clock: Clarifying the "Seizure" Element Under the Fourth Amendment Introduction This commentary examines the recent judgment in the case of Nedal Elfar v. Township of...
Clarifying the Heck Doctrine: Unbarred Fabricated Evidence Claims under §1983 in Spone

Clarifying the Heck Doctrine: Unbarred Fabricated Evidence Claims under §1983 in Spone

Date: Mar 6, 2025
Clarifying the Heck Doctrine: Unbarred Fabricated Evidence Claims under §1983 in Spone Introduction The case of Raffaella Marie Spone v. Police Officer Matthew J. Reiss et al. presents a multifaceted...
Reassessing Age-Based Firearm Regulations: Integrating Historical Evidence into Modern Second Amendment Jurisprudence

Reassessing Age-Based Firearm Regulations: Integrating Historical Evidence into Modern Second Amendment Jurisprudence

Date: Mar 2, 2025
Reassessing Age-Based Firearm Regulations: Integrating Historical Evidence into Modern Second Amendment Jurisprudence Introduction The case of MADISON M. LARA; SOPHIA KNEPLEY; LOGAN D. MILLER; SECOND...
Distinguishing Core and Non-Core Proceedings in Bankruptcy Adversary Cases

Distinguishing Core and Non-Core Proceedings in Bankruptcy Adversary Cases

Date: Mar 2, 2025
Distinguishing Core and Non-Core Proceedings in Bankruptcy Adversary Cases Introduction In the recent decision of In re: KENNETH J. TAGGART, Debtor v. PHH MORTGAGE CORP; TIAA BANK, the United States...
Deference to Trial Counsel’s Strategic Choices in Mitigation Evidence under Strickland: New Precedent in Capital Cases

Deference to Trial Counsel’s Strategic Choices in Mitigation Evidence under Strickland: New Precedent in Capital Cases

Date: Mar 2, 2025
Deference to Trial Counsel’s Strategic Choices in Mitigation Evidence under Strickland: New Precedent in Capital Cases Introduction The Judgment in RICHARD ROLAND LAIRD, Appellant v. SECRETARY,...
Reaffirming Class Action Integrity: A New Precedent for Fraudulent Claims Aggregation and MVRA Restitution

Reaffirming Class Action Integrity: A New Precedent for Fraudulent Claims Aggregation and MVRA Restitution

Date: Feb 28, 2025
Reaffirming Class Action Integrity: A New Precedent for Fraudulent Claims Aggregation and MVRA Restitution Introduction The case of UNITED STATES OF AMERICA v. JOSEPH CAMMARATA marks a significant...
Mandatory Exhaustion of Administrative Remedies in Immigration Due Process Claims

Mandatory Exhaustion of Administrative Remedies in Immigration Due Process Claims

Date: Feb 28, 2025
Mandatory Exhaustion of Administrative Remedies in Immigration Due Process Claims Introduction This commentary examines the recent decision in Jose Diter Sanchez Torres v. Attorney General United...
Clarifying Predicate Offenses for Career Offender Enhancement: United States v. Davee Ward

Clarifying Predicate Offenses for Career Offender Enhancement: United States v. Davee Ward

Date: Feb 28, 2025
Clarifying Predicate Offenses for Career Offender Enhancement: United States v. Davee Ward Introduction This commentary examines the Third Circuit’s decision in United States of America v. Davee...
Clarifying the Boundaries of IDEA Claims Amid Settlement Waivers in Special Education Litigation

Clarifying the Boundaries of IDEA Claims Amid Settlement Waivers in Special Education Litigation

Date: Feb 28, 2025
Clarifying the Boundaries of IDEA Claims Amid Settlement Waivers in Special Education Litigation Introduction This commentary examines the Third Circuit’s recent decision in Shanicqua Bryant v....
Clarifying Procedural Rigor in Ineffective Assistance Claims and Reconsideration Motions in Immigration Asylum Cases

Clarifying Procedural Rigor in Ineffective Assistance Claims and Reconsideration Motions in Immigration Asylum Cases

Date: Feb 28, 2025
Clarifying Procedural Rigor in Ineffective Assistance Claims and Reconsideration Motions in Immigration Asylum Cases Introduction In the case of Magno Joselito Guerrero-Guerrero; Sonia Esperanza...
Affirming Adequate Translation and Sentencing Procedures: New Insights on Anders Motions in Criminal Appeals

Affirming Adequate Translation and Sentencing Procedures: New Insights on Anders Motions in Criminal Appeals

Date: Feb 25, 2025
Affirming Adequate Translation and Sentencing Procedures: New Insights on Anders Motions in Criminal Appeals Introduction The case of UNITED STATES OF AMERICA v. JOSE ESTEBAN MERCADO-COLON, decided...
Narrowing First Amendment Protections: Retaliation and Whistleblower Claims in Public Employment

Narrowing First Amendment Protections: Retaliation and Whistleblower Claims in Public Employment

Date: Feb 24, 2025
Narrowing First Amendment Protections: Retaliation and Whistleblower Claims in Public Employment Introduction The case of Derrick U. Jacobs v. City of Philadelphia and other defendants addresses a...
Establishing the Boundaries of Supervised Release Revocation Due Process in Federal Cases

Establishing the Boundaries of Supervised Release Revocation Due Process in Federal Cases

Date: Feb 24, 2025
Establishing the Boundaries of Supervised Release Revocation Due Process in Federal Cases Introduction The case of United States of America v. Donte Parrish examines the interplay between federal...
Grand Jury Presentments as Prima Facie Evidence: Affirming the Probable Cause Presumption in Malicious Prosecution Claims

Grand Jury Presentments as Prima Facie Evidence: Affirming the Probable Cause Presumption in Malicious Prosecution Claims

Date: Feb 24, 2025
Grand Jury Presentments as Prima Facie Evidence: Affirming the Probable Cause Presumption in Malicious Prosecution Claims Introduction The case of Carl E. Rodgers v. Pennsylvania State Police;...
The Necessity of Brain Tissue Examination in Diagnosing Death with CTE: Clarifying Contractual Interpretation in NFL Concussion Litigation

The Necessity of Brain Tissue Examination in Diagnosing Death with CTE: Clarifying Contractual Interpretation in NFL Concussion Litigation

Date: Feb 24, 2025
The Necessity of Brain Tissue Examination in Diagnosing Death with CTE: Clarifying Contractual Interpretation in NFL Concussion Litigation Introduction In this case, a group of eighteen retired NFL...
Clarifying Administrative Closure and CAT Standards: Insights from Pineda-Calix v. Attorney General

Clarifying Administrative Closure and CAT Standards: Insights from Pineda-Calix v. Attorney General

Date: Feb 24, 2025
Clarifying Administrative Closure and CAT Standards: Insights from Pineda-Calix v. Attorney General Introduction The case of Cindy Lisbeth Pineda-Calix v. Attorney General United States of America,...
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