United States v. Piaquadio: Factually Erroneous § 3553(a) Analyses and Ignored Post‑Sentencing Rehabilitation as Abuse of Discretion in Compassionate Release Court: United States Court of Appeals for...
Judicial Review of “Exceptional and Extremely Unusual Hardship” After Wilkinson: A Commentary on Ailan Zhu v. Attorney General United States of America I. Introduction This commentary examines the...
United States v. Bishop: Harmless Error, Rule 404(b), and Sentencing in Federal Prison-Contraband Prosecutions Court: United States Court of Appeals for the Third Circuit Date: November 20, 2025...
Enforcing Appellate Waivers in Anders Appeals: Commentary on United States v. Fitzgerald Daliot‑Rios I. Introduction This commentary examines the Third Circuit’s nonprecedential opinion in United...
United States v. Lane & Wang: Limits on Mental-Health Evidence, Expert Hearsay, and Entrapment in IEEPA Sanctions Prosecutions Court: United States Court of Appeals for the Third Circuit Decision...
Reaffirming IEEPA’s Constitutionality and Clarifying Limits on Mental‑Health and Entrapment Defenses: Commentary on United States v. Zhenyu Wang & Daniel Ray Lane (3d Cir. 2025) I. Introduction This...
Defining “Federal Agencies” Under the FTCA and Westfall Act: The Third Circuit’s Four‑Factor Control Test in Giordano v. Hohns I. Introduction The Third Circuit’s precedential decision in Frank...
Reaffirming Claim Preclusion and Judicial Immunity in Repetitive § 1983 Prisoner Litigation: Commentary on Lynn A. Padgett v. Petti et al. (3d Cir. 2025) 1. Introduction The Third Circuit’s...
Applying the “Supportability” and “Consistency” Factors to Treating Nurse Practitioner Opinions: Commentary on Melody Olinger v. Commissioner of Social Security I. Introduction This commentary...
Decisionmaker Knowledge and the Limits of “Protected Activity” in Retaliation Claims: Commentary on Nashyrah Day v. New Jersey Department of Corrections I. Introduction This commentary analyzes the...
Assent to Two‑Page Employment Arbitration Agreements and the Narrow Scope of Judicial Review of Arbitral Awards: Commentary on McMasters v. Restaurant Brands International, Inc. (3d Cir. 2025) I....
Assent to Two‑Page Arbitration Agreements and the High Bar for Vacating Employment Arbitration Awards: Commentary on McMasters v. Restaurant Brands International Inc. (3d Cir. 2025) Note: The...
Under New Jersey Law, Grace-Period Notices Need Not State the Amount Due; Customer-Service Assurances Do Not Estop Policy Lapse Absent Misrepresentation and Reasonable Reliance Introduction In...
No CIPA “Interception” When the Browser Sends a Separate, Direct Transmission to a Tracker; CMIA Liability Requires Substantive Medical Content Commentary on Angela Cole v. Quest Diagnostics Inc.,...
Medical Safety–Based Denials of MAT Do Not Constitute ADA “Intentional Discrimination” or Eighth Amendment Deliberate Indifference: The Third Circuit’s Nonprecedential Guidance in Rokita v....
Mistaken Refusal to Deal Is Privileged; NJCFA Does Not Reach Negotiated TV Ad Buys Case: Unimed International Inc. v. Fox News Network, LLC, No. 24-2987 (3d Cir. Nov. 13, 2025) Court: United States...
No Default Without Proper Service: Third Circuit Reaffirms Nonparty-Service Requirement and Disfavors Defaults in Pro Se § 1983 Litigation Introduction In John M. Gera v. Borough of Frackville, the...
Waiver-by-Amendment: Third Circuit Finds Plaintiff Forfeits Challenge to Removal by Non-Defendant After Adding Remover as a Party; Case-Management Memoranda Count as “Other Paper” for § 1446(b)(3)...
Post-Esteras boundaries on “seriousness” at supervised-release revocation: Third Circuit affirms upward variance in United States v. Hardeman Introduction In United States v. Taire Hardeman, the...
Post‑Esteras Boundaries in Revocation Sentencing: Third Circuit Affirms Upward Variance Grounded in Breach of Trust and Violation Conduct United States v. Taire Hardeman, No. 24‑2832 & 24‑3230 (3d...