Substance Matters: Third Circuit Affirms that the Totality of an Employer’s Contract Proposals Can Evidence Bad-Faith Bargaining; Impasse Barred and Remedy Challenges Forfeited Absent §10(e)...
Preserve It or Lose It: Third Circuit Requires Section 10(e) Preservation to Challenge Thryv Make‑Whole Remedies and Affirms Bad‑Faith Bargaining Based on the Substance of Employer Proposals...
Clarifying the “Clearly Established” Right in Emergency License Suspensions: Third Circuit Grants Qualified Immunity Where Officials Verify Public-Safety Violations Introduction In International...
Ordinary-Meaning Rule Defines “Trade or Craft” as Manual/Artistic Skill and Limits ERISA Deference to the Administrator’s Stated Reasons Introduction In Clyde Rombach, III v. Plumbers Local Union No....
Contemporaneous Falsity and Strategic-Review Disclosures Defeat Omission-Based Securities Claims Introduction In a non-precedential but instructive decision, the U.S. Court of Appeals for the Third...
United States v. Marc Anthony: Third Circuit clarifies that mental impairment and low Miranda-comprehension testing do not, without police coercion, invalidate a Miranda waiver; “knowing and...
Proportionality, Not Nominal Prevailing Status, Controls Contractual Fee Awards Under New Jersey Law: Third Circuit Affirms $0 Fee Award in Miller Act Subcontract Dispute Introduction In United...
Treatment Noncompliance and Post‑Release Disclosures Can Justify Tailored Internet, Contact, and Pornography Restrictions on Supervised Release Case: United States v. Coy Christopher Klinger, No....
When a State Judgment Ties an Equitable Mortgage to the Underlying Debt, Federal “Fix-the-Amount” Suits Are Precluded Commentary on Aura Investors LLC v. Romspen Mortgage Limited Partnership (3d Cir....
Post-Brown ACCA Matching to Predicate-Offense Date and Erlinger’s Jury Requirement Applied on Plain-Error Review; Pennsylvania § 780‑113(a)(30) Not Overbroad Introduction In United States v. Kareem...
No Categorical Mismatch for Pre-2015 Pennsylvania Cocaine PWID Convictions Under ACCA; “Different Occasions” Jury Right Reviewed for Plain Error; § 780-113(a)(30) Does Not Sweep in Licensed...
Closing the Oglesby Loop and Limiting FOIA’s Law-Enforcement Exemptions: Third Circuit Bars “Federalization” of State Task Forces and Narrows 7(D) and 7(E) in Viola v. DOJ Introduction In a...
Closing the Oglesby Loop and Recalibrating FOIA Proof: Third Circuit Tightens Exemption 7(D) and 7(E), Sets a Trial‑Exhibit Disclosure Presumption, and Limits FOIA’s Reach Over State Task Forces...
Animus Alone Is Not Enough: Third Circuit Reaffirms That Executive Land-Use Enforcement Must “Shock the Conscience” to Violate Substantive Due Process Introduction In Codorun Farms Inc. v. West...
No Monell or Supervisory Liability Without a Predicate Constitutional Violation; Failure to Challenge an Independent Ground Forfeits the Appeal — Williams v. Luther (3d Cir. 2025) Introduction This...
Settlement Payments After a Short‑Form Merger Are “Under” the Merger Contract for § 483 Imputed Interest; Minority Assent Not Required Case: Charles G. Berwind Trust v. Commissioner of Internal...
“Under” Means “Authorized By”: Third Circuit Holds Short‑Form Merger Plans Are “Contracts” for § 483 and Imputes Interest to Later Settlement Payments Introduction In a precedential decision with...
Section 483 Applies to Deferred Settlement Payments Authorized by Short‑Form Merger Plans: Third Circuit Defines “Under” and Confirms Merger Plans as “Contracts” Without Minority Assent Court: U.S....
Settlement Payments Fixing Price After a Short‑Form Merger Are “Under” the Merger for IRC §483; Short‑Form Merger Agreements Are “Contracts” Despite Minority Non‑Assent Introduction In Estate of...
“Under” Means “Authorized By”: Third Circuit Holds § 483 Imputes Interest to Settlement Payments That Satisfy Obligations Created by a Short‑Form Merger Agreement—Minority Assent Not Required Case:...