Section 3553(a) as an Independent, Dispositive Ground for Denying Compassionate Release; No Stay Pending Supreme Court Review of Amendment 814 Issues; Proper Post-Conviction Vehicles After Rivers v....
Minimal FTCA Presentment and Marshals’ Duty to Assist IFP Service: The Third Circuit’s Freeman v. Lincalis Precedent Introduction In a precedential opinion, the Third Circuit in Rocky L. Freeman v....
Claim Preclusion Applies to Malpractice Claims Against Opposing Counsel as Privies When Based on the Same Transaction: Commentary on Zirvi v. Illumina, Inc. (3d Cir. 2025) Introduction In this...
Compassionate Release Is Not a Backdoor § 2255: Third Circuit Clarifies Limits on Ruan-Based Trial Error, Parental Caregiving, and Medical Hardship Case: United States v. William O’Brien, III, No....
Third Circuit Declines En Banc Review, Leaving Intact Anderson–Burdick Invalidation of Pennsylvania’s Mail‑In Ballot Date Requirement Despite New State Notice‑and‑Cure Mandate Case: Bette Eakin v....
Parker v. NJMVC: Essential Eligibility Controls Title II and §504; No Pre‑Deprivation Hearing Required for Safety‑Driven CDL Passenger/School‑Bus Endorsement Revocations Introduction In a...
Post-Answer Rule 12(b)(6) Motions Permissible as Rule 12(c); Preliminary-Injunction Denials Do Not Make Amendment Futile — Oxford House, Inc. v. Township of North Bergen (3d Cir. 2025) Introduction...
After Goldey and Egbert: Third Circuit Reaffirms No Bivens for Federal Prison Conditions and Excessive Force, But Requires Leave to Amend for Rehabilitation Act and RFRA Claims Introduction In Thomas...
Flow-Down Defective-Work Clauses Override Time-and-Materials Billing; Recoupment Permitted Against Same-Contract Sums Case: Umoja Erectors LLC v. D.A. Nolt Inc., et al. Court: United States Court of...
Third Circuit Clarifies: No “Agency Exception” to Twombly/Iqbal and No Consumer‑Initiation Requirement under FCRA § 1681b(a)(3)(A) Case: Eva Migliore v. Vision Solar LLC, et al. (Sunlight Financial...
Third Circuit Holds Section 1782 Petitions Are Not “Civil Actions” Under FAA § 4, So Arbitration Cannot Be Compelled From the § 1782 Docket Note: The opinion is designated “Not Precedential,” but...
Implied Misrepresentation in Prescription Claims Suffices for Health Care Fraud Under 18 U.S.C. § 1347 United States v. Carmine A. Mattia, Jr., No. 24-2589 (3d Cir. Oct. 21, 2025) (precedential)...
Silence Is Not Acceptance; Unilateral UCC-1 Filings Cannot Create Security Interests; and Courts May Dismiss as Frivolous Before Deciding IFP: Third Circuit’s Non-Precedential Affirmance in Nah v....
Comparator Rigor in Selective Code Enforcement: Third Circuit Clarifies “Similarly Situated” Under Equal Protection Introduction This commentary analyzes the Third Circuit’s nonprecedential decision...
Padilla’s Boundary in the Third Circuit: No Sixth Amendment Duty to Warn of False Claims Act Civil Liability; Any Expansion Would Be Non‑Retroactive Introduction In a precedential decision issued on...
Padilla Limited to Deportation; Sixth Amendment Duty Confined to Direct Plea Consequences—No Duty to Warn of False Claims Act Exposure Case: Nita Patel v. United States; Kirtish N. Patel v. United...
Post-Filing FTCA Presentment Cannot Cure Jurisdiction; Limited Discovery on Westfall Act Certifications Requires a Factual Divergence from the Complaint Court: United States Court of Appeals for the...
Third Circuit Holds FLSA § 216(b) Does Not Bar Release of Unasserted FLSA Claims in Rule 23 Opt‑Out Settlements Case: Graham Lundeen v. 10 West Ferry Street Operations LLC d/b/a Logan Inn, No....
Willful Blindness Can Establish Scienter—But Not Here: Third Circuit Tightens Pleading for 10b‑5 Opinion, Diligence, and Omission Claims in Handal v. Innovative Industrial Properties Introduction...
Full Faith and Credit to State Arbitrability Orders: Third Circuit Holds Pennsylvania Orders Compelling Arbitration Preclude Duplicative Federal Suits, and Federal Repackaging (RICO/Mail Fraud) Does...