Uncorroborated “Agitated Caregiver” Report Cannot Justify Warrantless Child-Welfare Home Entry; Emergency Child Removals Must Meet a Constitutional “Imminent Harm” Standard (Though Qualified Immunity...
O'Bryant v. DCPP: Child-Welfare Caseworkers May Not Coerce Warrantless Home Entry Absent Exigency; Temporary Child Removal Without Pre-Removal Judicial Authorization Violates Procedural Due Process...
Discretion to Hear Untimely Criminal Appeals When the Government Does Not Object (and Reaffirmation of “Intent + Substantial Step” for Attempt) Case: United States v. Shaquile Newson (consolidated...
United States v. Malave: Broad Digital-Warrant Searches, “Teaching Expert” Testimony, and Substantial-Step Attempt Liability in RICO/Sex-Trafficking Prosecutions Court: U.S. Court of Appeals for the...
Reaffirming Broad Digital-Warrant Searches, Rule 702 “Teaching Experts,” and Harmless-Guidelines Review in a RICO Sex-Trafficking Prosecution Introduction In United States v. James Goode (3d Cir....
Third Circuit Reinforces Deference in Multi-Defendant RICO/Sex-Trafficking Trials: Joint-Trial Preference, “Teaching Expert” Fit, Broad Digital Warrants, and Attempt as “Substantial Step” Case:...
Adequate Anders Brief Permits Limited Independent Review and Summary Affirmance Absent Nonfrivolous Issues Introduction In United States v. Vincent Chan-Guillen (3d Cir. Sept. 14, 2026)...
Claim Preclusion Bars Repeat Federal Land-Use/Takings Suits Against Municipal Actors and Their Privies; Later-Arising Zoning Claims Must Still Be Plausibly Pleaded Thomas Gage v. Borough of...
Pleading a Prison-Job Retaliation Claim: Alleged Termination Must Be Credited as “Adverse Action” at the Motion-to-Dismiss Stage 1. Introduction In Brian Thompson v. Mohamed Safa, Sergeant (3d Cir....
Third Circuit Requires § 401 Certifications to Resolve Material Monitoring/Adaptive-Management Terms or Condition Dredging on Agency Approval I. Introduction In Natural Resources Defense Council Inc...
Section 401 Certifications Must Not Defer Material Compliance Terms Without Pre-Construction Agency Approval I. Introduction In NY/NJ Baykeeper v. New Jersey Department of Environmental Protection...
Younger Abstention Requires Party Identity: Associations Need Not Abstain Based on Member’s Pending State Enforcement Action Absent Control or Management 1. Introduction Case: National Shooting...
Third Circuit Reaffirms That Conclusory Comparator Lists and Attenuated Timing Do Not Plausibly Plead Discrimination or Retaliation in Failure-to-Promote/Termination Claims Introduction In Solomon...
Procedural Forfeiture and Docket-Management Deference in Consolidated Federal Actions Challenging State Criminal Proceedings 1. Introduction In Urve Maggitti v. John Capuzzi, Sr. (3d Cir. Sept. 4,...
Harmless Error in CAT Review When Likelihood-of-Torture Fails at Myrie Step One 1. Introduction In Rafael Aguilar-Ayala v. Attorney General United States of America (3d Cir. Sept. 4, 2026) (not...
Conflict Waivers in Retainer Agreements Require Fact-Proven “Informed Consent” to Bar Malpractice Claims (and Substantial-Factor Causation Can Reach Divorce-Related Financial Harm) Case: Lisa Grattan...
Broad “In Furtherance” Standard for Co‑Conspirator Statements and Permissible Conditional Admission Under Rule 801(d)(2)(E) 1. Introduction In United States v. Emerson Pavilus (3d Cir. Sept. 3, 2026)...
Defective Service Under Pa. R. Civ. P. 400.1(a) Excuses Unserved Defendants from Removal Unanimity; Judicial Immunity Bars § 1983 Attacks on State-Court Trial Rulings 1. Introduction David Hatchigian...
Preliminary Injunctions in Constitutional Challenges: Preserving the Status Quo to Keep Cases Alive I. Introduction Americans for Prosperity Foundation v. Anthony Albence (3d Cir. Aug. 31, 2026)...
Section 3 Malfunction Theory Limited to Lost/Destroyed Products: No Inference of Defect When the Product Remains Available for Inspection Case: Millentine Coates v. Ford Motor Company (3d Cir. Aug....