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  • Commentaries
  • Judgments

3d Circuit Case Commentaries

Contextual Materiality & Discovery Rights in Securities Fraud: The Third Circuit Rejects the “Total-Eclipse” Standard in Boilermaker Blacksmith National Pension Trust v. Maiden Holdings Ltd.

Contextual Materiality & Discovery Rights in Securities Fraud: The Third Circuit Rejects the “Total-Eclipse” Standard in Boilermaker Blacksmith National Pension Trust v. Maiden Holdings Ltd.

Date: Aug 25, 2025
Contextual Materiality & Discovery Rights in Securities Fraud: The Third Circuit Rejects the “Total-Eclipse” Standard in Boilermaker Blacksmith National Pension Trust v. Maiden Holdings Ltd....
United States v. Rose: Refining “Good-Cause” and Reliability Standards for Hearsay in Supervised-Release Revocations

United States v. Rose: Refining “Good-Cause” and Reliability Standards for Hearsay in Supervised-Release Revocations

Date: Aug 25, 2025
United States v. Rose: Refining “Good-Cause” and Reliability Standards for Hearsay in Supervised-Release Revocations 1. Introduction United States v. Carl Rose, No. 24-2274 (3d Cir. Aug. 20 2025),...
Rivera v. New Castle County Police Department: Third Circuit Reinforces “Defendant-Knowledge” Test for Rule 15(c) Relation Back

Rivera v. New Castle County Police Department: Third Circuit Reinforces “Defendant-Knowledge” Test for Rule 15(c) Relation Back

Date: Aug 25, 2025
Rivera v. New Castle County Police Department: Third Circuit Reinforces “Defendant-Knowledge” Test for Rule 15(c) Relation Back Introduction In Michael Rivera v. New Castle County Police Department...

        Third-Circuit Clarifies that Significant Prison Disciplinary History Can Justify an
        Upward Variance at Post-Taylor Resentencing Despite a Lower Amended Guideline Range

Third-Circuit Clarifies that Significant Prison Disciplinary History Can Justify an Upward Variance at Post-Taylor Resentencing Despite a Lower Amended Guideline Range

Date: Aug 25, 2025
Third-Circuit Clarifies that Significant Prison Disciplinary History Can Justify an Upward Variance at Post-Taylor Resentencing Despite a Lower Amended Guideline Range Introduction United States v....
“Safety-Related Small Talk” Doctrine: A Detailed Commentary on United States v. Raphael Ross (3d Cir. 2025)

“Safety-Related Small Talk” Doctrine: A Detailed Commentary on United States v. Raphael Ross (3d Cir. 2025)

Date: Aug 25, 2025
United States v. Raphael Ross: Third Circuit Endorses a “Safety-Related Small Talk” Exception to Rodriguez I. Introduction United States v. Raphael Ross, No. 23-1631 (3d Cir. Aug. 19, 2025) marks the...
“Progressive-Discipline Deviations and Imperfect Investigations Are Insufficient to Prove ADA Pretext” — Commentary on Christina Grasty v. DaVita Inc., 3d Cir. (2025)

“Progressive-Discipline Deviations and Imperfect Investigations Are Insufficient to Prove ADA Pretext” — Commentary on Christina Grasty v. DaVita Inc., 3d Cir. (2025)

Date: Aug 25, 2025
“Progressive-Discipline Deviations and Imperfect Investigations Are Insufficient to Prove ADA Pretext” A Detailed Commentary on Christina Grasty v. DaVita Inc., United States Court of Appeals for the...
“Intent-to-Evade” Without the Taxpayer:  Third Circuit Opens § 6501(c)(1) to Any Actor’s Fraud

“Intent-to-Evade” Without the Taxpayer: Third Circuit Opens § 6501(c)(1) to Any Actor’s Fraud

Date: Aug 25, 2025
Intent-to-Evade Without the Taxpayer: Murrin v. Commissioner of Internal Revenue and the New Scope of § 6501(c)(1) I. Introduction In Stephanie Murrin v. Commissioner of Internal Revenue, No. 24-2037...
Reaffirming the Two-Prong Standard for Equitable Tolling in Immigration Motions to Reopen: Commentary on Allaeldin Elhattab v. Attorney General (3d Cir. 2025)

Reaffirming the Two-Prong Standard for Equitable Tolling in Immigration Motions to Reopen: Commentary on Allaeldin Elhattab v. Attorney General (3d Cir. 2025)

Date: Aug 19, 2025
Reaffirming the Two-Prong Standard for Equitable Tolling in Immigration Motions to Reopen (Allaeldin Elhattab v. Attorney General, Third Circuit, 2025) 1. Introduction The United States Court of...
Third Circuit Clarifies That Beneficiaries of a Conflicted Tribunal Lack a § 1983 Due-Process Claim Absent Personal Prejudice

Third Circuit Clarifies That Beneficiaries of a Conflicted Tribunal Lack a § 1983 Due-Process Claim Absent Personal Prejudice

Date: Aug 19, 2025
Third Circuit Clarifies That Beneficiaries of a Conflicted Tribunal Lack a § 1983 Due-Process Claim Absent Personal Prejudice Introduction East Ohio Capital LLC (“East Ohio”) partnered with the...
Substantial-Evidence Review of Mixed Questions after Wilkinson – A Commentary on Jose Ramos Jimenez v. Attorney General, U.S.

Substantial-Evidence Review of Mixed Questions after Wilkinson – A Commentary on Jose Ramos Jimenez v. Attorney General, U.S.

Date: Aug 19, 2025
Substantial-Evidence Review of Mixed Questions after Wilkinson: A Comprehensive Commentary on Jose Ramos Jimenez v. Attorney General United States of America (3d Cir. Aug. 15 2025) 1. Introduction In...
Third Circuit Opens the Door to Judicial Review of “Good Moral Character” Findings in Cancellation-of-Removal Cases

Third Circuit Opens the Door to Judicial Review of “Good Moral Character” Findings in Cancellation-of-Removal Cases

Date: Aug 19, 2025
Third Circuit Opens the Door to Judicial Review of “Good Moral Character” Findings in Cancellation-of-Removal Cases Introduction Josue Roman Sanchez v. Attorney General marks a pivotal moment in U.S....
“Diligence or Dismissal” – Third Circuit Re-affirms Strict Equitable-Tolling Standards and Post-Niz-Chavez NTA Challenges in Brown v. Attorney General (2025)

“Diligence or Dismissal” – Third Circuit Re-affirms Strict Equitable-Tolling Standards and Post-Niz-Chavez NTA Challenges in Brown v. Attorney General (2025)

Date: Aug 19, 2025
“Diligence or Dismissal” – Third Circuit Re-affirms Strict Equitable-Tolling Standards and Post-Niz-Chavez NTA Challenges in Brown v. Attorney General (3d Cir. 2025) 1. Introduction The Third...
“Former Hearing” Means the Last IJ Hearing: Third Circuit Clarifies the Temporal Test for “New” Evidence in Motions to Reopen

“Former Hearing” Means the Last IJ Hearing: Third Circuit Clarifies the Temporal Test for “New” Evidence in Motions to Reopen

Date: Aug 19, 2025
“Former Hearing” Means the Last IJ Hearing: Third Circuit Clarifies the Temporal Test for “New” Evidence in Motions to Reopen Introduction Jose Efrain Suchite-Salguero, a Guatemalan national,...
“Notice-and-Opportunity” Rule in § 3582(c)(2) Proceedings: A Detailed Commentary on United States v. Paul Harmon (3d Cir. 2025)

“Notice-and-Opportunity” Rule in § 3582(c)(2) Proceedings: A Detailed Commentary on United States v. Paul Harmon (3d Cir. 2025)

Date: Aug 19, 2025
“Notice-and-Opportunity” Requirement Applies to § 3582(c)(2) Motions: Commentary on United States v. Harmon, 83 F.4th 101 (3d Cir. 2025) I. Introduction This commentary unpacks the Third Circuit’s...
Clarifying the Evidentiary Burden for Asserting Lawful Permanent Resident Status in Removal Proceedings – Commentary on Dynza Mackey v. Attorney General (3d Cir. 2025)

Clarifying the Evidentiary Burden for Asserting Lawful Permanent Resident Status in Removal Proceedings – Commentary on Dynza Mackey v. Attorney General (3d Cir. 2025)

Date: Aug 18, 2025
Clarifying the Evidentiary Burden for Asserting Lawful Permanent Resident Status in Removal Proceedings – Commentary on Dynza Mackey v. Attorney General of the United States (3d Cir. 2025) 1....
“Taylor Post-Shinn Doctrine” – The Third Circuit Narrows Rule 60(b)(6) Habeas Relief and Clarifies ‘Reasonable Time’ Post-Martinez

“Taylor Post-Shinn Doctrine” – The Third Circuit Narrows Rule 60(b)(6) Habeas Relief and Clarifies ‘Reasonable Time’ Post-Martinez

Date: Aug 18, 2025
“Taylor Post-Shinn Doctrine” – The Third Circuit Narrows Rule 60(b)(6) Habeas Relief and Clarifies ‘Reasonable Time’ Post-Martinez Introduction In Paul Gamboa Taylor v. Commissioner of Pennsylvania...
Muniz v. United States (3d Cir. 2025): The Administrative-Remedy Bar to New Bivens Actions

Muniz v. United States (3d Cir. 2025): The Administrative-Remedy Bar to New Bivens Actions

Date: Aug 18, 2025
Muniz v. United States (3d Cir. 2025): The Administrative-Remedy Bar to New Bivens Actions 1. Introduction Rolando Muniz, a federal inmate, sought damages after an allegedly avoidable toe amputation...
Azer Scientific v. Quidel: Third Circuit Confirms that Definitive E-Mail Exchanges Can Form Binding Contracts under Pennsylvania Law

Azer Scientific v. Quidel: Third Circuit Confirms that Definitive E-Mail Exchanges Can Form Binding Contracts under Pennsylvania Law

Date: Aug 15, 2025
Azer Scientific v. Quidel: Third Circuit Confirms that Definitive E-Mail Exchanges Can Form Binding Contracts under Pennsylvania Law Introduction The Third Circuit’s decision in Azer Scientific LLC...
“Follow the Form, or Be Formed into the Class” – The Third Circuit Abandons the “Reasonable-Indication” Opt-Out Theory in Perrigo Institutional Investor Group v. Papa

“Follow the Form, or Be Formed into the Class” – The Third Circuit Abandons the “Reasonable-Indication” Opt-Out Theory in Perrigo Institutional Investor Group v. Papa

Date: Aug 15, 2025
“Follow the Form, or Be Formed into the Class” – Third Circuit Rejects the “Reasonable Indication” Opt-Out Standard under Rule 23 1. Introduction Perrigo Institutional Investor Group v. Papa, No....
United States v. Brown: Flight Equals Abandonment — A Passenger’s Loss of Standing to Challenge a Subsequent Vehicle Search

United States v. Brown: Flight Equals Abandonment — A Passenger’s Loss of Standing to Challenge a Subsequent Vehicle Search

Date: Aug 15, 2025
United States v. Brown: Flight Equals Abandonment — A Passenger’s Loss of Standing to Challenge a Subsequent Vehicle Search Introduction United States v. Tylee Brown (3d Cir. Aug. 12, 2025) addresses...
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