Rule 11 Reaches Attached Pre‑Suit Letters and Post‑Removal Advocacy; Inherent Power Sanctions Pre‑Suit Deception: Sofaly v. Portfolio Recovery Associates Introduction In Robert Sofaly v. Portfolio...
"Hours Paid" Means Compensated Hours, Not Overtime-Inflated Hours: Third Circuit Clarifies CBA Contribution Bases Under ERISA § 515 Court: U.S. Court of Appeals for the Third Circuit (not...
"Hours Paid" Means Compensated Hours, Not Overtime Multipliers: The Third Circuit’s Textual Clarification for ERISA Multiemployer Contributions Court: U.S. Court of Appeals for the Third Circuit (Not...
Anchoring Criminal History to the Offense of Conviction: Third Circuit Rejects Relevant-Conduct Start Date for §4A1.2(e) Look-Back in United States v. Josey Introduction In a precedential opinion...
Unsworn Statements Cannot Create Fact Disputes, But May Prompt Rule 56(e) Cure Orders: The Third Circuit’s Precedential Clarification in Lauria v. Lieb Introduction In a precedential opinion, the...
No Qualified Immunity for Malicious Prosecution Built on Manufactured Evidence Evans v. City of Newark (3d Cir. Sept. 12, 2025) Introduction In a precedential decision, the United States Court of...
Section 666 in the Territories: Third Circuit Affirms that Commissioners of Statutorily “Independent” Agencies Are Government Agents and Federal Block Grants Are “Benefits” Case: United States v....
No Duty to Exhaustively Vet Citizen-Witness Backgrounds; Probable Cause Sustained by Partial Corroboration and Reconstructed Affidavit — United States v. Larnerd (3d Cir. 2025) Introduction In United...
Qualified Immunity Does Not Shield Malicious Prosecution Built on Manufactured Evidence Commentary on Lee Evans v. Newark City, Nos. 23-1723 & 23-1724 (3d Cir. Sept. 12, 2025) Introduction This...
Unapproved Class Settlements Don’t Moot Previously Granted Injunctive Relief: Third Circuit Affirms Permanent Injunction Despite Delay and Minor Drafting Errors Case: Vaudral Luxama v. Ironbound...
Images and Mentions Are Not Enough: Third Circuit Clarifies “Of and Concerning” and Reaffirms Opinion/Substantial-Truth Shields for Political Commentary Case: Nina Jankowicz v. Fox News Network LLC...
Pre-enforcement Excessive Fines Challenges to IRA §5000D Excise Tax Are Barred by the Anti-Injunction and Declaratory Judgment Acts; Voluntariness of Medicare Drug Price Negotiations Reaffirmed...
No Country-Conditions Hardship When Children Remain in the U.S.: The Third Circuit’s Post‑Wilkinson Roadmap for Reviewing Cancellation of Removal and Enforcing Exhaustion Introduction In Edin Samuel...
Principles, Not Twins: The Third Circuit’s Sensitive-Places Framework After Bruen and Rahimi Commentary on Koons v. Attorney General New Jersey (3d Cir. Sept. 10, 2025) Introduction In Koons v....
Internal Affairs, Not Foreign Receivers, Controls Bankruptcy Authority; Product‑Line Successor Claims Are Property of the Estate A comprehensive commentary on In re Whittaker Clark & Daniels, Inc.,...
Compatibility and Proximity Control: Third Circuit Reaffirms LCM Capability Under § 2K2.1(a)(3), Applies Perez’s Close‑Proximity Presumption, and Rejects Probationer’s Second Amendment Challenge...
Principles-Based Sensitive-Places Doctrine: Third Circuit Upholds Most Location Bans, Invalidates Insurance Mandate and Private-Property Default in Koons v. Attorney General of New Jersey...
Nonjurisdictional Filing Defects and Estate Ownership of Product‑Line Successor Claims: Third Circuit’s Guidance in In re Whittaker Clark & Daniels Introduction The Third Circuit’s precedential...
Whittaker Clarifies: Filing Authority Is Nonjurisdictional, Sister‑State Receivers Cannot Strip a Board’s Bankruptcy Power, and Product‑Line Successor Claims Belong to the Estate Introduction In a...
Third Circuit Reaffirms Strict Timeliness and Excusable-Neglect Limits on Rule 60 Relief in Bankruptcy Claim Expungements Introduction In a non-precedential opinion, the United States Court of...