The Services-and-Infrastructure Test: Third Circuit Clarifies FELA’s Reach and Excludes Urban Rapid Transit from “Railroad” Status Introduction This precedential decision from the U.S. Court of...
Particularity by Incorporation and the Seizure–Search Divide for Digital Devices: Lessons from Shotwell v. Delaware DSHS (3d Cir. 2025) Court: U.S. Court of Appeals for the Third Circuit...
Third Circuit Cabins CFAA to Code‑Based Hacking and Holds Passwords Are Not Trade Secrets Introduction In a precedential opinion with wide‑ranging consequences for computer‑misuse and trade secret...
Victim Identification Trumps Recantation and Officer Subjectivity in Probable Cause Analysis: Commentary on Tim Burton v. Marc Ziegler (3d Cir. 2025) Court: United States Court of Appeals for the...
Resisting-Arrest Pleas Do Not Blanket-Authorize Police Force: Third Circuit Requires a Complete Record—Including Bodycam Footage—Before Summary Judgment in Excessive-Force Cases Introduction In...
Third Circuit clarifies de novo review of Rule 60(d)(1) dismissals and reaffirms broad transactional claim preclusion in serial fee litigation Case: Law Offices of Bruce J. Chasan, LLC v. John Pierce...
A Two‑Track Roadmap When a Plaintiff Goes Silent: Rule 56 Record Review or Poulis‑Based Rule 41(b) Dismissal—Not “Default” Summary Judgment Case: Michael Goodson, Sr. v. City of Philadelphia and...
Subsection 2516(2) Defers to State Law: Third Circuit Confirms State AGs May Delegate Wiretap-Application Authority Without a Federal “Personal Review” Requirement Introduction In United States v....
No Personal Review Required: Third Circuit Holds State AG’s Delegation of Wiretap Authority Under §2516(2) Is Valid If Authorized by State Law Case: United States v. Price Montgomery; United States...
“Other Cause” Re-Defined: Third Circuit Sanctions Wide Bankruptcy-Court Power to Reopen Closed Cases and Bind Non-Debtor Creditors — Commentary on In re Congoleum Corporation (3d Cir. 2025) 1....
Age-Limit Mootness & Hearing-Officer Immunity under the IDEA – Commentary on Jenn-Ching Luo v. Owen J. Roberts School District (3d Cir. 2025) 1. Introduction The United States Court of Appeals for...
Third Circuit Clarifies Right to Implement Hearing-Officer Decisions During IDEA Appeal Period and Reaffirms Eleventh-Amendment Immunity of State Education Agencies Introduction In Jenn-Ching Luo v....
Telephonic Experts & Parental Participation under the IDEA: Third Circuit Affirms that Lack of Prior Parental Consent Alone Does Not Deny a FAPE 1. Introduction In Jenn-Ching Luo v. Owen J. Roberts...
“Attestation” Re-defined: Unsworn Declarations under 28 U.S.C. § 1746 Satisfy Settlement Requirements – Commentary on Profit Point Tax Technologies Inc. v. DPAD Group LLP 1. Introduction Profit Point...
“Timeliness and Prejudice” – The Third Circuit’s Refined Boundaries for Late Amendments, Rule 403, and Trial Discretion in Employment Discrimination Litigation I. Introduction Case: Carl Williams v....
“Fields v. BOP”: The Third Circuit’s Definitive Rejection of New Bivens Remedies for Federal-Prisoner Claims Introduction Andrew Fields, a federal inmate, sued multiple prison officials under Bivens...
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 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 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 Introduction United States v....