“You Cannot Hide Behind Your Own Alias” – United States v. Marte and the Limits of §1326(d) Collateral Attacks I. Introduction United States v. Jose Miguel Marte, No. 24-1540 (3d Cir. June 9, 2025)...
No Liberty Interest in Short-Term Restricted Housing and the Futility of Implied Private Rights of Action: Commentary on Daniel Andrews, Sr. v. Pennsylvania Department of Corrections (3d Cir. 2025)...
Clarifying the Preclusive Effect of State-Confirmed Tenure Arbitration Awards on Subsequent Federal Title VII Claims – A Commentary on Gregory Janicki v. Washington Township Board of Education...
Clarifying Ascertainability and Consumer Remedies in “Short-Change” Class Actions Introduction In Bridget McMahon and James Rice v. Chipotle Mexican Grill, Inc., Nos. 24-1883 & 24-2042 (3d Cir. June...
Clarifying Ascertainability in Rule 23(b)(3) Class Actions: Objective Criteria and Feasible Identification Mechanisms Introduction The Third Circuit’s decision in Bridget McMahon v. Chipotle Mexican...
Reaffirming the 90-Day Filing Deadline: Limited Equitable Tolling for ADA Actions Filed Pro Se Introduction In Judy Percival v. Kelley Zimmerman, the United States Court of Appeals for the Third...
Non-Party Immunity from Arbitration Awards: Third Circuit Upholds Permanent Injunction in Trustees v. Patterson Introduction Trustees of the General Assembly of the Church of the Lord Jesus Christ of...
Clarifying Mitigating Role Adjustments Under USSG §3B1.2: Distinction Between Minor and Minimal Participants Introduction United States v. Ricky Sanchez (3d Cir. 2025) addresses the distinction...
Definitive Scope Requirement for Final § 1782 Discovery Orders Introduction In Amgen Inc. v. Celltrion USA Inc., the Third Circuit addressed a threshold jurisdictional question under 28 U.S.C. §...
Limiting Public Employee First Amendment Retaliation: Public Concern and Employer Knowledge Requirements Introduction Nancy E. Lewen v. Pennsylvania Soldiers and Sailors Home presented the Third...
Preservation of Expert-Testimony Objections and Batson Affiliation Strikes: Third Circuit’s Clarification in United States v. Hamlet, Phillips & Manley Introduction United States v. Corey Hamlet,...
Defining Waiver of Daubert Challenges and Batson Affiliation Strikes United States v. Corey Hamlet Introduction United States v. Corey Hamlet (3d Cir. 2025) is a consolidated appeal from convictions...
Clarifying Waiver of Evidentiary Objections and Batson’s Affiliation-Based Challenges: United States v. Tony Phillips Introduction United States v. Tony Phillips (3d Cir. June 4, 2025) arose from a...
Establishing the Threshold for “Extraordinary Circumstances” Under Younger Abstention in Federal Challenges to Ongoing State Criminal Proceedings Introduction This commentary examines the Third...
Clarifying the Scope of Aggravated Identity Theft Post-Dubin: United States v. Jason Weigand Introduction This commentary examines the Third Circuit’s decision in United States v. Jason C. Weigand,...
Affirmation of “At the Crux” Misuse Standard in Aggravated Identity Theft under 18 U.S.C. §1028A Introduction United States v. Jason C. Weigand is a consolidated appeal from the Third Circuit Court...
Neutral Laws with Discretionary Exemptions Trigger Strict Scrutiny & Robust Title VII Accommodation Standards Introduction In Alexander Smith v. City of Atlantic City, 3rd Cir. No. 23-3265 (May 30,...
Third Circuit Clarifies Title IX Zone-of-Interests for Non-Student, Non-Employee Plaintiffs Introduction In Jennifer Oldham v. Penn State University, 22-2056 (3d Cir. May 29, 2025), the Third Circuit...
Clarifying Statutes of Limitations and Tolling in Federal Civil Rights Actions: Tice v. Wilson Introduction James Robert Tice, proceeding pro se, filed a sprawling 600-page civil rights and related...
United States v. Outlaw: Requiring Particularized Probable Cause from Marijuana Odor Introduction In United States v. Abdul Outlaw (3d Cir. May 28, 2025), the Third Circuit Court of Appeals clarified...