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  • Commentaries
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3d Circuit Case Commentaries

“Post-Supervision Exhaustion” – Third Circuit Affirms that Completion of State Supervision Automatically Satisfies § 2254 Exhaustion Even After District-Court Dismissal

“Post-Supervision Exhaustion” – Third Circuit Affirms that Completion of State Supervision Automatically Satisfies § 2254 Exhaustion Even After District-Court Dismissal

Date: Aug 15, 2025
“Post-Supervision Exhaustion” – Third Circuit Affirms that Completion of State Supervision Automatically Satisfies § 2254 Exhaustion Even After District-Court Dismissal I. Introduction Vamsidhar...
United States v. Dobbin: Third Circuit Authorizes Use of Non-Shepard Records to Prove the Fact—Though Not the Nature—of Prior Convictions in Career-Offender Sentencing

United States v. Dobbin: Third Circuit Authorizes Use of Non-Shepard Records to Prove the Fact—Though Not the Nature—of Prior Convictions in Career-Offender Sentencing

Date: Aug 14, 2025
United States v. Dobbin: Third Circuit Authorizes Use of Non-Shepard Records to Prove the Fact—Though Not the Nature—of Prior Convictions in Career-Offender Sentencing Introduction United States v....
Intrinsic-vs-404(b) Evidence Clarified: Commentary on United States v. Elijah Hakim (3d Cir. 2025)

Intrinsic-vs-404(b) Evidence Clarified: Commentary on United States v. Elijah Hakim (3d Cir. 2025)

Date: Aug 13, 2025
Intrinsic-vs-404(b) Evidence Clarified: United States v. Elijah Hakim (3d Cir. 2025) Introduction United States v. Elijah Hakim, No. 23-1713, decided 8 August 2025 by the Court of Appeals for the...
“Mouse-Clicks, Not Private Facts” – Third Circuit Declares Non-Personal Session-Replay Tracking Insufficient for Article III Standing

“Mouse-Clicks, Not Private Facts” – Third Circuit Declares Non-Personal Session-Replay Tracking Insufficient for Article III Standing

Date: Aug 13, 2025
“Mouse-Clicks, Not Private Facts” – Third Circuit Declares Non-Personal Session-Replay Tracking Insufficient for Article III Standing 1. Introduction In Amber Cook v. GameStop Inc., the United States...
Affirming the Threshold for Access-to-Courts Injury and Other Prisoner-Civil-Rights Limits: A Commentary on Jones v. Harry (3d Cir. 2025)

Affirming the Threshold for Access-to-Courts Injury and Other Prisoner-Civil-Rights Limits: A Commentary on Jones v. Harry (3d Cir. 2025)

Date: Aug 13, 2025
Affirming the Threshold for Access-to-Courts Injury and Other Prisoner-Civil-Rights Limits: A Commentary on Jones v. Harry (3d Cir. 2025) 1. Introduction Background. In James Jones v. Harry, an...
Collateral-Order Review of “Favorable Termination” in Malicious-Prosecution Immunity Appeals: Commentary on Marcus Boone v. City of Elizabeth

Collateral-Order Review of “Favorable Termination” in Malicious-Prosecution Immunity Appeals: Commentary on Marcus Boone v. City of Elizabeth

Date: Aug 13, 2025
Collateral-Order Review of “Favorable Termination” in Malicious-Prosecution Immunity Appeals Commentary on Marcus Boone v. City of Elizabeth, 69 F.4th ___ (3d Cir. 2025) I. Introduction The Third...
Boone v. City of Elizabeth: Limiting Interlocutory Appeals and Re-defining “Favorable Termination” after Thompson v. Clark

Boone v. City of Elizabeth: Limiting Interlocutory Appeals and Re-defining “Favorable Termination” after Thompson v. Clark

Date: Aug 13, 2025
Boone v. City of Elizabeth: Limiting Interlocutory Appeals and Re-defining “Favorable Termination” after Thompson v. Clark 1. Introduction In Marcus Boone v. City of Elizabeth, the United States...
Third Circuit Re-Affirms Stringent Comparator Standard for “Class-of-One” Equal Protection Claims During Municipal Code Enforcement

Third Circuit Re-Affirms Stringent Comparator Standard for “Class-of-One” Equal Protection Claims During Municipal Code Enforcement

Date: Aug 13, 2025
Third Circuit Re-Affirms Stringent Comparator Standard for “Class-of-One” Equal Protection Claims During Municipal Code Enforcement Charles Jaramillo et al. v. City of Coatesville et al., United...
“Treasury-Centric” Sovereign Immunity: The Third Circuit’s New Emphasis on Financial Impact in Tribal Arm-of-the-Tribe Analysis

“Treasury-Centric” Sovereign Immunity: The Third Circuit’s New Emphasis on Financial Impact in Tribal Arm-of-the-Tribe Analysis

Date: Aug 6, 2025
“Treasury-Centric” Sovereign Immunity: The Third Circuit’s New Emphasis on Financial Impact in Tribal Arm-of-the-Tribe Analysis Introduction In Rashonna Ransom v. GreatPlains Finance LLC, the United...
Evergreen Clauses Trump the One-Employee Unit Rule: Third Circuit Fortifies § 9(a) Collective-Bargaining Agreements

Evergreen Clauses Trump the One-Employee Unit Rule: Third Circuit Fortifies § 9(a) Collective-Bargaining Agreements

Date: Aug 6, 2025
Evergreen Clauses Trump the One-Employee Unit Rule: Third Circuit Fortifies § 9(a) Collective-Bargaining Agreements Introduction Case: Brian Trematore Plumbing & Heating Co., Inc. v. Sheet Metal...
Norton v. Adams: Narrowing the Path for Federal Injunctions of State Foreclosure Sales under the Anti-Injunction Act

Norton v. Adams: Narrowing the Path for Federal Injunctions of State Foreclosure Sales under the Anti-Injunction Act

Date: Aug 5, 2025
Norton v. Adams: Narrowing the Path for Federal Injunctions of State Foreclosure Sales under the Anti-Injunction Act Introduction In Bruce Norton v. Joseph C. Adams, No. 25-2361 (3d Cir. Aug. 1...
Empowering the Jury: Third Circuit Clarifies When Expert Causation Testimony Is Unnecessary in Pennsylvania Products-Liability Litigation

Empowering the Jury: Third Circuit Clarifies When Expert Causation Testimony Is Unnecessary in Pennsylvania Products-Liability Litigation

Date: Aug 5, 2025
Empowering the Jury: Third Circuit Clarifies When Expert Causation Testimony Is Unnecessary in Pennsylvania Products-Liability Litigation I. Introduction In Keith Slatowski v. Sig Sauer Inc., No....
Ownership Alone Is Not Command: Third Circuit Clarifies “Person in Charge” Standard Under 18 U.S.C. § 2237(a)(1)

Ownership Alone Is Not Command: Third Circuit Clarifies “Person in Charge” Standard Under 18 U.S.C. § 2237(a)(1)

Date: Aug 5, 2025
Ownership Alone Is Not Command: Third Circuit Clarifies “Person in Charge” Standard Under 18 U.S.C. § 2237(a)(1) 1. Introduction United States v. Jorge Romero-Amaro (3d Cir. 2025) addresses a...
Third Circuit Narrows the Reach of PHRA’s “Best Able and Most Competent” Clause and Raises the Bar for Certified Questions

Third Circuit Narrows the Reach of PHRA’s “Best Able and Most Competent” Clause and Raises the Bar for Certified Questions

Date: Aug 5, 2025
Third Circuit Narrows the Reach of PHRA’s “Best Able and Most Competent” Clause and Raises the Bar for Certified Questions Introduction The decision in Pamela Kern v. DAS Companies Inc. (3d Cir. No....

        Third Circuit Declares “Non-Renewal” Clauses That Waive NJFPA Protections Unenforceable:
        Commentary on Scion Hotels LLC v. Holiday Hospitality Franchising LLC

Third Circuit Declares “Non-Renewal” Clauses That Waive NJFPA Protections Unenforceable: Commentary on Scion Hotels LLC v. Holiday Hospitality Franchising LLC

Date: Aug 5, 2025
Third Circuit Declares “Non-Renewal” Clauses That Waive NJFPA Protections Unenforceable: Commentary on Scion Hotels LLC v. Holiday Hospitality Franchising LLC, No. 24-2800 (3d Cir. 2025) 1....
No Spill-Over Prestige: Third Circuit Clarifies Article III Standing in Rankings-Fraud Suits – Comment on Budet v. Rutgers Business School (3d Cir. 2025)

No Spill-Over Prestige: Third Circuit Clarifies Article III Standing in Rankings-Fraud Suits – Comment on Budet v. Rutgers Business School (3d Cir. 2025)

Date: Aug 2, 2025
No Spill-Over Prestige: Third Circuit Clarifies Article III Standing in Rankings-Fraud Suits – Comment on Budet v. Rutgers Business School (3d Cir. 2025) 1. Introduction In Budet v. Rutgers Business...
Third Circuit Clarifies the Scope of Rule 32(i)(1)(C) Notice Obligations — Commentary on United States v. Montas

Third Circuit Clarifies the Scope of Rule 32(i)(1)(C) Notice Obligations — Commentary on United States v. Montas

Date: Aug 2, 2025
Third Circuit Clarifies the Scope of Rule 32(i)(1)(C) Notice Obligations: United States v. Juan Montas Introduction United States v. Juan Montas, No. 24-1851 (3d Cir. July 30 2025), presented a...
Clarifying AEDPA’s “Clearly Established Law” Threshold: No Automatic Prejudice for Counsel’s Failure to Strike a Biased Juror – Commentary on Daniel Stoffa v. Michael Zaken (3d Cir. 2025)

Clarifying AEDPA’s “Clearly Established Law” Threshold: No Automatic Prejudice for Counsel’s Failure to Strike a Biased Juror – Commentary on Daniel Stoffa v. Michael Zaken (3d Cir. 2025)

Date: Aug 2, 2025
Clarifying AEDPA’s “Clearly Established Law” Threshold: No Automatic Prejudice for Counsel’s Failure to Strike a Biased Juror Commentary on Daniel Stoffa v. Michael Zaken, No. 24-1638 (3d Cir. July...
Constructive Notice Suffices: Third Circuit Affirms No Due-Process Right to Personal Notice of the Asylum One-Year Deadline and Confirms Non-Reviewability of “Extraordinary Circumstances” Findings

Constructive Notice Suffices: Third Circuit Affirms No Due-Process Right to Personal Notice of the Asylum One-Year Deadline and Confirms Non-Reviewability of “Extraordinary Circumstances” Findings

Date: Aug 2, 2025
Constructive Notice Suffices: Third Circuit Affirms No Due-Process Right to Personal Notice of the Asylum One-Year Deadline and Confirms Non-Reviewability of “Extraordinary Circumstances” Findings...
From “Newly Public” to “Newly Significant” – The Third Circuit Refines Price-Impact Rebuttal Under the Inflation-Maintenance Theory

From “Newly Public” to “Newly Significant” – The Third Circuit Refines Price-Impact Rebuttal Under the Inflation-Maintenance Theory

Date: Aug 2, 2025
From “Newly Public” to “Newly Significant” – The Third Circuit Refines Price-Impact Rebuttal Under the Inflation-Maintenance Theory 1. Introduction In San Diego County Employees Retirement...
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