Nonsignatory Cannot Invoke a Delegation Clause Absent Clear Assent; Texas Direct-Benefits Estoppel May Still Compel Arbitration of Warranty Claims Introduction In Greg Kerr v. General Motors LLC (3d...
Dismissals Based on Rooker-Feldman or Eleventh Amendment Immunity Must Be Without Prejudice; Other Claim-Defeating Doctrines May Warrant With-Prejudice Dismissal Introduction In Richard Silverberg v....
Chain of Custody Need Not Be Proven Beyond a Reasonable Doubt in the Third Circuit Introduction In United States v. Kenneth Strickland (3d Cir. Aug. 18, 2026), Kenneth Strickland appealed jury...
Essential-Function and Reasonable-Accommodation Questions Under § 504 Are Generally for the Factfinder; RA Disparate-Impact Requires Comparative Proof Case: Carolyn Gardner v. Kutztown University (3d...
CAFA Local-Controversy “Significant Basis” Requires a Complaint-Focused, Comparative Conduct Analysis; Jurisdictional Remand Characterization Bars § 1291 Review 1. Introduction Parties and posture....
Claims-Made Coverage Barred by Unambiguous Prior-Knowledge Provision When Pre-Policy Events Create a Reasonable Basis to Expect a Claim Case: Meshinsky & Associates LLC v. Continental Casualty Co...
Plain-Language Enforcement of “Prior Knowledge” Provisions Bars Coverage Under Claims-Made Professional Liability Policies 1. Introduction In Meshinsky & Associates LLC v. Continental Casualty Co...
Rooker-Feldman and Eleventh Amendment Dismissals Must Be Without Prejudice Even When Other Claims Fail on the Merits 1. Introduction In Richard Silverberg v. DuPont De Nemours Inc. (Third Circuit,...
Renewal-Notice Clauses Apply Only to Insurer-Elected Nonrenewal, Not Insured’s Failure to Timely Accept a Renewal Offer Introduction In Virgin Grand Estates #60 Villa Association v. Inter-Ocean...
Undue Hardship After Groff: Upholding Healthcare COVID-19 Vaccine Mandates and Excluding Unreliable Rebuttal Experts Under Rule 702 1. Introduction In Sara Slattery v. Main Line Health Inc (3d Cir....
Proffer-Waiver Expansion: Opening Statements That Advance Contradictory Factual Theories Trigger Rebuttal Use of Proffer Admissions Case: United States v. Jose Tavares (No. 25-1489) (3d Cir. Aug. 17,...
Mann Act § 2422(a) Covers “Johns” Who Financially Induce Interstate Travel for Prostitution; Self-Representation May Be Revoked for Waiver by Conduct Case: United States v. Jose Torres (3d Cir. Aug....
Removal Stays Are Provisional: Petitioners Must Continuously Prove All Nken Factors, Including Jurisdiction and Procedural Viability Case: Jose Aristy-Rosa v. Attorney General United States of...
Reverse-Payment Antitrust Standing Requires Proof FDA Approval Would Have Occurred Earlier (Not Merely Could Have) Case: In re: Lipitor Antitrust Litigation (3d Cir. Aug. 13, 2026) (Not Precedential)...
Reverse-Payment Antitrust Standing Requires Proof the FDA Would Have Approved Earlier (Not Merely Could Have) Case: In re: Lipitor Antitrust Litigation (3d Cir. Aug. 13, 2026) (not precedential) Core...
Reverse-Payment Antitrust Standing Requires Proof the FDA “Would Have” Approved Earlier (Not Merely “May Have”) Case: In re: Lipitor Antitrust Litigation (3d Cir. Aug. 13, 2026) (Not Precedential)...
Stress Is Not an Adverse Employment Action: Post-Muldrow Identifiable-Term Harm and Unchanged Hostile-Environment Thresholds Under Title VII I. Introduction In Gersen Gabriel v. DSM Biomedical, Inc....
Reverse-Payment Standing Requires Proof the FDA Would Have Approved Earlier (Not Merely Could Have) I. Introduction In re: Lipitor Antitrust Litigation (3d Cir. Aug. 13, 2026) is a Hatch-Waxman...
Reverse-Payment Antitrust Standing Requires Proof FDA Approval Would Have Occurred Earlier (Not Merely Might Have) Introduction In re: Lipitor Antitrust Litigation (3d Cir. Aug. 13, 2026) arises from...
Government “Pivot” Advocacy and Plain-Error Limits on Plea-Agreement Breach Claims at Sentencing 1. Introduction In United States v. William Manderville (3d Cir. Aug. 13, 2026) (not precedential),...