Dismissal of Repetitive In Forma Pauperis Civil Rights Suits as Malicious under 28 U.S.C. §1915(e)(2)(B)(i) Introduction Christopher R. Hall, a Pennsylvania state‐prison inmate, appeals the District...
Statute of Limitations and Immunity Shields in Civil Rights Actions: Sexton v. New Jersey Department of Corrections Introduction Carmen A. Sexton v. New Jersey Department of Corrections, decided May...
Clarifying Pleading Standards for Age Discrimination, Breach of Contract, and Trespass to Chattels Claims in the Third Circuit Introduction This commentary examines the Third Circuit’s May 15, 2025...
Clarifying Federal Removal Jurisdiction: Limits on Federal‐Question and Diversity Removal in Foreclosure Actions Introduction In M&T Bank v. Chryssoula Arsenis, the United States Court of Appeals for...
Clarification of the “Unable-or-Unwilling-to-Control” Test in Private-Actor Persecution Asylum Claims 1. Introduction Ingrid Cisneros Martinez, a Peruvian national, petitioned the United States Court...
Limits on Employer’s Neutral Reference Obligations and Post-Deadline Amendments in Resignation Agreement Litigation Introduction This commentary examines the Third Circuit’s decision in Keith Cauley...
Restricting Federal Review of State Court Judgments: Rooker‐Feldman and State‐Actor Boundaries in Civil Rights Litigation Introduction The appeal in Swenson I v. Vedder (3d Cir. No. 24-2652, 2025)...
Clarifying “Some Harm” as an Adverse Employment Action Under the ADEA: McCrorey v. City of Philadelphia Introduction John McCrorey, a 61-year-old lieutenant in the Philadelphia Police Department’s...
Statutory Mootness Under § 363(m) and the Limits on Nonconsensual Third-Party Releases in Chapter 11 Plans Introduction In In re Boy Scouts of America & Delaware BSA LLC (3d Cir. May 13, 2025), the...
Bankruptcy Appeal Limits: §363(m) Statutory Mootness and Non-Consensual Third-Party Releases Introduction This commentary examines the Third Circuit’s May 13, 2025 decision in In re Boy Scouts of...
Statutory Finality of §363(b) Sales and Limits on Third-Party Release Appeals in In re Boy Scouts of America Introduction The Third Circuit’s May 13, 2025 decision in In re Boy Scouts of America and...
Permissible Use of Deadly Force Against a Threatening Vehicle Introduction In Jessica Servais v. John Caccia, 23-2565 (3d Cir. May 13, 2025), the Third Circuit addressed whether a law enforcement...
Section 363(m) Bars Late-Stage Challenges to Chapter 11 Asset Sales: The Boy Scouts Precedent Introduction In a landmark decision issued May 13, 2025, the United States Court of Appeals for the Third...
In re Boy Scouts of America – Statutory Mootness Shields § 363(b) Sales Introduction In this consolidated appeal arising from the Third Circuit’s decision in In re Boy Scouts of America and Delaware...
Finality of § 363(b) Sales and the Limits on Non-Consensual Third-Party Releases in Chapter 11 Plans Introduction This commentary examines the Third Circuit’s May 13, 2025 decision in In re Boy...
Statutory Mootness Under §363(m): Limiting Challenges to Plan-Incorporated §363 Sales Introduction This appeal arises from the confirmation of the Chapter 11 Plan of Reorganization for Boy Scouts of...
Statutory Mootness Under 11 U.S.C. § 363(m) Bars Post-Confirmation Attacks on Non-Consensual Third-Party Releases Introduction In In re Boy Scouts of America and Delaware BSA, LLC, the Third Circuit...
Statutory and Equitable Mootness under Section 363(m): Insulating Chapter 11 Plan Sales from Appeal and the Limits on Third-Party Releases Introduction In In re Boy Scouts of America and Delaware...
Statutory Finality of § 363 Sales and Limits on Nonconsensual Releases in Chapter 11: In re Boy Scouts of America and Delaware BSA, LLC Introduction In May 2025, a divided Third Circuit issued a...
Section 363(m) Finality and Non-Consensual Third-Party Releases: Boy Scouts Chapter 11 Plan Decision Introduction In In re Boy Scouts of America and Delaware BSA, LLC, the Third Circuit addressed...