Bankruptcy §363(m) Reins in Challenges to Non-Consensual Third-Party Releases: Commentary on Boy Scouts of America Appeals Introduction The Boy Scouts of America and Delaware BSA, LLC filed Chapter...
Statutory Finality of Non-Stayed §363(b) Sales: Boy Scouts Appellate Commentary Introduction In May 2025 the Third Circuit issued a precedential opinion in the consolidated appeals arising from the...
Statutory Appeal Limitations and Third-Party Releases in Chapter 11: §363(m) vs. Harrington Introduction In May 2025, a divided Third Circuit panel resolved a complex Chapter 11 dispute arising from...
Statutory Finality of § 363(b) Sales and Insulation of Non-Consensual Third-Party Releases in Chapter 11 Plans Introduction These consolidated appeals arise from the Boy Scouts of America’s (BSA)...
Statutory Mootness Under § 363(m) and the Finality of Bankruptcy Plan Sales with Non-Consensual Third-Party Releases Introduction In In re Boy Scouts of America and Delaware BSA, LLC, the Third...
Precise Pleading of EEOC Charges Under the ADEA: Timing and Substance Introduction This commentary examines the Third Circuit’s decision in Glenda Dianne Brooks v. Harrisburg Area Community College,...
Enforceability of “Any Breach” Carve-Outs in Covenants Not to Sue Introduction In Stony Battery RD Property Owner LLC v. QVC Inc., the Third Circuit addressed the scope and enforceability of a...
Limiting Section 1983 and Title VII Actions: Sovereign Immunity, State-Actor Doctrine, and Res Judicata in Michael Kissell v. Pennsylvania Office of the Budget Introduction In Michael Kissell v....
Wyatt v. SCI-Mahanoy: Pleading Standards for Collective Prison Lockdowns Under the Eighth and Fourteenth Amendments Introduction In Tariq Wyatt v. Superintendent Mahanoy SCI, the United States Court...
Self-Serving Affidavits, Implied Covenant, and Unjust Enrichment: Daimler v. Moehle Precedent 1. Introduction Eric Daimler and Chris Moehle, both early-stage robotics investors, formed two joint...
New Legal Rule: IDEA Procedural Victory Confers Prevailing-Party Status for Fee Awards Introduction Micayla Augustyn v. Wall Township Board of Education is a 2025 Third Circuit decision that...
Prevailing Party Status Under IDEA: Attorneys' Fees for Procedural Victories Introduction Micayla Augustyn v. Wall Township Board of Education (3rd Cir. 2025) addresses whether a student who...
Execution Sales vs. Judicial Sales: Clarifying Rule 69(a) and 28 U.S.C. § 2001 in Federal Mortgage Foreclosure 1. Introduction United States Bank N.A., as Trustee for holders of a commercial mortgage...
Scope of Range Limited: Felons with Extensive Criminal Histories Can't Use As-Applied Second Amendment Challenges to 18 U.S.C. §922(g)(1) Introduction The Third Circuit’s decision in United States v....
Broad Interpretation of “With Respect to Any Software” in Retention Holdback Agreements to Include Hardware Sales with Integrated IP Introduction James Bailey v. Tektronix Inc. (3d Cir. May 8, 2025)...
Clarification of Jurisdictional and Evidentiary Standards in I-130 Marriage Fraud Denials Under 8 U.S.C. §1154(c) Introduction In Stacey Watson v. Attorney General United States of America, No....
AstraZeneca v. HHS: Defining Standing and Due-Process Limits in the IRA’s Drug Price Negotiation Program Introduction In AstraZeneca Pharmaceuticals LP v. Secretary, United States Department of...
Actual Loss Over Intended Loss and Victim Definition in USSG §2B1.1 Introduction United States v. Patrick Barkers-Woode and United States v. Nana Mensah, decided May 7, 2025 by the Third Circuit,...
Requiring Actual Loss for Sentencing Enhancements under U.S.S.G. §2B1.1 Introduction The consolidated appeals in United States v. Patrick Barkers-Woode and United States v. Nana Mensah arose from a...
Affirming Upward Variance for Straw Firearm Purchases to Deter Gang-Related Gun Violence Introduction In United States v. Jordan Harmon, No. 24-1797 (3d Cir. May 7, 2025), the Third Circuit addressed...