Consent-Based Magistrate Judge Jurisdiction in Bankruptcy Appeals: §636(c) Empowerment 1. Introduction This case, In re: MTE Holdings LLC, arose from a dispute over oil-and-gas royalties between...
Objective Reasonableness in Traffic Stops and Consent Searches: United States v. Terry Introduction United States v. John T. Terry (3d Cir. 2025) arises from a routine Pennsylvania Turnpike traffic...
Furnisher’s Duty to Conduct Reasonable Reinvestigation Under FCRA §1681s-2(b) Introduction Michael and Andrew Ritz ("Plaintiffs") leased a vehicle that Nissan Motor Acceptance Corporation ("Nissan")...
Establishing Cat’s Paw Liability for Gender Discrimination and Retaliation in Academic Contract Renewals Introduction In Nonna Y. Sorokina v. The College of New Jersey, a panel of the United States...
Historical Hallmarks Standard for Establishment Clause in Public School Curriculum Introduction Libby Hilsenrath v. School District of the Chathams, decided by the United States Court of Appeals for...
Harmless Allocution Error in Unlawful Reentry Sentencing: Clarifying Plain Error Review under Fed. R. Crim. P. 32 Introduction This commentary examines United States v. Rudys Osvaldo Torres, No....
Probable Cause Suffices for Pre-Revocation Detention: Limits of Due-Process in Probation Revocation Introduction In Dion Horton v. Administrative Judge Jill Rangos (3d Cir. 2025), a panel of the...
Physician’s Duty Under FTCA: No Liability for Emotional Distress from Treatment-Related Discharge Threat Introduction In David D. Richardson v. United States, the Third Circuit addressed whether a...
Defining Official-Duty Speech and Whistleblower Standards in Peck v. Bolognone Introduction Peck v. Bolognone is a Third Circuit decision addressing the limits of First Amendment protection for...
Clarifying Anders Review Standards and Restitution Obligations in CSAM Plea Agreements Introduction United States v. Luke Shager (3d Cir. May 1, 2025) is an appeal from a 262-month sentence and...
Reinforcing Rule 9(b) Particularity in False Claims Act Qui Tam Suits Introduction The Third Circuit’s decision in John Collado v. Bracco USA, Inc., No. 24-1668 (3d Cir. May 1, 2025), clarifies and...
Rigorous Application of Comparator Evidence and Discovery Diligence in Title VII Summary Judgment Introduction This commentary examines the Third Circuit’s decision in Deborah Bennett v. SEPTA, which...
Rubinstein v. Bank of America: Clarifying RICO Accrual and Equitable Tolling in Mortgage Fraud Claims Introduction In Rubinstein v. Bank of America NA, the Third Circuit addressed a protracted...
Res Judicata and the Timeliness of Rule 60(b) Relief: Third Circuit Clarifies Preclusive Effect Introduction The Third Circuit’s decision in Neil Binder v. Coldwell Banker Real Estate LLC (3d Cir....
Recognition of PREA-Complaint Retaliation and Limits of Sovereign Immunity for Voyeuristic Tort in Williamson v. Bolton Introduction In Bobby Williamson v. Brian Bolton, No. 24-2246 (3d Cir. Apr. 29,...
Ronaldo Lopez De Leon v. Attorney General: Establishing Nexus Requirements for Kinship-Based Particular Social Groups in Asylum and Withholding Claims Introduction In Ronaldo Lopez De Leon et al. v....
Shepard Documents and Forfeiture in Career-Offender Sentencing: United States v. Payo Introduction This commentary examines the Third Circuit’s decision in United States v. David Payo (No. 19-1631,...
Atypical and Significant Hardship Standard Bars Inmate Due Process Claims for Segregation, Parole, and Job Loss Introduction This commentary examines the Third Circuit’s April 28, 2025 per curiam...
Dooley v. Wetzel: Personal Knowledge and Deliberate Indifference in Prison Classification Claims Introduction Casey Dooley, a Pennsylvania inmate found “guilty but mentally ill” (GBMI) in 2002,...
Clarifying Parental IDEA Enforcement Rights and Limits of Pro Se Representation J.B. v. Quakertown Community School District, 3d Cir. No. 24-2308 (Apr. 28, 2025) Introduction J.R.B. (“Boyer”),...