Resentencing After Vacatur: Finality of Sentence, Sixth Amendment Fact-Finding, and Law-of-the-Case Doctrines Introduction United States v. Jackson (3d Cir. Mar. 21, 2025) presents a rare “fourth...
Clarity Requirement for Postponed Wage Increases to Avoid Coercion in Union Representation Elections Introduction Russell Reid Waste Hauling & Disposal Service Company, Inc. (“Russell Reid”) and the...
Clarity Requirement in Wage-Increase Postponements Under NLRA Section 8(a)(1) Introduction NLRB v. Russell Reid Waste Hauling & Disposal Service Co., Inc. (3d Cir. 2025) addresses the precise...
Limits on Federal-Officer Removal and CAFA Minimal Diversity in Health-Data Privacy Suits Introduction In the consolidated appeals of Donna Cheesman v. Capital Health System Inc. and Hillary Barnett...
Voluntary Participation in Federal Incentive Programs Does Not Confer Federal Officer Removal Jurisdiction Introduction This commentary examines the Third Circuit’s consolidated decision in Hillary...
Narrowing the Scope of Religious Accommodation Claims in Employment Testing Requirements Introduction The case of Jill Gatto v. Johnson & Johnson Services, Inc., decided by the United States Court of...
Reaffirming Statutory Limitations and Narrowing Equitable Tolling in Prison Civil Rights Claims Introduction In the case of Richard Edward Weber v. Erie County, Erie County Prison and multiple...
Clarifying Overdetention Claims: When Heck Does Not Bar an Eighth Amendment Challenge Introduction The case of Jeffrey E. Herrera v. Agents of Pennsylvania Board of Probation and Parole et al....
Rescission and Mootness: Clarifying Judicial Relief in COVID-19 Executive Order Challenges Introduction In the case of KATIE SCZESNY; JAMIE RUMFIELD; DEBRA HAGEN; MARIETTE VITTI, Appellants v. PHILIP...
The Mootness Doctrine and Rescission of COVID-19 Executive Orders: A New Framework for Evaluating Judicial Relief Introduction In a case involving four former nurses—Katie Sczesny, Jamie Rumfield,...
NORMAN SHAW, JR. v. WAYNE MEMORIAL HOSPITAL: Clarifying EMTALA’s Screening Limitations in Emergency Care Introduction This commentary examines the recent decision from the United States Court of...
Defining Fourth Amendment Standing in Commercial Drug Distribution Contexts: United States v. Loyal Introduction The United States Court of Appeals for the Third Circuit, in its non-precedential...
Ambiguous Video Cannot Displace Plaintiff’s Testimony at Summary Judgment; Pro Se Requests for Counsel Must Be Reconsidered Where an Expert/Affidavit-of-Merit Barrier Emerges 1. Introduction In Randy...
Refusal to Confirm a Foreign Arbitral Award When the Tribunal Was Not Appointed Under the Parties’ Chosen Institutional Rules (New York Convention art. V(1)(d)) 1. Introduction Case: Spineway SA v....
No “Cat’s Paw” Imputation of a Borough Manager’s Animus to a Municipal Council’s Legislative Vote Introduction In Linda Atiyeh v. Borough of Gettysburg (3d Cir. Mar. 17, 2025) (not precedential), the...
Repeated Rule 8 and Plausibility Failures at § 1915(e) Screening Justify Dismissal with Prejudice in Title VII “Employment Agency” Claims 1. Introduction In Jonathan Valentin v. Commonwealth of...
Arbitrator Authority Affirmed: Expanding the Basis for Awarding Attorney's Fees in Arbitration Introduction The case of DAVISON DESIGN & DEVELOPMENT, INC., Appellant v. MARIO SCORZA before the United...
Refining Equitable Tolling and Ineffective Assistance Requirements in Immigration Reopening Motions Introduction The case of Cesar Obed Almendares v. Attorney General of the United States of America...
Sentencing Precision in False Statement Firearms Purchases: Balancing Mitigating Factors and Public Safety Introduction The case UNITED STATES OF AMERICA v. ZHI DONG involves an appellant who was...
Rescinded Public-Health Executive Orders Moot Prospective Constitutional Challenges Absent a Realistic Prospect of Reenactment Case: Katie Sczesny v. Philip Murphy (3d Cir. Mar. 14, 2025) (Not...