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Occasion Means More Than Time Stamps: Third Circuit Vacates §4B1.5(b) Pattern Enhancement and Remands to Assess Whether a Prior Assault Was a Separate Occasion Case: United States v. Jeffrey Colin...
Hybrid Restitution Under the MVRA: Third Circuit Endorses Flexible Crediting and Rejects Blanket “Sheets” Rule in United States v. Shvets Introduction In United States v. Natalya Shvets, the Third...
When Parties Waive Appeals, Even Erroneous Sealing Orders Stand: The Third Circuit Confirms Indefinite Post‑Judgment Sealing Orders Are Final Collateral Orders but Unreviewable by a Waiving Party...
Reaffirming Sovereign and Judicial Immunity and Plausibility Pleading in Domestic‑Relations–Adjunct RICO/§ 1983 Suits: Fake v. Commonwealth of Pennsylvania (3d Cir. 2025) Note: This Third Circuit...
Post-Deprivation Prison Grievance Procedures Satisfy Due Process for Temporarily Withheld Inmate Funds; Supervisory Liability Requires Personal Involvement, Not Grievance Denials Introduction This...
Actual Fraud or Nothing: Market-Tested Sale Findings and Appellate Record Limits Defeat § 1144 Revocation in Virgin Orbit Introduction This commentary analyzes the Third Circuit’s non-precedential...
CAFA Amount in Controversy Fixed at Filing—Even If Federal Claims Are Later Dismissed; Third Circuit Reaffirms Panzarella’s “Use” Requirement for TCPA ATDS Liability Introduction In Michael Anthony...
No Continuing Violation for FDCPA Suits Based on Debt-Collection Litigation; Post-Complaint Filings Do Not Restart the One-Year Clock Case: Helisha Moore v. Cohn, Lifland, Pearlman, Hermann & Knoph...
No Exhaustion Without Sworn Proof: Third Circuit Reinforces Declaration Requirement in PLRA Disputes Commentary on Payne v. Gourley, No. 25-1765 (3d Cir. Sept. 24, 2025) (nonprecedential)...
Acceptance of Responsibility Cannot Be Denied Based Solely on Pre‑Notice Arrest Conduct: Third Circuit Vacates Sentence in United States v. Guerrero Grimaldos Court: U.S. Court of Appeals for the...
Third Circuit: Rule 11 Reaches Attached “Dispute Letters” and Removed Complaints; Inherent-Power Sanctions Extend to Prelitigation Schemes to Manufacture FDCPA Claims Introduction In a precedential...
No State-Created Danger Without Direct But-For Causation: Third Circuit Affirms Summary Judgment and Tightens Rule 56(d) Discovery in Estate of Lagano v. BCPO Court: U.S. Court of Appeals for the...
Reaffirming Divisibility by Drug Identity: The Third Circuit Holds Pennsylvania PWID Remains a Controlled-Substance “Element” Offense for INA Removability Introduction In Jose Miguel German Santos v....
Liberal Construction of Notices of Appeal and Qualified Immunity for Executing Facially Valid Warrants: Commentary on Pinkney v. Meadville Note: This Third Circuit disposition is designated not...
Rule 11 Reaches Attached Pre‑Suit Letters and Post‑Removal Advocacy; Inherent Power Sanctions Pre‑Suit Deception: Sofaly v. Portfolio Recovery Associates Introduction In Robert Sofaly v. Portfolio...
"Hours Paid" Means Compensated Hours, Not Overtime-Inflated Hours: Third Circuit Clarifies CBA Contribution Bases Under ERISA § 515 Court: U.S. Court of Appeals for the Third Circuit (not...
"Hours Paid" Means Compensated Hours, Not Overtime Multipliers: The Third Circuit’s Textual Clarification for ERISA Multiemployer Contributions Court: U.S. Court of Appeals for the Third Circuit (Not...
Anchoring Criminal History to the Offense of Conviction: Third Circuit Rejects Relevant-Conduct Start Date for §4A1.2(e) Look-Back in United States v. Josey Introduction In a precedential opinion...
Unsworn Statements Cannot Create Fact Disputes, But May Prompt Rule 56(e) Cure Orders: The Third Circuit’s Precedential Clarification in Lauria v. Lieb Introduction In a precedential opinion, the...
No Qualified Immunity for Malicious Prosecution Built on Manufactured Evidence Evans v. City of Newark (3d Cir. Sept. 12, 2025) Introduction In a precedential decision, the United States Court of...