United States v. McIver: No Interlocutory Appeal for Selective/Vindictive Prosecution Denials; Speech or Debate Clause Does Not Immunize Non‑Legislative Physical Interference During Oversight Visits...
Third Circuit: No Interlocutory Appeal for Selective/Vindictive-Prosecution Denials; Legislative Immunity Limited to Speech or Debate—Remand Required for Overbroad § 111 Count Introduction United...
CAT-Only Petitions After Removal Are Moot Absent Redressable Collateral Consequences or a Realistic Path to Return Case: Jose Mejia-Henriquez v. Attorney General United States of America (3d Cir....
Rule 41(g) Return of Seized Domain Denied Where OFAC Sanctions Bar Lawful Possession (Entitlement Assessed at Time of Motion) 1. Introduction In Timofey V v. United States (3d Cir. Aug. 25, 2026),...
Unconditional Guilty Pleas Waive Statute-of-Limitations Appeals; Broad Limitations Waivers in Plea Agreements Survive Plea Withdrawal 1. Introduction In United States v. Luis Figueroa (3d Cir. Aug....
Third Circuit: Time-Barred § 1983 Claims, No Standing Without Credible Threat of Enforcement, and Conclusory “Conspiracy” Allegations Cannot Salvage a Murky Complaint 1. Introduction In Andre Boyer...
Express Reservation + Needed Factual Development Defeats Implied Waiver of FAA Arbitration Rights Case: Jane Parkin v. Avis Rent a Car System LLC (captioned defendants include Budget Rent A Car...
Silence Is Not “Affirmative Non‑Opposition”: Administrative Closure Requires an Explicit DHS Indication Under 8 C.F.R. § 1003.1(l)(3) 1. Introduction In Ayman Mohamady-Abdelghaffar v. Attorney...
Indiana Sexual Battery “By Force or Imminent Threat of Force” Is a CIMT and May Be Treated as a Particularly Serious Crime Case: Kudzai Shonhai v. Attorney General United States of America (3d Cir....
No Implied Waiver of Arbitration Against Unnamed Class Members Before They Become Parties 1. Introduction Roger Salvatora v. XTO Energy Inc (3d Cir. Aug. 24, 2026) is an interlocutory appeal arising...
Exhaustion-Enforced Waiver and CAT Acquiescence: Failure to Challenge Nexus Before the BIA Bars Asylum/Withholding Review 1. Introduction In Cesar Plaza Rivera v. Attorney General United States of...
Third Circuit: Applying Ross “On‑Mission” Categories to Passenger Questioning and Construing “Can I Search You?” as General Consent to a Full Pat-Down I. Introduction United States v. Christopher...
Drug-Premises Enhancement Applies When Drug Distribution Is a Significant (Not Sole) Purpose of a Residence 1. Introduction In United States v. Jason Mika (3d Cir. Aug. 21, 2026) (nonprecedential),...
Rule 33 New Trials for Deadlock Instructions: Misstatement “You Have to” Requires Undue Coercion and Prejudice in Context I. Introduction United States v. Philip Epps (Third Circuit, Aug. 21, 2026)...
Pipeline Safety Act Citizen Suits: The 60‑Day Notice-and-Delay Requirement Is a Mandatory Condition Precedent Requiring Dismissal 1. Introduction Sunoco Pipeline LP v. Daniel La Hart (3d Cir. Aug....
CAFA Local-Controversy “Significant Basis” Requires a Conduct-Comparative Analysis; § 1291 Review Barred When Jurisdictional Remand Characterization Is Colorable 1. Introduction Daniel La Hart and...
Nonsignatory Cannot Invoke a Delegation Clause Absent Clear Assent; Texas Direct-Benefits Estoppel May Still Compel Arbitration of Warranty Claims Introduction In Greg Kerr v. General Motors LLC (3d...
Dismissals Based on Rooker-Feldman or Eleventh Amendment Immunity Must Be Without Prejudice; Other Claim-Defeating Doctrines May Warrant With-Prejudice Dismissal Introduction In Richard Silverberg v....
Chain of Custody Need Not Be Proven Beyond a Reasonable Doubt in the Third Circuit Introduction In United States v. Kenneth Strickland (3d Cir. Aug. 18, 2026), Kenneth Strickland appealed jury...
Essential-Function and Reasonable-Accommodation Questions Under § 504 Are Generally for the Factfinder; RA Disparate-Impact Requires Comparative Proof Case: Carolyn Gardner v. Kutztown University (3d...