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  • Commentaries
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3d Circuit Case Commentaries

Beyond the Orchard: The Third Circuit Extends Jarkesy’s Article III Limitations to Department of Labor H-2A Enforcement

Beyond the Orchard: The Third Circuit Extends Jarkesy’s Article III Limitations to Department of Labor H-2A Enforcement

Date: Jul 31, 2025
Beyond the Orchard: The Third Circuit Extends Jarkesy’s Article III Limitations to Department of Labor H-2A Enforcement Introduction In Sun Valley Orchards LLC v. United States Department of Labor,...
Reinforcing Federal Court Discretion Under the Declaratory Judgment Act in the Face of Conclusory Pleadings and Parallel State Proceedings – Commentary on Michael Miller v. County of Lancaster (3d Cir. 2025)

Reinforcing Federal Court Discretion Under the Declaratory Judgment Act in the Face of Conclusory Pleadings and Parallel State Proceedings – Commentary on Michael Miller v. County of Lancaster (3d Cir. 2025)

Date: Jul 30, 2025
Reinforcing Federal Court Discretion Under the Declaratory Judgment Act in the Face of Conclusory Pleadings and Parallel State Proceedings Commentary on Michael Miller v. County of Lancaster, No....
United States v. Carey: “Prior Sentence” Includes Post-Conviction, Pre-Resentencing Terms & Other Lessons on Limited Remand

United States v. Carey: “Prior Sentence” Includes Post-Conviction, Pre-Resentencing Terms & Other Lessons on Limited Remand

Date: Jul 30, 2025
United States v. Carey: “Prior Sentence” Includes Post-Conviction, Pre-Resentencing Terms & Other Lessons on Limited Remand Introduction United States v. Damon Todd Carey (3d Cir. July 25 2025)...
“No Resurrection by Silence” – Third Circuit Clarifies that a BIA Summary Affirmance Does Not Cure Failure to Exhaust

“No Resurrection by Silence” – Third Circuit Clarifies that a BIA Summary Affirmance Does Not Cure Failure to Exhaust

Date: Jul 30, 2025
“No Resurrection by Silence” – Third Circuit Clarifies that a BIA Summary Affirmance Does Not Cure Failure to Exhaust Introduction In A. G.-G. v. Attorney General United States of America, No....
Gentles v. Borough of Pottstown: Third Circuit Re-Affirms the Limits of Terry Stops Predicated on Anonymous Tips and Clarifies the Treatment of “Self-Serving” Affidavits at Summary Judgment

Gentles v. Borough of Pottstown: Third Circuit Re-Affirms the Limits of Terry Stops Predicated on Anonymous Tips and Clarifies the Treatment of “Self-Serving” Affidavits at Summary Judgment

Date: Jul 30, 2025
Gentles v. Borough of Pottstown: Third Circuit Re-Affirms the Limits of Terry Stops Predicated on Anonymous Tips and Clarifies the Treatment of “Self-Serving” Affidavits at Summary Judgment...
Finality over Frustration: The Third Circuit’s Re-affirmation of Res Judicata and the Limits of Civil-Rights Liability for Private Attorneys

Finality over Frustration: The Third Circuit’s Re-affirmation of Res Judicata and the Limits of Civil-Rights Liability for Private Attorneys

Date: Jul 30, 2025
Finality over Frustration: The Third Circuit’s Re-affirmation of Res Judicata and the Limits of Civil-Rights Liability for Private Attorneys Introduction Thomas I. Gage, a pro se litigant and...
Sentence-Reduction Denials Under § 3582(c)(2) Are Not “Upward Variances”: Commentary on United States v. Julio Suarez (3d Cir. 2025)

Sentence-Reduction Denials Under § 3582(c)(2) Are Not “Upward Variances”: Commentary on United States v. Julio Suarez (3d Cir. 2025)

Date: Jul 30, 2025
Sentence-Reduction Denials Under § 3582(c)(2) Are Not “Upward Variances” A Comprehensive Commentary on United States v. Julio Suarez, 69 F.4th ___ (3d Cir. 2025) 1. Introduction In United States v....
“Personhood Without Piety” – The Third Circuit Affirms RFRA and Free-Exercise Protection for Non-Religious Entities in United States v. Safehouse

“Personhood Without Piety” – The Third Circuit Affirms RFRA and Free-Exercise Protection for Non-Religious Entities in United States v. Safehouse

Date: Jul 30, 2025
“Personhood Without Piety” – The Third Circuit Affirms RFRA and Free-Exercise Protection for Non-Religious Entities in United States v. Safehouse Introduction United States v. Safehouse, No. 24-2027...
United States v. Gregory: Harmless-Error Treatment of § 3553(a)(6) Omissions and Deference to Major Upward Variances for “Mirror-Image” Recidivism

United States v. Gregory: Harmless-Error Treatment of § 3553(a)(6) Omissions and Deference to Major Upward Variances for “Mirror-Image” Recidivism

Date: Jul 25, 2025
United States v. Gregory: Harmless-Error Treatment of § 3553(a)(6) Omissions and Deference to Major Upward Variances for “Mirror-Image” Recidivism Introduction United States v. Antuane Gregory,...
“Specificity Over Abstraction” – The Third Circuit’s Clarification of Clearly-Established Law in Qualified-Immunity Cases (Urda v. Sokso, 2025)

“Specificity Over Abstraction” – The Third Circuit’s Clarification of Clearly-Established Law in Qualified-Immunity Cases (Urda v. Sokso, 2025)

Date: Jul 24, 2025
“Specificity Over Abstraction” – The Third Circuit’s Clarification of Clearly-Established Law in Qualified-Immunity Cases (Adam Urda v. Jeffrey Sokso, 68 F.4th ___, 3d Cir. 2025) 1. Introduction Adam...
“Substance-over-Form” Direct Regulation:  The Third Circuit’s New Functional Test for Intergovernmental Immunity in CoreCivic Inc. v. Governor of New Jersey

“Substance-over-Form” Direct Regulation: The Third Circuit’s New Functional Test for Intergovernmental Immunity in CoreCivic Inc. v. Governor of New Jersey

Date: Jul 24, 2025
“Substance-over-Form” Direct Regulation: The Third Circuit’s New Functional Test for Intergovernmental Immunity in CoreCivic Inc. v. Governor of New Jersey 1. Introduction The United States Court of...
Patel v. Attorney General: Re-affirming the “Severe Harm + Relocation” Threshold in Political-Opinion Asylum Claims

Patel v. Attorney General: Re-affirming the “Severe Harm + Relocation” Threshold in Political-Opinion Asylum Claims

Date: Jul 24, 2025
Patel v. Attorney General: Re-affirming the “Severe Harm + Relocation” Threshold in Political-Opinion Asylum Claims Introduction Diptiben Dipakkumar Patel, her husband, and their minor son petitioned...
Continuous-Diligence Doctrine for Equitable Tolling in Immigration Appeals: A Commentary on Hernandez-Garcia v. Attorney General

Continuous-Diligence Doctrine for Equitable Tolling in Immigration Appeals: A Commentary on Hernandez-Garcia v. Attorney General

Date: Jul 24, 2025
Continuous-Diligence Doctrine for Equitable Tolling in Immigration Appeals Commentary on Rene Hernandez-Garcia v. Attorney General, United States (3d Cir., 22 July 2025) 1. Introduction The Third...
United States v. Cammarata: Defrauded Classes as Singular MVRA Victims and the Boundaries of Appellate Enhancement Without a Government Cross-Appeal

United States v. Cammarata: Defrauded Classes as Singular MVRA Victims and the Boundaries of Appellate Enhancement Without a Government Cross-Appeal

Date: Jul 24, 2025
United States v. Joseph Cammarata (3d Cir. 2025) – Commentary Introduction This Third Circuit decision grows out of a spectacular fraud perpetrated against hundreds of securities-class-action...
Strict Enforcement of Rule-16(b) Deadlines and Redressability of Declaratory Relief after Settlement: A Commentary on CBV Inc. v. ChanBond LLC

Strict Enforcement of Rule-16(b) Deadlines and Redressability of Declaratory Relief after Settlement: A Commentary on CBV Inc. v. ChanBond LLC

Date: Jul 23, 2025
Strict Enforcement of Rule-16(b) Deadlines and Redressability of Declaratory Relief after Settlement: A Commentary on CBV Inc. v. ChanBond LLC (3d Cir. 2025) Introduction The Third Circuit’s...
Specificity in BIA Notices of Appeal: The Third Circuit’s Clarification in Xitamul-Aguin

Specificity in BIA Notices of Appeal: The Third Circuit’s Clarification in Xitamul-Aguin

Date: Jul 23, 2025
Specificity in BIA Notices of Appeal: The Third Circuit’s Clarification in Maynor Xitamul-Aguin v. Attorney General 1. Introduction In Maynor Estuardo Xitamul-Aguin v. Attorney General of the United...
The McCarthy Causal-Link Doctrine: Third Circuit Clarifies Standing Requirements for Challenging DEA ALJ Removal Protections

The McCarthy Causal-Link Doctrine: Third Circuit Clarifies Standing Requirements for Challenging DEA ALJ Removal Protections

Date: Jul 23, 2025
The McCarthy Causal-Link Doctrine: Third Circuit Clarifies Standing Requirements for Challenging DEA ALJ Removal Protections Introduction In Stephen McCarthy v. Drug Enforcement Administration,...
United States v. Clark: The Third Circuit’s Recognition of “Odor-Masking Conduct” as a Stand-Alone Factor Creating Reasonable Suspicion

United States v. Clark: The Third Circuit’s Recognition of “Odor-Masking Conduct” as a Stand-Alone Factor Creating Reasonable Suspicion

Date: Jul 22, 2025
United States v. Clark: The Third Circuit’s Recognition of “Odor-Masking Conduct” as a Stand-Alone Factor Creating Reasonable Suspicion Introduction In United States v. Loren Clark, Jr., No. 24-1892...

    United States v. Guyton: The Third Circuit Adopts Plain-Error Review
    for Unpreserved § 851(b) Omissions and Expands the Definition of
    “Term of Imprisonment” under 21 U.S.C. § 802(58)

United States v. Guyton: The Third Circuit Adopts Plain-Error Review for Unpreserved § 851(b) Omissions and Expands the Definition of “Term of Imprisonment” under 21 U.S.C. § 802(58)

Date: Jul 22, 2025
United States v. Guyton: The Third Circuit Adopts Plain-Error Review for Unpreserved § 851(b) Omissions and Expands the Meaning of “Term of Imprisonment” for Serious-Drug-Felony Enhancements...
Consol Mining v. DOL: Third Circuit Affirms COPD-as-Pneumoconiosis Rule under the 15-Year Presumption

Consol Mining v. DOL: Third Circuit Affirms COPD-as-Pneumoconiosis Rule under the 15-Year Presumption

Date: Jul 12, 2025
Consol Mining v. United States Department of Labor (3d Cir. 2025): COPD Qualifies as Legal Pneumoconiosis Unless Specifically Rebutted Introduction Stanley D. Silk spent thirty-nine years underground...
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