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  • Commentaries
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3d Circuit Case Commentaries

Post-Removal Settlement Offers Do Not Defeat Diversity Jurisdiction – A Commentary on Sergei Kovalev v. WalMart Inc. (3d Cir. 2025)

Post-Removal Settlement Offers Do Not Defeat Diversity Jurisdiction – A Commentary on Sergei Kovalev v. WalMart Inc. (3d Cir. 2025)

Date: Jun 27, 2025
Post-Removal Settlement Offers Do Not Defeat Diversity Jurisdiction: In-Depth Commentary on Sergei Kovalev v. WalMart Inc. (3d Cir. 2025) 1. Introduction The United States Court of Appeals for the...
“No Party, No Standing” – The Third Circuit’s Clarification on Contractual Standing for County Election Boards

“No Party, No Standing” – The Third Circuit’s Clarification on Contractual Standing for County Election Boards

Date: Jun 25, 2025
“No Party, No Standing” – The Third Circuit’s Clarification on Contractual Standing for County Election Boards Introduction Fulton County v. Dominion Voting Systems Inc. (3d Cir. No. 24-2771, 23 June...

The “Holistic-Meyers” Revival and a Refined Wright-Line Remand: A Commentary on Miller Plastic Products Inc v. NLRB

The “Holistic-Meyers” Revival and a Refined Wright-Line Remand: A Commentary on Miller Plastic Products Inc v. NLRB

Date: Jun 25, 2025
The “Holistic-Meyers” Revival and a Refined Wright-Line Remand: Commentary on Miller Plastic Products Inc v. NLRB (3d Cir. 2025) 1. Introduction On 23 June 2025, the United States Court of Appeals...
“Beyond the Alstate Checklist” — The Third Circuit Re-embraces a Holistic Test for Concerted Activity after Loper Bright (Commentary on NLRB v. Miller Plastic Products Inc.)

“Beyond the Alstate Checklist” — The Third Circuit Re-embraces a Holistic Test for Concerted Activity after Loper Bright (Commentary on NLRB v. Miller Plastic Products Inc.)

Date: Jun 25, 2025
“Beyond the Alstate Checklist” — The Third Circuit Re-embraces a Holistic Test for Concerted Activity after Loper Bright Commentary on NLRB v. Miller Plastic Products Inc., 2025 1. Introduction...
When Consideration Fails: Third Circuit Recognises Rescission of Settlement Agreements Where a Dependent Covenant Is Breached

When Consideration Fails: Third Circuit Recognises Rescission of Settlement Agreements Where a Dependent Covenant Is Breached

Date: Jun 25, 2025
When Consideration Fails: Third Circuit Recognises Rescission of Settlement Agreements Where a Dependent Covenant Is Breached 1. Introduction Point Blank Protective Apparel & Uniforms LLC (“Point...
Third Circuit Reaffirms “No Fundamental Right to Refuse a COVID-19 Vaccine in Public Employment” – Commentary on Cuttler v. Allegheny County

Third Circuit Reaffirms “No Fundamental Right to Refuse a COVID-19 Vaccine in Public Employment” – Commentary on Cuttler v. Allegheny County

Date: Jun 23, 2025
Third Circuit Reaffirms “No Fundamental Right to Refuse a COVID-19 Vaccine in Public Employment” – Commentary on Cuttler v. Allegheny County (3d Cir. 2025) 1. Introduction Jeffrey L. Cuttler, a...
From Zoning Grievance to Constitutional Claim: The Third Circuit Re-frames the “Conscience-Shocking” Test in Routine Land-Use Disputes

From Zoning Grievance to Constitutional Claim: The Third Circuit Re-frames the “Conscience-Shocking” Test in Routine Land-Use Disputes

Date: Jun 20, 2025
From Zoning Grievance to Constitutional Claim: The Third Circuit Re-frames the “Conscience-Shocking” Test in Routine Land-Use Disputes 1. Introduction John Seitz IV and his company, Hickory Hill...
Crandall v. McDonough: Confirming that District Courts Lack Jurisdiction over Stand-Alone Whistleblower Protection Act Claims

Crandall v. McDonough: Confirming that District Courts Lack Jurisdiction over Stand-Alone Whistleblower Protection Act Claims

Date: Jun 20, 2025
Crandall v. McDonough: Confirming that District Courts Lack Jurisdiction over Stand-Alone Whistleblower Protection Act Claims 1. Introduction In Kenneth Crandall v. Denis McDonough, the United States...
Clarifying the Evidentiary Threshold for “Exceptional and Extremely Unusual Hardship” Post-Wilkinson – Commentary on Luis Tubon Guangatal v. Attorney General (3d Cir. 2025)

Clarifying the Evidentiary Threshold for “Exceptional and Extremely Unusual Hardship” Post-Wilkinson – Commentary on Luis Tubon Guangatal v. Attorney General (3d Cir. 2025)

Date: Jun 20, 2025
Clarifying the Evidentiary Threshold for “Exceptional and Extremely Unusual Hardship” Post-Wilkinson Commentary on Luis Tubon Guangatal v. Attorney General (3d Cir. 2025) 1. Introduction The Third...
“Too Soon for Immunity” –  Third Circuit Clarifies that Qualified-Immunity Motions to Dismiss Must Fail When the Complaint States a Plausible Constitutional Violation but Lacks Facts to Assess “Clearly Established” Law

“Too Soon for Immunity” – Third Circuit Clarifies that Qualified-Immunity Motions to Dismiss Must Fail When the Complaint States a Plausible Constitutional Violation but Lacks Facts to Assess “Clearly Established” Law

Date: Jun 20, 2025
“Too Soon for Immunity” – Third Circuit Clarifies that Qualified-Immunity Motions to Dismiss Must Fail When the Complaint States a Plausible Constitutional Violation but Lacks Facts to Assess...
“Public-Domain Discovery” Starts the Clock: Commentary on TransPerfect Holdings LLC v. Robert Pincus (3d Cir. 2025)

“Public-Domain Discovery” Starts the Clock: Commentary on TransPerfect Holdings LLC v. Robert Pincus (3d Cir. 2025)

Date: Jun 20, 2025
“Public-Domain Discovery” Starts the Clock: Commentary on TransPerfect Holdings LLC v. Robert Pincus (3d Cir. 2025) 1. Introduction The United States Court of Appeals for the Third Circuit, in an...
No Fee, No Appeal: The Third Circuit Re-Affirms Strict Compliance with BIA Filing Requirements in De La Cruz-Leonardo v. Attorney General (2025)

No Fee, No Appeal: The Third Circuit Re-Affirms Strict Compliance with BIA Filing Requirements in De La Cruz-Leonardo v. Attorney General (2025)

Date: Jun 20, 2025
No Fee, No Appeal: The Third Circuit Re-Affirms Strict Compliance with BIA Filing Requirements in De La Cruz-Leonardo v. Attorney General (2025) 1. Introduction Luis Ramon De La Cruz-Leonardo, a...
The Primacy of Rule 12’s “Good-Cause” Standard over Rule 52(b) Plain–Error Review: A Commentary on United States v. Anthony Jones (3d Cir. 2025)

The Primacy of Rule 12’s “Good-Cause” Standard over Rule 52(b) Plain–Error Review: A Commentary on United States v. Anthony Jones (3d Cir. 2025)

Date: Jun 20, 2025
The Primacy of Rule 12’s “Good-Cause” Standard over Rule 52(b) Plain–Error Review Commentary on United States v. Anthony Jones, No. 22-2064 (3d Cir. June 16, 2025) 1. Introduction In United States v....
Forfeiture of Unraised Issues and Judicial Authority to Enjoin Vexatious Litigants – Commentary on Justin De La Cruz Martinez v. Commonwealth of Westmoreland County

Forfeiture of Unraised Issues and Judicial Authority to Enjoin Vexatious Litigants – Commentary on Justin De La Cruz Martinez v. Commonwealth of Westmoreland County

Date: Jun 18, 2025
Forfeiture of Unraised Issues and Judicial Authority to Enjoin Vexatious Litigants: A Commentary on Justin De La Cruz Martinez v. Commonwealth of Westmoreland County 1. Introduction In a...
Martinez v. Westmoreland Courts: Re-affirming Standards for Vexatious-Litigant Injunctions and Judicial Recusal

Martinez v. Westmoreland Courts: Re-affirming Standards for Vexatious-Litigant Injunctions and Judicial Recusal

Date: Jun 18, 2025
Martinez v. Westmoreland Courts: Re-affirming Standards for Vexatious-Litigant Injunctions and Judicial Recusal Introduction Justin Juan De La Cruz Martinez, a prolific pro se litigant, filed seven...
Martinez v. Obarto (3d Cir. 2025): Reinforcing Objective Standards for Judicial Recusal and Vexatious-Litigant Injunctions

Martinez v. Obarto (3d Cir. 2025): Reinforcing Objective Standards for Judicial Recusal and Vexatious-Litigant Injunctions

Date: Jun 18, 2025
Martinez v. Obarto (3d Cir. 2025): Reinforcing Objective Standards for Judicial Recusal and Vexatious-Litigant Injunctions I. Introduction The consolidated appeal Justin Juan De la Cruz Martinez v....
Martinez v. Westmoreland County et al.: Third Circuit Reaffirms Forfeiture Doctrine and High Bar for Judicial Recusal & Vexatious-Litigant Designations

Martinez v. Westmoreland County et al.: Third Circuit Reaffirms Forfeiture Doctrine and High Bar for Judicial Recusal & Vexatious-Litigant Designations

Date: Jun 18, 2025
Martinez v. Westmoreland County et al. Third Circuit Reaffirms Forfeiture Doctrine and High Bar for Judicial Recusal & Vexatious-Litigant Designations Introduction Justin Juan De La Cruz Martinez, a...
Martinez v. Supreme Court of Pennsylvania: Re-affirming Standards for Vexatious-Litigant Injunctions and Judicial Recusal

Martinez v. Supreme Court of Pennsylvania: Re-affirming Standards for Vexatious-Litigant Injunctions and Judicial Recusal

Date: Jun 18, 2025
Martinez v. Supreme Court of Pennsylvania: Re-affirming Standards for Vexatious-Litigant Injunctions and Judicial Recusal 1. Introduction The consolidated appeal of Justin Juan De La Cruz Martinez v....

        “Unfounded Allegations Do Not Compel Recusal” – Third Circuit Commentary on 
        Justin De La Cruz Martinez v. United States District Court for the Western District of Pennsylvania

“Unfounded Allegations Do Not Compel Recusal” – Third Circuit Commentary on Justin De La Cruz Martinez v. United States District Court for the Western District of Pennsylvania

Date: Jun 18, 2025
“Unfounded Allegations Do Not Compel Recusal” – Third Circuit Commentary on Justin De La Cruz Martinez v. United States District Court for the Western District of Pennsylvania 1. Introduction In a...
“Adverse Rulings ≠ Bias” – The Third Circuit Re-Affirms Strict Standards for Judicial Recusal and Endorses Robust District‐Court Power to Curb Vexatious Litigation

“Adverse Rulings ≠ Bias” – The Third Circuit Re-Affirms Strict Standards for Judicial Recusal and Endorses Robust District‐Court Power to Curb Vexatious Litigation

Date: Jun 18, 2025
“Adverse Rulings ≠ Bias” – The Third Circuit Re-Affirms Strict Standards for Judicial Recusal and Endorses Robust District‐Court Power to Curb Vexatious Litigation Introduction The consolidated...
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