Affirmance on Alternative Grounds: Legitimate Penological Safety Reasons Defeat PREA-Based Retaliation and Related Claims at Summary Judgment Introduction Ronald Alonzo v. Joe Terra (3d Cir. Aug. 5,...
Equitable Tolling Requires Concrete Diligence in EEOC Filings; Ethnic “Food/Language” Remarks Alone May Not Meet § 1981 Hostile-Environment Threshold 1. Introduction In Raymond Rodriguez v. Loyal...
Third Circuit: Even Where Rooker-Feldman/Younger May Not Dispose of a § 1983 Challenge to Family-Court Conduct, Immunities and § 1983 Merits Defects Require Dismissal—and Official-Capacity...
Mandamus Denied Absent Undue Delay: Administrative Termination and Rule 17(c) Case-Management Disputes Must Be Litigated in the District Court Case: In re: Jayden Martin (Petitioners: Jayden Martin &...
Ambiguous Mistrial Record Cannot Overcome AEDPA Deference to a State Finding that the Defense Requested the Mistrial 1. Introduction In Stanford Williams v. Superintendent Fayette SCI (3d Cir. July...
Third Circuit: § 1983 Challenges to Family-Court Proceedings Fail Absent State Action and Overcoming Judicial/Sovereign Immunity; Official-Capacity Sovereign-Immunity Dismissals Must Be Without...
Express Testing-Method Specifications Control: “85% Fatty Acids GC” Does Not Imply an Additional Purity/Non‑Adulteration Warranty 1. Introduction In Jiaherb Inc v. MTC Industries Inc (3d Cir. July...
Online “Readily Available” Coverage Selection Forms and E-Signatures Satisfy New Jersey Coverage-Selection Requirements (Third Circuit, Nonprecedential) Case: Alemah McMillian v. Geico Indemnity Co....
“Young Women in Guatemala” Is Not a Cognizable Particular Social Group Absent Record Evidence of Social Distinction Case: Elodia Jimenez Diaz v. Attorney General United States of America (3d Cir....
Dismissal for Lack of Personal Jurisdiction Must Be Without Prejudice (and Merits Should Not Be Reached Absent Jurisdiction) 1. Introduction In John Gordon v. Greg Gordon (3d Cir. July 21, 2026) (not...
Diversity Cured by Dropping a Nondiverse Party; Contractual One-Year Suit Limitation Enforced; § 8371 Bad Faith Requires Clear-and-Convincing Proof 1. Introduction Terrence Colbert v. Allstate...
Third Circuit Requires Causation-Grade Statistical Proof (Not Mere Correlation) to Establish Predominance in Pharmaceutical-Fraud RICO TPP Classes; Confirms Issue-Limiting Authority in Rule 23(f)...
Third Circuit: Ordinary Rule 8 Plausibility Governs Title IX Discipline Claims, and Universities Cannot Evade Title IX by Recasting Sexualized Violence as “Personal Safety” Charges I. Introduction In...
Corrected-Affidavit Probable Cause and Objectively Reasonable Execution of Overbroad Premises Warrants in Multi-Unit Searches 1. Introduction In Krystal Underwood v. Camden County Office of the...
“Affirmative Written Communication” Means What It Says: No Patent-Enforcement Standing for a Licensee Absent an Express Election Under Delaware Contract Law Case: Ecolab Inc v. SC Johnson...
Third Circuit: Fraud Reports to Law Enforcement Are Absolutely Privileged and Do Not Create Specific Personal Jurisdiction; Personal-Jurisdiction Dismissals Must Be Without Prejudice I. Introduction...
Receipt of Child Pornography Under 18 U.S.C. § 2252A(a)(2)(A) Categorically Constitutes a CIMT Because Post–Free Speech Coalition Prosecutions Require Images of Actual Minors Case: Jean Buteau...
Sworn SSDI Inability-to-Work Statements and Contemporaneous Medical Restrictions Can Defeat “Qualified Individual” Status Under the Rehabilitation Act Despite a Later Light-Duty Note 1. Introduction...
Receipt of Child Pornography Under 18 U.S.C. § 2252A(a)(2)(A) Is Categorically a CIMT Because Conviction Requires Images of Actual Children Introduction In Jean Buteau Remarque v. Attorney General...
Limited Undertaking, Limited Duty: Vendor Pump Training Does Not Create a General Workplace-Safety Duty Under Restatement § 324A Case: Savannah Byers v. Finishing Systems Inc (remaining claims...