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  • Commentaries
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3d Circuit Case Commentaries

Affirming Consumer-Level Limitation-of-Liability Clauses: Commentary on Marie Lamb v. CVS Pharmacy LLC

Affirming Consumer-Level Limitation-of-Liability Clauses: Commentary on Marie Lamb v. CVS Pharmacy LLC

Date: Jun 18, 2025
Affirming Consumer-Level Limitation-of-Liability Clauses: Marie Lamb v. CVS Pharmacy LLC (3d Cir. 2025) Introduction In Marie Lamb v. CVS Pharmacy LLC, the United States Court of Appeals for the...
Gorrio v. Francis: Third Circuit Declares Blanket Discovery Bans Unlawful but Requires Prejudice for Relief

Gorrio v. Francis: Third Circuit Declares Blanket Discovery Bans Unlawful but Requires Prejudice for Relief

Date: Jun 18, 2025
Gorrio v. Francis: Third Circuit Declares Blanket Discovery Bans Unlawful but Requires Prejudice for Relief 1. Introduction In Michael Gorrio v. Francis, No. 24-1711 (3d Cir. 2025), the United States...
Voluntary Procurement Is Not Enough: Third Circuit Narrows the “Acting-Under” Doctrine for Federal-Officer Removal

Voluntary Procurement Is Not Enough: Third Circuit Narrows the “Acting-Under” Doctrine for Federal-Officer Removal

Date: Jun 18, 2025
Voluntary Procurement Is Not Enough: Third Circuit Narrows the “Acting-Under” Doctrine for Federal-Officer Removal (Commentary on Attorney General of New Jersey v. Dow Chemical Co., 3d Cir., 11 June...

        The Ngambo Clarification: Rejecting CCPA-Based Nationwide Jurisdiction and Re-affirming
        RICO’s “Ends-of-Justice” Prerequisite in the Third Circuit

The Ngambo Clarification: Rejecting CCPA-Based Nationwide Jurisdiction and Re-affirming RICO’s “Ends-of-Justice” Prerequisite in the Third Circuit

Date: Jun 18, 2025
The Ngambo Clarification: Rejecting CCPA-Based Nationwide Jurisdiction and Re-affirming RICO’s “Ends-of-Justice” Prerequisite in the Third Circuit Introduction Case: Jules Ngambo v. New York State...
“You Cannot Hide Behind Your Own Alias” – United States v. Marte and the Limits of §1326(d) Collateral Attacks

“You Cannot Hide Behind Your Own Alias” – United States v. Marte and the Limits of §1326(d) Collateral Attacks

Date: Jun 11, 2025
“You Cannot Hide Behind Your Own Alias” – United States v. Marte and the Limits of §1326(d) Collateral Attacks I. Introduction United States v. Jose Miguel Marte, No. 24-1540 (3d Cir. June 9, 2025)...
No Liberty Interest in Short-Term Restricted Housing & No Private Right of Action under Criminal Statutes – A Comment on Andrews v. Pennsylvania DOC

No Liberty Interest in Short-Term Restricted Housing & No Private Right of Action under Criminal Statutes – A Comment on Andrews v. Pennsylvania DOC

Date: Jun 11, 2025
No Liberty Interest in Short-Term Restricted Housing and the Futility of Implied Private Rights of Action: Commentary on Daniel Andrews, Sr. v. Pennsylvania Department of Corrections (3d Cir. 2025)...
Clarifying the Preclusive Effect of State-Confirmed Tenure Arbitration Awards on Subsequent Federal Title VII Claims – A Commentary on Janicki v. Washington Township Board of Education

Clarifying the Preclusive Effect of State-Confirmed Tenure Arbitration Awards on Subsequent Federal Title VII Claims – A Commentary on Janicki v. Washington Township Board of Education

Date: Jun 11, 2025
Clarifying the Preclusive Effect of State-Confirmed Tenure Arbitration Awards on Subsequent Federal Title VII Claims – A Commentary on Gregory Janicki v. Washington Township Board of Education...
Clarifying Ascertainability and Consumer Remedies in “Short‐Change” Class Actions

Clarifying Ascertainability and Consumer Remedies in “Short‐Change” Class Actions

Date: Jun 10, 2025
Clarifying Ascertainability and Consumer Remedies in “Short-Change” Class Actions Introduction In Bridget McMahon and James Rice v. Chipotle Mexican Grill, Inc., Nos. 24-1883 & 24-2042 (3d Cir. June...
Clarifying Ascertainability in Rule 23(b)(3) Class Actions: Objective Criteria and Feasible Identification Mechanisms

Clarifying Ascertainability in Rule 23(b)(3) Class Actions: Objective Criteria and Feasible Identification Mechanisms

Date: Jun 10, 2025
Clarifying Ascertainability in Rule 23(b)(3) Class Actions: Objective Criteria and Feasible Identification Mechanisms Introduction The Third Circuit’s decision in Bridget McMahon v. Chipotle Mexican...
Reaffirming the 90-Day Filing Deadline: Limited Equitable Tolling for ADA Actions Filed Pro Se

Reaffirming the 90-Day Filing Deadline: Limited Equitable Tolling for ADA Actions Filed Pro Se

Date: Jun 10, 2025
Reaffirming the 90-Day Filing Deadline: Limited Equitable Tolling for ADA Actions Filed Pro Se Introduction In Judy Percival v. Kelley Zimmerman, the United States Court of Appeals for the Third...
Non-Party Immunity from Arbitration Awards: Third Circuit Upholds Permanent Injunction in Trustees v. Patterson

Non-Party Immunity from Arbitration Awards: Third Circuit Upholds Permanent Injunction in Trustees v. Patterson

Date: Jun 10, 2025
Non-Party Immunity from Arbitration Awards: Third Circuit Upholds Permanent Injunction in Trustees v. Patterson Introduction Trustees of the General Assembly of the Church of the Lord Jesus Christ of...
Clarifying Mitigating Role Adjustments Under USSG §3B1.2: Distinction Between Minor and Minimal Participants

Clarifying Mitigating Role Adjustments Under USSG §3B1.2: Distinction Between Minor and Minimal Participants

Date: Jun 10, 2025
Clarifying Mitigating Role Adjustments Under USSG §3B1.2: Distinction Between Minor and Minimal Participants Introduction United States v. Ricky Sanchez (3d Cir. 2025) addresses the distinction...
Definitive Scope Requirement for Final § 1782 Discovery Orders

Definitive Scope Requirement for Final § 1782 Discovery Orders

Date: Jun 10, 2025
Definitive Scope Requirement for Final § 1782 Discovery Orders Introduction In Amgen Inc. v. Celltrion USA Inc., the Third Circuit addressed a threshold jurisdictional question under 28 U.S.C. §...
Limiting Public Employee First Amendment Retaliation: Public Concern and Employer Knowledge Requirements

Limiting Public Employee First Amendment Retaliation: Public Concern and Employer Knowledge Requirements

Date: Jun 10, 2025
Limiting Public Employee First Amendment Retaliation: Public Concern and Employer Knowledge Requirements Introduction Nancy E. Lewen v. Pennsylvania Soldiers and Sailors Home presented the Third...
Preservation of Expert-Testimony Objections and Batson Affiliation Strikes: Third Circuit’s Clarification in United States v. Hamlet, Phillips & Manley

Preservation of Expert-Testimony Objections and Batson Affiliation Strikes: Third Circuit’s Clarification in United States v. Hamlet, Phillips & Manley

Date: Jun 10, 2025
Preservation of Expert-Testimony Objections and Batson Affiliation Strikes: Third Circuit’s Clarification in United States v. Hamlet, Phillips & Manley Introduction United States v. Corey Hamlet,...
Defining Waiver of Daubert Challenges and Batson Affiliation Strikes – United States v. Corey Hamlet

Defining Waiver of Daubert Challenges and Batson Affiliation Strikes – United States v. Corey Hamlet

Date: Jun 10, 2025
Defining Waiver of Daubert Challenges and Batson Affiliation Strikes United States v. Corey Hamlet Introduction United States v. Corey Hamlet (3d Cir. 2025) is a consolidated appeal from convictions...
Clarifying Waiver of Evidentiary Objections and Batson’s Affiliation-Based Challenges: United States v. Tony Phillips

Clarifying Waiver of Evidentiary Objections and Batson’s Affiliation-Based Challenges: United States v. Tony Phillips

Date: Jun 10, 2025
Clarifying Waiver of Evidentiary Objections and Batson’s Affiliation-Based Challenges: United States v. Tony Phillips Introduction United States v. Tony Phillips (3d Cir. June 4, 2025) arose from a...
Establishing the Threshold for “Extraordinary Circumstances” Under Younger Abstention in Federal Challenges to Ongoing State Criminal Proceedings

Establishing the Threshold for “Extraordinary Circumstances” Under Younger Abstention in Federal Challenges to Ongoing State Criminal Proceedings

Date: Jun 3, 2025
Establishing the Threshold for “Extraordinary Circumstances” Under Younger Abstention in Federal Challenges to Ongoing State Criminal Proceedings Introduction This commentary examines the Third...
Clarifying the Scope of Aggravated Identity Theft Post-Dubin: United States v. Jason Weigand

Clarifying the Scope of Aggravated Identity Theft Post-Dubin: United States v. Jason Weigand

Date: Jun 3, 2025
Clarifying the Scope of Aggravated Identity Theft Post-Dubin: United States v. Jason Weigand Introduction This commentary examines the Third Circuit’s decision in United States v. Jason C. Weigand,...
Affirmation of “At the Crux” Misuse Standard in Aggravated Identity Theft under 18 U.S.C. §1028A

Affirmation of “At the Crux” Misuse Standard in Aggravated Identity Theft under 18 U.S.C. §1028A

Date: Jun 3, 2025
Affirmation of “At the Crux” Misuse Standard in Aggravated Identity Theft under 18 U.S.C. §1028A Introduction United States v. Jason C. Weigand is a consolidated appeal from the Third Circuit Court...
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