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  • Commentaries
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3d Circuit Case Commentaries

Neutral Laws with Discretionary Exemptions Trigger Strict Scrutiny & Robust Title VII Accommodation Standards

Neutral Laws with Discretionary Exemptions Trigger Strict Scrutiny & Robust Title VII Accommodation Standards

Date: May 31, 2025
Neutral Laws with Discretionary Exemptions Trigger Strict Scrutiny & Robust Title VII Accommodation Standards Introduction In Alexander Smith v. City of Atlantic City, 3rd Cir. No. 23-3265 (May 30,...
Third Circuit Clarifies Title IX Zone-of-Interests for Non-Student, Non-Employee Plaintiffs

Third Circuit Clarifies Title IX Zone-of-Interests for Non-Student, Non-Employee Plaintiffs

Date: May 30, 2025
Third Circuit Clarifies Title IX Zone-of-Interests for Non-Student, Non-Employee Plaintiffs Introduction In Jennifer Oldham v. Penn State University, 22-2056 (3d Cir. May 29, 2025), the Third Circuit...
Clarifying Statutes of Limitations and Tolling in Federal Civil Rights Actions: Tice v. Wilson

Clarifying Statutes of Limitations and Tolling in Federal Civil Rights Actions: Tice v. Wilson

Date: May 30, 2025
Clarifying Statutes of Limitations and Tolling in Federal Civil Rights Actions: Tice v. Wilson Introduction James Robert Tice, proceeding pro se, filed a sprawling 600-page civil rights and related...
United States v. Outlaw: Requiring Particularized Probable Cause from Marijuana Odor

United States v. Outlaw: Requiring Particularized Probable Cause from Marijuana Odor

Date: May 29, 2025
United States v. Outlaw: Requiring Particularized Probable Cause from Marijuana Odor Introduction In United States v. Abdul Outlaw (3d Cir. May 28, 2025), the Third Circuit Court of Appeals clarified...
Dismissal of Repetitive In Forma Pauperis Civil Rights Suits as Malicious under 28 U.S.C. §1915(e)(2)(B)(i): Hall v. Nisbet

Dismissal of Repetitive In Forma Pauperis Civil Rights Suits as Malicious under 28 U.S.C. §1915(e)(2)(B)(i): Hall v. Nisbet

Date: May 24, 2025
Dismissal of Repetitive In Forma Pauperis Civil Rights Suits as Malicious under 28 U.S.C. §1915(e)(2)(B)(i) Introduction Christopher R. Hall, a Pennsylvania state‐prison inmate, appeals the District...
Statute of Limitations and Immunity Shields in Civil Rights Actions: Sexton v. New Jersey Department of Corrections

Statute of Limitations and Immunity Shields in Civil Rights Actions: Sexton v. New Jersey Department of Corrections

Date: May 24, 2025
Statute of Limitations and Immunity Shields in Civil Rights Actions: Sexton v. New Jersey Department of Corrections Introduction Carmen A. Sexton v. New Jersey Department of Corrections, decided May...
Clarifying Pleading Standards for Age Discrimination, Breach of Contract, and Trespass to Chattels Claims in the Third Circuit

Clarifying Pleading Standards for Age Discrimination, Breach of Contract, and Trespass to Chattels Claims in the Third Circuit

Date: May 16, 2025
Clarifying Pleading Standards for Age Discrimination, Breach of Contract, and Trespass to Chattels Claims in the Third Circuit Introduction This commentary examines the Third Circuit’s May 15, 2025...
Clarifying Federal Removal Jurisdiction: Limits on Federal‐Question and Diversity Removal in Foreclosure Actions

Clarifying Federal Removal Jurisdiction: Limits on Federal‐Question and Diversity Removal in Foreclosure Actions

Date: May 16, 2025
Clarifying Federal Removal Jurisdiction: Limits on Federal‐Question and Diversity Removal in Foreclosure Actions Introduction In M&T Bank v. Chryssoula Arsenis, the United States Court of Appeals for...
Clarification of the “Unable-or-Unwilling-to-Control” Test in Private-Actor Persecution Asylum Claims

Clarification of the “Unable-or-Unwilling-to-Control” Test in Private-Actor Persecution Asylum Claims

Date: May 16, 2025
Clarification of the “Unable-or-Unwilling-to-Control” Test in Private-Actor Persecution Asylum Claims 1. Introduction Ingrid Cisneros Martinez, a Peruvian national, petitioned the United States Court...
Limits on Employer’s Neutral Reference Obligations and Post-Deadline Amendments in Resignation Agreement Litigation

Limits on Employer’s Neutral Reference Obligations and Post-Deadline Amendments in Resignation Agreement Litigation

Date: May 15, 2025
Limits on Employer’s Neutral Reference Obligations and Post-Deadline Amendments in Resignation Agreement Litigation Introduction This commentary examines the Third Circuit’s decision in Keith Cauley...
Restricting Federal Review of State Court Judgments: Rooker‐Feldman and State‐Actor Boundaries in Civil Rights Litigation

Restricting Federal Review of State Court Judgments: Rooker‐Feldman and State‐Actor Boundaries in Civil Rights Litigation

Date: May 15, 2025
Restricting Federal Review of State Court Judgments: Rooker‐Feldman and State‐Actor Boundaries in Civil Rights Litigation Introduction The appeal in Swenson I v. Vedder (3d Cir. No. 24-2652, 2025)...
Clarifying “Some Harm” as an Adverse Employment Action Under the ADEA: McCrorey v. City of Philadelphia

Clarifying “Some Harm” as an Adverse Employment Action Under the ADEA: McCrorey v. City of Philadelphia

Date: May 15, 2025
Clarifying “Some Harm” as an Adverse Employment Action Under the ADEA: McCrorey v. City of Philadelphia Introduction John McCrorey, a 61-year-old lieutenant in the Philadelphia Police Department’s...
Bankruptcy Appeal Limits: §363(m) Statutory Mootness and Non-Consensual Third-Party Releases

Bankruptcy Appeal Limits: §363(m) Statutory Mootness and Non-Consensual Third-Party Releases

Date: May 14, 2025
Bankruptcy Appeal Limits: §363(m) Statutory Mootness and Non-Consensual Third-Party Releases Introduction This commentary examines the Third Circuit’s May 13, 2025 decision in In re Boy Scouts of...
Statutory Finality of §363(b) Sales and Limits on Third-Party Release Appeals in In re Boy Scouts of America

Statutory Finality of §363(b) Sales and Limits on Third-Party Release Appeals in In re Boy Scouts of America

Date: May 14, 2025
Statutory Finality of §363(b) Sales and Limits on Third-Party Release Appeals in In re Boy Scouts of America Introduction The Third Circuit’s May 13, 2025 decision in In re Boy Scouts of America and...
Statutory Mootness Under § 363(m) and the Limits on Nonconsensual Third-Party Releases in Chapter 11 Plans

Statutory Mootness Under § 363(m) and the Limits on Nonconsensual Third-Party Releases in Chapter 11 Plans

Date: May 14, 2025
Statutory Mootness Under § 363(m) and the Limits on Nonconsensual Third-Party Releases in Chapter 11 Plans Introduction In In re Boy Scouts of America & Delaware BSA LLC (3d Cir. May 13, 2025), the...
Permissible Use of Deadly Force Against a Threatening Vehicle

Permissible Use of Deadly Force Against a Threatening Vehicle

Date: May 14, 2025
Permissible Use of Deadly Force Against a Threatening Vehicle Introduction In Jessica Servais v. John Caccia, 23-2565 (3d Cir. May 13, 2025), the Third Circuit addressed whether a law enforcement...
Section 363(m) Bars Late-Stage Challenges to Chapter 11 Asset Sales: The Boy Scouts Precedent

Section 363(m) Bars Late-Stage Challenges to Chapter 11 Asset Sales: The Boy Scouts Precedent

Date: May 14, 2025
Section 363(m) Bars Late-Stage Challenges to Chapter 11 Asset Sales: The Boy Scouts Precedent Introduction In a landmark decision issued May 13, 2025, the United States Court of Appeals for the Third...
In re Boy Scouts of America – Statutory Mootness Shields § 363(b) Sales

In re Boy Scouts of America – Statutory Mootness Shields § 363(b) Sales

Date: May 14, 2025
In re Boy Scouts of America – Statutory Mootness Shields § 363(b) Sales Introduction In this consolidated appeal arising from the Third Circuit’s decision in In re Boy Scouts of America and Delaware...
Statutory Mootness Under 11 U.S.C. § 363(m) Bars Post-Confirmation Attacks on Non-Consensual Third-Party Releases

Statutory Mootness Under 11 U.S.C. § 363(m) Bars Post-Confirmation Attacks on Non-Consensual Third-Party Releases

Date: May 14, 2025
Statutory Mootness Under 11 U.S.C. § 363(m) Bars Post-Confirmation Attacks on Non-Consensual Third-Party Releases Introduction In In re Boy Scouts of America and Delaware BSA, LLC, the Third Circuit...
Statutory and Equitable Mootness under Section 363(m): Insulating Chapter 11 Plan Sales from Appeal and the Limits on Third-Party Releases

Statutory and Equitable Mootness under Section 363(m): Insulating Chapter 11 Plan Sales from Appeal and the Limits on Third-Party Releases

Date: May 14, 2025
Statutory and Equitable Mootness under Section 363(m): Insulating Chapter 11 Plan Sales from Appeal and the Limits on Third-Party Releases Introduction In In re Boy Scouts of America and Delaware...
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