Third Circuit: No Duty to Accommodate or Provide FMLA Leave Without Clear, Timely Notice—Disability Laws Do Not Excuse Misconduct I. Introduction In Cheryl Hileman v. West Penn Allegheny Health...
Confirmed Plan Bars Post-Effective-Date Revocation of Expedited Distribution Elections 1. Introduction This Third Circuit decision arises out of the Boy Scouts of America and Delaware BSA, LLC...
Ordinance-Authorized Municipal Revenue Pledges Are Consensual (Not Statutory) Liens; Pennsylvania Gaming “Local Share” Payments Are Fees (Not Special Excise Taxes) in Chapter 9 I. Introduction Case:...
Nuanced Training Gaps in Multi-Unit Warrant Execution Do Not Support Single-Incident Monell Liability Absent a Pattern 1. Introduction In Felishatay Alvarado v. City of Philadelphia (3d Cir. July 17,...
Confirmed Plan Elections Are Irrevocable: Claimants Cannot Rescind an Expedited Distribution Choice Without an Impermissible Plan Modification 1. Introduction This Third Circuit decision arises from...
Countrywide “Women” PSG Requires a Record-Based Unifying Targeting Characteristic; Generalized Gender Violence Is Not Enough Nonprecedential disposition: The Third Circuit designated this opinion...
Ordinance-Authorized Municipal Revenue Pledges Are Consensual (Not Statutory) Liens, and Pennsylvania Gaming “Operation Fees” Are Not “Special Excise Taxes” in Chapter 9 1. Introduction In re: City...
Third Circuit En Banc: De Facto Bans on Commonly Used Semi-Automatic Rifles and >10-Round Magazines Violate the Second Amendment Case: Association of New Jersey Rifle and Pistol Clubs I v. Attorney...
Third Circuit (en banc): Common-Use Addressed at Bruen Step Two; New Jersey’s De Facto Bans on Semi-Automatic Rifles and >10-Round Magazines Unconstitutional I. Introduction In Association of New...
Bruen Step-Two “Common Use” and the Unconstitutionality of De Facto Bans on Semi-Automatic Rifles and >10-Round Magazines Case: Association of New Jersey Rifle and Pistol Clubs I v. Attorney General...
Title VII Retaliation Requires Complaints Tied to Protected-Class Discrimination; Repeated § 1915 Pleading Failures Justify Dismissal With Prejudice Introduction In Kerian Pelenah v. University of...
Anti-Assignment Clauses with Payment Carve-Outs Confer ERISA Standing to Sue for Nonpayment; Chargemaster “Normal Charges” Are Plausibly Pleaded at the Motion-to-Dismiss Stage 1. Introduction In...
Sua Sponte Statute-of-Limitations Dismissal Is Improper When Equitable Tolling May Apply and the Prisoner Lacked Notice and a Chance to Respond Introduction In Anthony Dowell v. Laurel Harry (3d Cir....
Extending a Completed Traffic Stop Requires Independent Reasonable Suspicion; a Passenger’s Hesitation to Give a Last Name Is Not Enough Introduction In United States v. Alan Dorsey (3d Cir. July 17,...
Receivers May Modify Self-Dealing Lease Terms Despite Attornment Clauses; Conclusory “Lender Breach” Allegations Do Not Vacate Default 1. Introduction ICON PSG 1 FL, LLC v. Jenkins Court Realty Co.,...
USSG § 3B1.1(c) in Money-Laundering Sentencing: Oversight of Non-Indicted Participants Supports Role Enhancement Introduction In United States v. Gordon Johnson (3d Cir. July 15, 2026)...
Regulatory-Compliance Clauses Do Not Extinguish “Just Cause”: Third Circuit Reaffirms Extreme Deference to Labor Arbitrators and Bars Judicial Factfinding 1. Introduction In McGuire Memorial v....
Divisibility of N.J. Stat. Ann. § 2C:35-5 by Drug Type and the Noncitizen’s Burden When the Conviction Record Is Inconclusive 1. Introduction In Faheem Tariq v. Attorney General United States of...
Pleading “Normal Charges” Tied to FAIR Health Percentiles Suffices for ERISA MRC-1 Underpayment Claims; Providers Lack Fiduciary-Duty Standing Absent a Personal Right to the Challenged Plan Assets I....
Direction Alone Is Insufficient to Treat a Membership Organization and Its Local Club as a Single Employer Under Title VII’s Nesbit Parent–Subsidiary Test Introduction In Maura Jenkins v. Harrisburg...