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  • Commentaries
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3d Circuit Case Commentaries

Third Circuit Opens the Door to Judicial Review of “Good Moral Character” Findings in Cancellation-of-Removal Cases

Third Circuit Opens the Door to Judicial Review of “Good Moral Character” Findings in Cancellation-of-Removal Cases

Date: Aug 19, 2025
Third Circuit Opens the Door to Judicial Review of “Good Moral Character” Findings in Cancellation-of-Removal Cases Introduction Josue Roman Sanchez v. Attorney General marks a pivotal moment in U.S....
“Diligence or Dismissal” – Third Circuit Re-affirms Strict Equitable-Tolling Standards and Post-Niz-Chavez NTA Challenges in Brown v. Attorney General (2025)

“Diligence or Dismissal” – Third Circuit Re-affirms Strict Equitable-Tolling Standards and Post-Niz-Chavez NTA Challenges in Brown v. Attorney General (2025)

Date: Aug 19, 2025
“Diligence or Dismissal” – Third Circuit Re-affirms Strict Equitable-Tolling Standards and Post-Niz-Chavez NTA Challenges in Brown v. Attorney General (3d Cir. 2025) 1. Introduction The Third...
“Former Hearing” Means the Last IJ Hearing: Third Circuit Clarifies the Temporal Test for “New” Evidence in Motions to Reopen

“Former Hearing” Means the Last IJ Hearing: Third Circuit Clarifies the Temporal Test for “New” Evidence in Motions to Reopen

Date: Aug 19, 2025
“Former Hearing” Means the Last IJ Hearing: Third Circuit Clarifies the Temporal Test for “New” Evidence in Motions to Reopen Introduction Jose Efrain Suchite-Salguero, a Guatemalan national,...
“Notice-and-Opportunity” Rule in § 3582(c)(2) Proceedings: A Detailed Commentary on United States v. Paul Harmon (3d Cir. 2025)

“Notice-and-Opportunity” Rule in § 3582(c)(2) Proceedings: A Detailed Commentary on United States v. Paul Harmon (3d Cir. 2025)

Date: Aug 19, 2025
“Notice-and-Opportunity” Requirement Applies to § 3582(c)(2) Motions: Commentary on United States v. Harmon, 83 F.4th 101 (3d Cir. 2025) I. Introduction This commentary unpacks the Third Circuit’s...
Clarifying the Evidentiary Burden for Asserting Lawful Permanent Resident Status in Removal Proceedings – Commentary on Dynza Mackey v. Attorney General (3d Cir. 2025)

Clarifying the Evidentiary Burden for Asserting Lawful Permanent Resident Status in Removal Proceedings – Commentary on Dynza Mackey v. Attorney General (3d Cir. 2025)

Date: Aug 18, 2025
Clarifying the Evidentiary Burden for Asserting Lawful Permanent Resident Status in Removal Proceedings – Commentary on Dynza Mackey v. Attorney General of the United States (3d Cir. 2025) 1....
“Taylor Post-Shinn Doctrine” – The Third Circuit Narrows Rule 60(b)(6) Habeas Relief and Clarifies ‘Reasonable Time’ Post-Martinez

“Taylor Post-Shinn Doctrine” – The Third Circuit Narrows Rule 60(b)(6) Habeas Relief and Clarifies ‘Reasonable Time’ Post-Martinez

Date: Aug 18, 2025
“Taylor Post-Shinn Doctrine” – The Third Circuit Narrows Rule 60(b)(6) Habeas Relief and Clarifies ‘Reasonable Time’ Post-Martinez Introduction In Paul Gamboa Taylor v. Commissioner of Pennsylvania...
Muniz v. United States (3d Cir. 2025): The Administrative-Remedy Bar to New Bivens Actions

Muniz v. United States (3d Cir. 2025): The Administrative-Remedy Bar to New Bivens Actions

Date: Aug 18, 2025
Muniz v. United States (3d Cir. 2025): The Administrative-Remedy Bar to New Bivens Actions 1. Introduction Rolando Muniz, a federal inmate, sought damages after an allegedly avoidable toe amputation...
Azer Scientific v. Quidel: Third Circuit Confirms that Definitive E-Mail Exchanges Can Form Binding Contracts under Pennsylvania Law

Azer Scientific v. Quidel: Third Circuit Confirms that Definitive E-Mail Exchanges Can Form Binding Contracts under Pennsylvania Law

Date: Aug 15, 2025
Azer Scientific v. Quidel: Third Circuit Confirms that Definitive E-Mail Exchanges Can Form Binding Contracts under Pennsylvania Law Introduction The Third Circuit’s decision in Azer Scientific LLC...
“Follow the Form, or Be Formed into the Class” – The Third Circuit Abandons the “Reasonable-Indication” Opt-Out Theory in Perrigo Institutional Investor Group v. Papa

“Follow the Form, or Be Formed into the Class” – The Third Circuit Abandons the “Reasonable-Indication” Opt-Out Theory in Perrigo Institutional Investor Group v. Papa

Date: Aug 15, 2025
“Follow the Form, or Be Formed into the Class” – Third Circuit Rejects the “Reasonable Indication” Opt-Out Standard under Rule 23 1. Introduction Perrigo Institutional Investor Group v. Papa, No....
United States v. Brown: Flight Equals Abandonment — A Passenger’s Loss of Standing to Challenge a Subsequent Vehicle Search

United States v. Brown: Flight Equals Abandonment — A Passenger’s Loss of Standing to Challenge a Subsequent Vehicle Search

Date: Aug 15, 2025
United States v. Brown: Flight Equals Abandonment — A Passenger’s Loss of Standing to Challenge a Subsequent Vehicle Search Introduction United States v. Tylee Brown (3d Cir. Aug. 12, 2025) addresses...
“Post-Supervision Exhaustion” – Third Circuit Affirms that Completion of State Supervision Automatically Satisfies § 2254 Exhaustion Even After District-Court Dismissal

“Post-Supervision Exhaustion” – Third Circuit Affirms that Completion of State Supervision Automatically Satisfies § 2254 Exhaustion Even After District-Court Dismissal

Date: Aug 15, 2025
“Post-Supervision Exhaustion” – Third Circuit Affirms that Completion of State Supervision Automatically Satisfies § 2254 Exhaustion Even After District-Court Dismissal I. Introduction Vamsidhar...
United States v. Dobbin: Third Circuit Authorizes Use of Non-Shepard Records to Prove the Fact—Though Not the Nature—of Prior Convictions in Career-Offender Sentencing

United States v. Dobbin: Third Circuit Authorizes Use of Non-Shepard Records to Prove the Fact—Though Not the Nature—of Prior Convictions in Career-Offender Sentencing

Date: Aug 14, 2025
United States v. Dobbin: Third Circuit Authorizes Use of Non-Shepard Records to Prove the Fact—Though Not the Nature—of Prior Convictions in Career-Offender Sentencing Introduction United States v....
Intrinsic-vs-404(b) Evidence Clarified: Commentary on United States v. Elijah Hakim (3d Cir. 2025)

Intrinsic-vs-404(b) Evidence Clarified: Commentary on United States v. Elijah Hakim (3d Cir. 2025)

Date: Aug 13, 2025
Intrinsic-vs-404(b) Evidence Clarified: United States v. Elijah Hakim (3d Cir. 2025) Introduction United States v. Elijah Hakim, No. 23-1713, decided 8 August 2025 by the Court of Appeals for the...
“Mouse-Clicks, Not Private Facts” – Third Circuit Declares Non-Personal Session-Replay Tracking Insufficient for Article III Standing

“Mouse-Clicks, Not Private Facts” – Third Circuit Declares Non-Personal Session-Replay Tracking Insufficient for Article III Standing

Date: Aug 13, 2025
“Mouse-Clicks, Not Private Facts” – Third Circuit Declares Non-Personal Session-Replay Tracking Insufficient for Article III Standing 1. Introduction In Amber Cook v. GameStop Inc., the United States...
Affirming the Threshold for Access-to-Courts Injury and Other Prisoner-Civil-Rights Limits: A Commentary on Jones v. Harry (3d Cir. 2025)

Affirming the Threshold for Access-to-Courts Injury and Other Prisoner-Civil-Rights Limits: A Commentary on Jones v. Harry (3d Cir. 2025)

Date: Aug 13, 2025
Affirming the Threshold for Access-to-Courts Injury and Other Prisoner-Civil-Rights Limits: A Commentary on Jones v. Harry (3d Cir. 2025) 1. Introduction Background. In James Jones v. Harry, an...
Collateral-Order Review of “Favorable Termination” in Malicious-Prosecution Immunity Appeals: Commentary on Marcus Boone v. City of Elizabeth

Collateral-Order Review of “Favorable Termination” in Malicious-Prosecution Immunity Appeals: Commentary on Marcus Boone v. City of Elizabeth

Date: Aug 13, 2025
Collateral-Order Review of “Favorable Termination” in Malicious-Prosecution Immunity Appeals Commentary on Marcus Boone v. City of Elizabeth, 69 F.4th ___ (3d Cir. 2025) I. Introduction The Third...
Boone v. City of Elizabeth: Limiting Interlocutory Appeals and Re-defining “Favorable Termination” after Thompson v. Clark

Boone v. City of Elizabeth: Limiting Interlocutory Appeals and Re-defining “Favorable Termination” after Thompson v. Clark

Date: Aug 13, 2025
Boone v. City of Elizabeth: Limiting Interlocutory Appeals and Re-defining “Favorable Termination” after Thompson v. Clark 1. Introduction In Marcus Boone v. City of Elizabeth, the United States...
Third Circuit Re-Affirms Stringent Comparator Standard for “Class-of-One” Equal Protection Claims During Municipal Code Enforcement

Third Circuit Re-Affirms Stringent Comparator Standard for “Class-of-One” Equal Protection Claims During Municipal Code Enforcement

Date: Aug 13, 2025
Third Circuit Re-Affirms Stringent Comparator Standard for “Class-of-One” Equal Protection Claims During Municipal Code Enforcement Charles Jaramillo et al. v. City of Coatesville et al., United...
“Treasury-Centric” Sovereign Immunity: The Third Circuit’s New Emphasis on Financial Impact in Tribal Arm-of-the-Tribe Analysis

“Treasury-Centric” Sovereign Immunity: The Third Circuit’s New Emphasis on Financial Impact in Tribal Arm-of-the-Tribe Analysis

Date: Aug 6, 2025
“Treasury-Centric” Sovereign Immunity: The Third Circuit’s New Emphasis on Financial Impact in Tribal Arm-of-the-Tribe Analysis Introduction In Rashonna Ransom v. GreatPlains Finance LLC, the United...
Evergreen Clauses Trump the One-Employee Unit Rule: Third Circuit Fortifies § 9(a) Collective-Bargaining Agreements

Evergreen Clauses Trump the One-Employee Unit Rule: Third Circuit Fortifies § 9(a) Collective-Bargaining Agreements

Date: Aug 6, 2025
Evergreen Clauses Trump the One-Employee Unit Rule: Third Circuit Fortifies § 9(a) Collective-Bargaining Agreements Introduction Case: Brian Trematore Plumbing & Heating Co., Inc. v. Sheet Metal...
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