3d Circuit Case Commentaries

MHPA Participation Alone Does Not Make a Private Hospital a Title II “Public Entity,” and Due Process Property Claims Fail Absent a State-Actor Deprivation

Date: Apr 23, 2026

MHPA Participation Alone Does Not Make a Private Hospital a Title II “Public Entity,” and Due Process Property Claims Fail Absent a State-Actor Deprivation 1. Introduction In Susan Kerr v. County of...

Untimely BIA Appeals and Gang-Recruitment PSGs: Particularity/Social-Distinction Limits and CAT Acquiescence Proof Requirements

Date: Apr 21, 2026

Untimely BIA Appeals and Gang-Recruitment PSGs: Particularity/Social-Distinction Limits and CAT Acquiescence Proof Requirements 1. Introduction Case: Melvin Mendoza-Perez v. Attorney General United...

Pleading Gender-Stereotyping Under Title IX: Conclusory “Not Masculine Enough” Allegations Do Not Plausibly Allege Same-Sex Peer Harassment “On the Basis of Sex”

Date: Apr 21, 2026

Pleading Gender-Stereotyping Under Title IX: Conclusory “Not Masculine Enough” Allegations Do Not Plausibly Allege Same-Sex Peer Harassment “On the Basis of Sex” Case: Isaiah Humphries v....

No Post-Deadline Doe Substitution Without a Rule 6(b)(1)(B) Motion and a Finding of Excusable Neglect

Date: Apr 20, 2026

No Post-Deadline Doe Substitution Without a Rule 6(b)(1)(B) Motion and a Finding of Excusable Neglect 1. Introduction Kenneth J. Konias, Jr. v. David Druskin, PA-C, et al. is a prisoner civil-rights...

NJLAD Summary Judgment: No Pretext Without Evidence, No Retaliation Without Decisionmaker Knowledge, and No Aiding-and-Abetting Without an Underlying Violation

Date: Apr 20, 2026

NJLAD Summary Judgment: No Pretext Without Evidence, No Retaliation Without Decisionmaker Knowledge, and No Aiding-and-Abetting Without an Underlying Violation Introduction Mary Crawford v. Sandra...

Jurisdiction Must Be Pleaded—and Jurisdictional Dismissals Must Be Without Prejudice

Date: Apr 20, 2026

Jurisdiction Must Be Pleaded—and Jurisdictional Dismissals Must Be Without Prejudice Introduction In Sungsuk Kim v. Unlimited Settlement Services (3d Cir. Apr. 16, 2026) (not precedential), the Third...

Narrowly Tailored Pre-Filing Injunctions After Vexatious, Rule 8–Deficient Filings (Tajimier v. Montclair State University)

Date: Apr 20, 2026

Narrowly Tailored Pre-Filing Injunctions After Vexatious, Rule 8–Deficient Filings Introduction In Tajimier v. Montclair State University (3d Cir. Apr. 16, 2026) (not precedential), the United States...

Private Hospital COVID-19 Vaccine Mandates Are Not State Action; EUA Statute Creates No Private Right of Action

Date: Apr 20, 2026

Private Hospital COVID-19 Vaccine Mandates Are Not State Action; EUA Statute Creates No Private Right of Action Introduction In Beth Boyd v. Shriners Hospitals for Children (3d Cir. Apr. 14, 2026)...

Third Circuit: No Preliminary Injunction for Contract Breach Absent Non-Speculative, Practically Unquantifiable Harm—Market-Share Loss in Biologics Is Not Per Se Irreparable

Date: Apr 20, 2026

Third Circuit: No Preliminary Injunction for Contract Breach Absent Non-Speculative, Practically Unquantifiable Harm—Market-Share Loss in Biologics Is Not Per Se Irreparable 1. Introduction In...

Accomplice Liability Does Not Defeat “Crime of Violence” Status for Pennsylvania § 2702(a)(4) Under the Career-Offender Elements Clause

Date: Apr 20, 2026

Accomplice Liability Does Not Defeat “Crime of Violence” Status for Pennsylvania § 2702(a)(4) Under the Career-Offender Elements Clause Introduction In United States v. Brock Cochran (3d Cir. Apr....

Bankruptcy Plan Third-Party Releases Bar Continued Prosecution Against Prison Medical Vendors; No Eighth Amendment Right to DAADs Absent Chronic (Detectable) HCV

Date: Apr 16, 2026

Bankruptcy Plan Third-Party Releases Bar Continued Prosecution Against Prison Medical Vendors; No Eighth Amendment Right to DAADs Absent Chronic (Detectable) HCV Introduction In Karlester Young v....

Plain-Error Allocution Claims: Judicial Interruptions Are Not “Plain” Rule 32 Violations Absent Clear Curtailment of the Defendant’s Opportunity to Speak

Date: Apr 16, 2026

Plain-Error Allocution Claims: Judicial Interruptions Are Not “Plain” Rule 32 Violations Absent Clear Curtailment of the Defendant’s Opportunity to Speak I. Introduction United States v. Fuquan Hill...

Third Circuit: Publishing Standards as “the Law” (Including Non‑Mandatory Context) Is Transformative Fair Use Despite a For‑Profit Platform

Date: Apr 10, 2026

Third Circuit: Publishing Standards as “the Law” (Including Non‑Mandatory Context) Is Transformative Fair Use Despite a For‑Profit Platform I. Introduction American Society for Testing and Materials...

Third Circuit Affirms § 7201 Tax Evasion Convictions: Intrinsic Fraud-Income Proof, No Constructive Amendment, and No Brady “Suppression” Where Discovery Was Produced to Counsel

Date: Apr 10, 2026

Third Circuit Affirms § 7201 Tax Easion Convictions: Intrinsic Fraud-Income Proof, No Constructive Amendment, and No Brady “Suppression” Where Discovery Was Produced to Counsel I. Introduction United...

CAT Relief Denials Sustained Where Torture Theories Are Record-Bound, Not Compelled by Evidence, and “Aggregation” Extends Only to Presented Sources of Harm

Date: Apr 9, 2026

CAT Relief Denials Sustained Where Torture Theories Are Record-Bound, Not Compelled by Evidence, and “Aggregation” Extends Only to Presented Sources of Harm 1. Introduction Her Tou Yang v. Attorney...

IDEA Stay-Put: An Order to Develop an IEP Is Not a New “Educational Placement” When No IEP Exists

Date: Apr 9, 2026

IDEA Stay-Put: An Order to Develop an IEP Is Not a New “Educational Placement” When No IEP Exists Case: Y. C. Q. v. Chichester School District Court: Court of Appeals for the Third Circuit Date:...

CEA Exclusive Jurisdiction Preempts State Gambling Bans as Applied to CFTC-Licensed DCM Sports Event Contracts

Date: Apr 8, 2026

CEA Exclusive Jurisdiction Preempts State Gambling Bans as Applied to CFTC-Licensed DCM Sports Event Contracts Case: Kalshiex LLC v. Mary Jo Flaherty (3d Cir. Apr. 6, 2026) | Posture: Appeal from...

Exhaustion and Issue-Preservation Rule for Particular Social Group (PSG) Theories in Asylum Appeals

Date: Apr 4, 2026

Exhaustion and Issue-Preservation Rule for Particular Social Group (PSG) Theories in Asylum Appeals 1. Introduction In Miryam Soler-Martinez v. Attorney General United States of America (3d Cir. Apr....

Internal Policy Disputes by Public-Employee Union Leaders Are Not, Without More, Protected First Amendment Speech (Third Circuit, Nonprecedential)

Date: Apr 4, 2026

Internal Policy Disputes by Public-Employee Union Leaders Are Not, Without More, Protected First Amendment Speech (Third Circuit, Nonprecedential) 1. Introduction In Reuven Lyak v. City of Hackensack...

Third Circuit: “Is or Was” in Special-Rule (Battered Child) Cancellation Turns on Abuser’s Status by Adjudication, Not at Time of Abuse

Date: Apr 4, 2026

Third Circuit: “Is or Was” in Special-Rule (Battered Child) Cancellation Turns on Abuser’s Status by Adjudication, Not at Time of Abuse 1. Introduction In Samuel Cardenas v. Attorney General United...

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