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  • Commentaries
  • Judgments

3d Circuit Case Commentaries

Good-Faith Removal from Medication-Assisted Treatment Does Not, Without Subjective Recklessness or ADA But-For Disability Causation, Create Federal Liability; State Medical-Malpractice Certificate-of-Merit Rules Do Not Apply in Federal Court

Good-Faith Removal from Medication-Assisted Treatment Does Not, Without Subjective Recklessness or ADA But-For Disability Causation, Create Federal Liability; State Medical-Malpractice Certificate-of-Merit Rules Do Not Apply in Federal Court

Date: Apr 4, 2026
Good-Faith Removal from Medication-Assisted Treatment Does Not, Without Subjective Recklessness or ADA But-For Disability Causation, Create Federal Liability; State Medical-Malpractice...
Lloyd v. Commonwealth of Pennsylvania: Summary Judgment Requires Proof of Personal Involvement and a Monell Policy in Police Social-Media Moderation Claims

Lloyd v. Commonwealth of Pennsylvania: Summary Judgment Requires Proof of Personal Involvement and a Monell Policy in Police Social-Media Moderation Claims

Date: Apr 3, 2026
Lloyd v. Commonwealth of Pennsylvania: Summary Judgment Requires Proof of Personal Involvement and a Monell Policy in Police Social-Media Moderation Claims Introduction In Susan Lloyd v. Commonwealth...
Affirming Supervised-Release Conditions Despite No On-the-Record Explanation When a “Viable Basis” Is Apparent

Affirming Supervised-Release Conditions Despite No On-the-Record Explanation When a “Viable Basis” Is Apparent

Date: Apr 2, 2026
Affirming Supervised-Release Conditions Despite No On-the-Record Explanation When a “Viable Basis” Is Apparent I. Introduction United States v. Stacy Gallman (3d Cir. Mar. 26, 2026) is a...
TrueAllele Probabilistic Genotyping Is Admissible Under Daubert Without Source-Code Disclosure (Third Circuit)

TrueAllele Probabilistic Genotyping Is Admissible Under Daubert Without Source-Code Disclosure (Third Circuit)

Date: Apr 2, 2026
TrueAllele Probabilistic Genotyping Is Admissible Under Daubert Without Source-Code Disclosure (Third Circuit) Introduction In United States v. Hunter Ryan Anderson (3d Cir. Mar. 26, 2026), the Third...
Equity Holders Lack Bankruptcy Appellate Standing to Challenge a Trustee Settlement When Any Pecuniary Harm Is Contingent

Equity Holders Lack Bankruptcy Appellate Standing to Challenge a Trustee Settlement When Any Pecuniary Harm Is Contingent

Date: Apr 2, 2026
Equity Holders Lack Bankruptcy Appellate Standing to Challenge a Trustee Settlement When Any Pecuniary Harm Is Contingent Introduction In re: Team Systems International, LLC (3d Cir. Mar. 26, 2026)...
APA Review of Military Records Corrections: “Discernible Path” Reasoning, Unusually Deferential Review, and Prejudice Requirement for Procedural Errors

APA Review of Military Records Corrections: “Discernible Path” Reasoning, Unusually Deferential Review, and Prejudice Requirement for Procedural Errors

Date: Apr 2, 2026
APA Review of Military Records Corrections: “Discernible Path” Reasoning, Unusually Deferential Review, and Prejudice Requirement for Procedural Errors I. Introduction In Christopher Radziewicz v....
Third Circuit: Unverified AI-Generated Citations Breach Competence Duties and Warrant Attorney Discipline

Third Circuit: Unverified AI-Generated Citations Breach Competence Duties and Warrant Attorney Discipline

Date: Apr 2, 2026
Third Circuit: Unverified AI-Generated Citations Breach Competence Duties and Warrant Attorney Discipline I. Introduction Stephen McCarthy v. U.S. Drug Enforcement Administration (3d Cir. Mar. 27,...
§ 2255 Relitigation Bar Blocks Collateral Relief Based on a Favorable Statutory-Interpretation Ruling Previously Offset by Plain-Error Affirmance

§ 2255 Relitigation Bar Blocks Collateral Relief Based on a Favorable Statutory-Interpretation Ruling Previously Offset by Plain-Error Affirmance

Date: Mar 31, 2026
§ 2255 Relitigation Bar Blocks Collateral Relief Based on a Favorable Statutory-Interpretation Ruling Previously Offset by Plain-Error Affirmance Introduction United States v. Mohammed Jabateh (3d...
Pleading Plausible Intentional Discrimination Under Title VI and § 1985(3), and Funding Alone Does Not Create State Action Under § 1983

Pleading Plausible Intentional Discrimination Under Title VI and § 1985(3), and Funding Alone Does Not Create State Action Under § 1983

Date: Mar 30, 2026
Pleading Plausible Intentional Discrimination Under Title VI and § 1985(3), and Funding Alone Does Not Create State Action Under § 1983 Introduction In Phyllis Alston v. Thomas Jefferson University...
United States v. Rembert — Reaffirming Platt-Factor Discretion in Rule 21(b) Transfers and the Non-Suppressibility of Bank Records Produced by Grand Jury Subpoena

United States v. Rembert — Reaffirming Platt-Factor Discretion in Rule 21(b) Transfers and the Non-Suppressibility of Bank Records Produced by Grand Jury Subpoena

Date: Mar 27, 2026
United States v. Rembert: Rule 21(b) Transfer Denials, Grand Jury Subpoenaed Bank Records, and the “Bare Rationality” Sufficiency Standard Introduction In United States v. Carlton Rembert (3d Cir....
Rule 56(e)(2) Admissions and Personal-Involvement Limits in § 1983: Summary Judgment Affirmed When a Pro Se Plaintiff Does Not Properly Oppose

Rule 56(e)(2) Admissions and Personal-Involvement Limits in § 1983: Summary Judgment Affirmed When a Pro Se Plaintiff Does Not Properly Oppose

Date: Mar 27, 2026
Rule 56(e)(2) Admissions and Personal-Involvement Limits in § 1983: Summary Judgment Affirmed When a Pro Se Plaintiff Does Not Properly Oppose 1. Introduction James Glover v. Barry Jacobs (3d Cir....
Jurisdictional Limits on Reviewing Discretionary Cancellation Denials: “Questions of Law” vs. Unreviewable Reweighing and Permissible Record-Based Fact Discussion

Jurisdictional Limits on Reviewing Discretionary Cancellation Denials: “Questions of Law” vs. Unreviewable Reweighing and Permissible Record-Based Fact Discussion

Date: Mar 26, 2026
Jurisdictional Limits on Reviewing Discretionary Cancellation Denials: “Questions of Law” vs. Unreviewable Reweighing and Permissible Record-Based Fact Discussion Introduction In Asiman Sadigov v....
Third Circuit Limits Broad Labor Arbitration Clauses: A Grievance Must Arise from a CBA-Created Right, Not a Prior Award

Third Circuit Limits Broad Labor Arbitration Clauses: A Grievance Must Arise from a CBA-Created Right, Not a Prior Award

Date: Mar 26, 2026
Third Circuit Limits Broad Labor Arbitration Clauses: A Grievance Must Arise from a CBA-Created Right, Not a Prior Award Introduction In International Brotherhood of Electrical Workers, Local Union...
CAFA Preliminary Injunctions Require a Facial Allegation of Minimal Diversity (Citizenship, Not Mere Residency)

CAFA Preliminary Injunctions Require a Facial Allegation of Minimal Diversity (Citizenship, Not Mere Residency)

Date: Mar 25, 2026
CAFA Preliminary Injunctions Require a Facial Allegation of Minimal Diversity (Citizenship, Not Mere Residency) Case: David Hice v. EQT Corp. (No. 25-2729) — United States Court of Appeals for the...
Nonlawyer Trustees Cannot Seek Mandamus for a Trust; Mandamus Is Not a Substitute for Appeal

Nonlawyer Trustees Cannot Seek Mandamus for a Trust; Mandamus Is Not a Substitute for Appeal

Date: Mar 24, 2026
Nonlawyer Trustees Cannot Seek Mandamus for a Trust; Mandamus Is Not a Substitute for Appeal 1. Introduction In re: Sharisse Juanita Filus (3d Cir. Mar. 20, 2026) arises out of a dispute following...
Gang Extortion Threats Are Not “On Account Of” a Protected Ground Without Evidence of Motive, and Unfulfilled Extortion Threats Typically Do Not Meet CAT “Torture”

Gang Extortion Threats Are Not “On Account Of” a Protected Ground Without Evidence of Motive, and Unfulfilled Extortion Threats Typically Do Not Meet CAT “Torture”

Date: Mar 24, 2026
Gang Extortion Threats Are Not “On Account Of” a Protected Ground Without Evidence of Motive, and Unfulfilled Extortion Threats Typically Do Not Meet CAT “Torture” 1. Introduction Case: Christina...
Qualified Immunity Applies Absent Clearly Established Right to Receive Bulk Religious Mailings in Prison

Qualified Immunity Applies Absent Clearly Established Right to Receive Bulk Religious Mailings in Prison

Date: Mar 24, 2026
Qualified Immunity Applies Absent Clearly Established Right to Receive Bulk Religious Mailings in Prison Case: Misael Cordero v. Gregory Kelley (Third Circuit, No. 23-1815) Court: United States Court...
18 U.S.C. § 286 Tax-Refund Conspiracy Categorically “Involves Fraud or Deceit” Under INA § 1101(a)(43)(M)(i), with Loss Proven Circumstance-Specifically via Indictment and Restitution

18 U.S.C. § 286 Tax-Refund Conspiracy Categorically “Involves Fraud or Deceit” Under INA § 1101(a)(43)(M)(i), with Loss Proven Circumstance-Specifically via Indictment and Restitution

Date: Mar 24, 2026
18 U.S.C. § 286 Tax-Refund Conspiracy Categorically “Involves Fraud or Deceit” Under INA § 1101(a)(43)(M)(i), with Loss Proven Circumstance-Specifically via Indictment and Restitution Agyei Tabi v....
Reasonable Suspicion from Corroborated Anonymous Tip and Waistband-to-Car Toss; Handcuffing as Safety Measure; Plain-View Firearm Establishes Probable Cause

Reasonable Suspicion from Corroborated Anonymous Tip and Waistband-to-Car Toss; Handcuffing as Safety Measure; Plain-View Firearm Establishes Probable Cause

Date: Mar 24, 2026
Reasonable Suspicion from Corroborated Anonymous Tip and Waistband-to-Car Toss; Handcuffing as Safety Measure; Plain-View Firearm Establishes Probable Cause 1. Introduction United States v. Steven...
Fair Valuation of Disputed (Noncontingent) Litigation Claims in Preference Solvency: Post-Transfer Judgments and Settlements May Inform Value

Fair Valuation of Disputed (Noncontingent) Litigation Claims in Preference Solvency: Post-Transfer Judgments and Settlements May Inform Value

Date: Mar 19, 2026
Fair Valuation of Disputed (Noncontingent) Litigation Claims in Preference Solvency: Post-Transfer Judgments and Settlements May Inform Value 1. Introduction In re: ALLONHILL, LLC (3d Cir. Mar. 16,...
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