3d Circuit Case Commentaries

United States v. Rohan Lyttle: A General Rule 29 Motion Does Not Preserve a Specific Foreseeability Challenge; Large Credit-Card Purchases Can Satisfy Wire-Fraud Foreseeability

Date: Mar 19, 2026

United States v. Rohan Lyttle: A General Rule 29 Motion Does Not Preserve a Specific Foreseeability Challenge; Large Credit-Card Purchases Can Satisfy Wire-Fraud Foreseeability Introduction In United...

Foreclosure-Related Federal Claims Barred by Rooker-Feldman and New Jersey’s Entire Controversy Doctrine; Undeveloped Appellate Issues Are Forfeited

Date: Mar 15, 2026

Foreclosure-Related Federal Claims Barred by Rooker-Feldman and New Jersey’s Entire Controversy Doctrine; Undeveloped Appellate Issues Are Forfeited Case: Catherine Lin-Hendel v. Linton Turner, No....

Extensive Treatment and Contextualized Statements Defeat Deliberate-Indifference and Retaliation Inferences at Summary Judgment

Date: Mar 15, 2026

Extensive Treatment and Contextualized Statements Defeat Deliberate-Indifference and Retaliation Inferences at Summary Judgment Case: Glavin Ivy v. Wellpath (No. 23-2516) Court: United States Court...

Federal Habeas Evidentiary Hearing Required When State Court Denies Hearing by Deeming Allegations Meritless Even if True (Pinholster/Fooks Exception)

Date: Mar 15, 2026

Federal Habeas Evidentiary Hearing Required When State Court Denies Hearing by Deeming Allegations Meritless Even if True (Pinholster/Fooks Exception) 1. Introduction Case: Keith Whitmore v....

Federal Defenses and “Expatriation” Cannot Support Removal of State Foreclosure/Ejectment; Municipalities Count for Diversity

Date: Mar 14, 2026

Federal Defenses and “Expatriation” Cannot Support Removal of State Foreclosure/Ejectment; Municipalities Count for Diversity Introduction City of Philadelphia v. Kevin Hand is a non-precedential...

Police-Promotion Retaliation Claims Require Expressive Association or Known, Causally Prior Protected Speech

Date: Mar 13, 2026

Police-Promotion Retaliation Claims Require Expressive Association or Known, Causally Prior Protected Speech I. Introduction In Guido Bussinelli v. Township of Mahwah (3d Cir. Mar. 11, 2026) (not...

Evasive Flight Near an Abandoned Crash Creates Reasonable Suspicion; Control Strikes to Expose Hands Are Reasonable Amid Active Resistance

Date: Mar 13, 2026

Evasive Flight Near an Abandoned Crash Creates Reasonable Suspicion; Control Strikes to Expose Hands Are Reasonable Amid Active Resistance 1. Introduction In Michael Kaplon v. Morris Township Police...

Extortion Threats Without a Protected-Ground Nexus Do Not Support Asylum; Unexhausted CAT Claims Are Unreviewable When the Government Invokes Exhaustion

Date: Mar 13, 2026

Extortion Threats Without a Protected-Ground Nexus Do Not Support Asylum; Unexhausted CAT Claims Are Unreviewable When the Government Invokes Exhaustion 1. Introduction In Carlos Marcos Salas v....

Paid Civil Expert Testimony Does Not Create a Pennsylvania Public-Policy Wrongful-Discharge Claim; ADA Claims Fail Absent Pretext or Ability to Work

Date: Mar 13, 2026

Paid Civil Expert Testimony Does Not Create a Pennsylvania Public-Policy Wrongful-Discharge Claim; ADA Claims Fail Absent Pretext or Ability to Work 1. Introduction J'Amy Kluender v. United States...

Third Circuit Clarifies When “Intent to Distribute” Is “Sufficiently in Dispute” to Require a Lesser-Included Simple-Possession Instruction

Date: Mar 13, 2026

Third Circuit Clarifies When “Intent to Distribute” Is “Sufficiently in Dispute” to Require a Lesser-Included Simple-Possession Instruction Introduction In United States v. Carlos Gascot Concepcion...

Marijuana Odor, Safety-Related Stop Measures, and Flight as Probable Cause for Vehicle-and-Container Searches; Sentencing Appeal Waivers Enforced Despite Judicial Encouragement

Date: Mar 12, 2026

Marijuana Odor, Safety-Related Stop Measures, and Flight as Probable Cause for Vehicle-and-Container Searches; Sentencing Appeal Waivers Enforced Despite Judicial Encouragement I. Introduction In...

Enforcing Appellate Waivers in Anders Appeals: De Novo Validity Review, Miscarriage-of-Justice Limitation, and Affirmance (Not Dismissal)

Date: Mar 12, 2026

Enforcing Appellate Waivers in Anders Appeals: De Novo Validity Review, Miscarriage-of-Justice Limitation, and Affirmance (Not Dismissal) Introduction United States v. Dayakar Mallu (3d Cir. Mar. 9,...

Confirming Arbitration Awards in Law-Firm Dissolution Disputes: Strict Vacatur Limits, No “Manifest Disregard” Without Clearly Governing Law, and Enforcing Mediation-First Clauses

Date: Mar 12, 2026

Confirming Arbitration Awards in Law-Firm Dissolution Disputes: Strict Vacatur Limits, No “Manifest Disregard” Without Clearly Governing Law, and Enforcing Mediation-First Clauses Introduction In...

Rule 37 Exclusion for Untimely Expert Reports: Related Litigation Does Not Revive Expired Scheduling Deadlines

Date: Mar 12, 2026

Rule 37 Exclusion for Untimely Expert Reports: Related Litigation Does Not Revive Expired Scheduling Deadlines Introduction In Lakeview Pharmacy of Racine, Inc. v. Catamaran Corporation (3d Cir. Mar....

Speculation, “Young Fresh Faces” Remarks, and Pandemic-Era Hiring Modifications Are Insufficient to Show ADEA/PHRA Pretext Under Fuentes

Date: Mar 9, 2026

Speculation, “Young Fresh Faces” Remarks, and Pandemic-Era Hiring Modifications Are Insufficient to Show ADEA/PHRA Pretext Under Fuentes Case: Theresa A. Gallagher v. Central Valley School District...

Ames-Driven Abolition of New Jersey’s “Background Circumstances” Burden in NJLAD Reverse-Discrimination Claims

Date: Mar 9, 2026

Ames-Driven Abolition of New Jersey’s “Background Circumstances” Burden in NJLAD Reverse-Discrimination Claims Case: Christopher Massey v. Borough of Bergenfield Court: U.S. Court of Appeals for the...

Prior Successful Internal Relocation Rebuttal (and Harmless-Error Review) in Domestic-Violence Asylum and CAT Claims

Date: Mar 9, 2026

Prior Successful Internal Relocation Rebuttal (and Harmless-Error Review) in Domestic-Violence Asylum and CAT Claims Case: Mierna Chilel-Chilel v. Attorney General United States of America (3d Cir....

Notice-and-Opportunity Permits Sua Sponte Guidelines Enhancements; False Submissions to Pretrial/Probation Constitute Obstruction and Support Restitution When PSR Is Undisputed

Date: Mar 8, 2026

Notice-and-Opportunity Permits Sua Sponte Guidelines Enhancements; False Submissions to Pretrial/Probation Constitute Obstruction and Support Restitution When PSR Is Undisputed 1. Introduction United...

Different Degrees-of-Murder Outcomes for Codefendants Do Not, Without More, Prove Inconsistent Prosecutorial Theories (and Thus Do Not Establish Strickland Deficiency)

Date: Mar 8, 2026

Different Degrees-of-Murder Outcomes for Codefendants Do Not, Without More, Prove Inconsistent Prosecutorial Theories (and Thus Do Not Establish Strickland Deficiency) Introduction In Jose Mendez v....

Discriminatory Intent (Not Disparate Impact) Governs Title VI and Pa. Const. Art. I § 29 Challenges to Charter-Closure Tools; School Closures Do Not Alone Implicate Pennsylvania’s Education Clause

Date: Mar 8, 2026

Discriminatory Intent (Not Disparate Impact) Governs Title VI and Pa. Const. Art. I § 29 Challenges to Charter-Closure Tools; School Closures Do Not Alone Implicate Pennsylvania’s Education Clause...

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