3d Circuit Case Commentaries

Third Circuit Holds FLSA § 216(b) Does Not Bar Release of Unasserted FLSA Claims in Rule 23 Opt‑Out Settlements

Date: Oct 18, 2025

Third Circuit Holds FLSA § 216(b) Does Not Bar Release of Unasserted FLSA Claims in Rule 23 Opt‑Out Settlements Case: Graham Lundeen v. 10 West Ferry Street Operations LLC d/b/a Logan Inn, No....

Willful Blindness Can Establish Scienter—But Not Here: Third Circuit Tightens Pleading for 10b‑5 Opinion, Diligence, and Omission Claims in Handal v. Innovative Industrial Properties

Date: Oct 18, 2025

Willful Blindness Can Establish Scienter—But Not Here: Third Circuit Tightens Pleading for 10b‑5 Opinion, Diligence, and Omission Claims in Handal v. Innovative Industrial Properties Introduction...

Full Faith and Credit to State Arbitrability Orders: Third Circuit Holds Pennsylvania Orders Compelling Arbitration Preclude Duplicative Federal Suits, and Federal Repackaging (RICO/Mail Fraud) Does Not Avoid Claim Preclusion

Date: Oct 18, 2025

Full Faith and Credit to State Arbitrability Orders: Third Circuit Holds Pennsylvania Orders Compelling Arbitration Preclude Duplicative Federal Suits, and Federal Repackaging (RICO/Mail Fraud) Does...

Reasonable-and-Realistic Time to Obtain Counsel: Third Circuit Vacates Removal Order Where IJ Denied Final Continuance Without Notice or Express Waiver

Date: Oct 18, 2025

Reasonable-and-Realistic Time to Obtain Counsel: Third Circuit Vacates Removal Order Where IJ Denied Final Continuance Without Notice or Express Waiver Introduction In Miguel Robles Corcuera v....

Guideline Invariance Does Not Defeat Plea-Bargaining Prejudice: Third Circuit Requires § 2255 Hearing on Alleged “Career Offender” Misadvice

Date: Oct 17, 2025

Guideline Invariance Does Not Defeat Plea-Bargaining Prejudice: Third Circuit Requires § 2255 Hearing on Alleged “Career Offender” Misadvice Introduction In United States v. Reginald Stephens, the...

No Relitigation Injunction for Post‑Complaint Conduct: Third Circuit Limits Claim and Issue Preclusion Under the Anti‑Injunction Act

Date: Oct 16, 2025

No Relitigation Injunction for Post‑Complaint Conduct: Third Circuit Limits Claim and Issue Preclusion Under the Anti‑Injunction Act Introduction In Erie Indemnity Co. v. Troy Stephenson, the U.S....

Mistaken Drug Identity Does Not Limit Guideline Accountability; Returning Contraband Is “Distribution” — United States v. Pope (3d Cir. 2025)

Date: Oct 16, 2025

Mistaken Drug Identity Does Not Limit Guideline Accountability; Returning Contraband Is “Distribution” Case: United States v. Andrew Pope, No. 24-1989 (3d Cir. Oct. 14, 2025) — Not Precedential...

No Constitutional Limit on Congress’s Venue Choices for High‑Seas Crimes: Third Circuit Upholds MDLEA’s “Any District” Clause and Affirms Denial of Pretrial Venue Hearing

Date: Oct 16, 2025

No Constitutional Limit on Congress’s Venue Choices for High‑Seas Crimes: Third Circuit Upholds MDLEA’s “Any District” Clause and Affirms Denial of Pretrial Venue Hearing Introduction In United...

“Substitution-Only” Means Substitution-Only: Third Circuit Reaffirms Dillon in Amendment 821 Resentencings and Denies Banks-Based and Medical Compassionate Release Relief

Date: Oct 16, 2025

“Substitution-Only” Means Substitution-Only: Third Circuit Reaffirms Dillon in Amendment 821 Resentencings and Denies Banks-Based and Medical Compassionate Release Relief Introduction In United...

Relabeling Benefits as “Equity” Won’t Save a § 502(a)(3) Claim; § 105(a) Statements Need Not Include Vesting Date for Terminated Participants

Date: Oct 16, 2025

Relabeling Benefits as “Equity” Won’t Save a § 502(a)(3) Claim; § 105(a) Statements Need Not Include Vesting Date for Terminated Participants Court: United States Court of Appeals for the Third...

Proximity Is Not Probable Cause: The Third Circuit Affirms a Nexus Requirement for Warrantless Automobile Searches When Contraband Departs in a One-Way Transfer

Date: Oct 11, 2025

Proximity Is Not Probable Cause: The Third Circuit Affirms a Nexus Requirement for Warrantless Automobile Searches When Contraband Departs in a One-Way Transfer Introduction In United States v. Diaz...

Proration Compelled: Third Circuit Holds First Step Act’s “for each year” Requires Pro-Rated Good-Conduct Time for Partial-Year Sentences

Date: Oct 10, 2025

Proration Compelled: Third Circuit Holds First Step Act’s “for each year” Requires Pro-Rated Good-Conduct Time for Partial-Year Sentences Introduction In a precedential opinion, the U.S. Court of...

No Outsourcing Escape Hatch: Third Circuit Holds States Remain Liable Under ADA Title II and the Rehabilitation Act for Prison Services Run by Private Contractors

Date: Oct 10, 2025

No Outsourcing Escape Hatch: States Remain Liable Under ADA Title II and the Rehabilitation Act for Prison Services Run by Private Contractors Introduction In a precedential opinion with sweeping...

Accessible Eviction Notice Required: Third Circuit Revives ADA/§504 Claims and Limits Quasi‑Judicial Immunity for Constables

Date: Oct 10, 2025

Accessible Eviction Notice Required: Third Circuit Revives ADA/§504 Claims and Limits Quasi‑Judicial Immunity for Constables Introduction In William Murphy v. State of Delaware Justices of the Peace,...

TCPA’s “Any Person” Robocall Ban Does Not Reach State Legislators Performing Legitimate Official Functions: Third Circuit Sets a Federalism-Grounded Limitation

Date: Oct 10, 2025

TCPA’s “Any Person” Robocall Ban Does Not Reach State Legislators Performing Legitimate Official Functions Commentary on Andrew R. Perrong v. Matthew Bradford, No. 24-1925 (3d Cir. Oct. 6, 2025)...

No Review Means No Review: Third Circuit Holds IRA § 1320f-7(2) Bars Challenges to CMS’s Product-Grouping and Other Steps in Drug Selection, and Upholds Guidance-Only Implementation Through 2028

Date: Oct 10, 2025

No Review Means No Review: Third Circuit Holds IRA § 1320f-7(2) Bars Challenges to CMS’s Product-Grouping and Other Steps in Drug Selection, and Upholds Guidance-Only Implementation Through 2028...

Including Profit in an Automaker’s “Destination Charge” Is Not Deceptive Under the NJCFA, and Manufacturers Owe No Disclosure Duty for Pass-Through Fees

Date: Oct 5, 2025

Including Profit in an Automaker’s “Destination Charge” Is Not Deceptive Under the NJCFA, and Manufacturers Owe No Disclosure Duty for Pass-Through Fees Introduction In BCR Carpentry LLC v. FCA US...

“Claim-and-Denial” Ripeness Rule for Takings Challenges to Pennsylvania’s Unclaimed Property Custody

Date: Oct 5, 2025

“Claim-and-Denial” Ripeness Rule for Takings Challenges to Pennsylvania’s Unclaimed Property Custody Case: Brian Dillow v. Treasurer of the Commonwealth of Pennsylvania Court: United States Court of...

Judicial Participation, Accurate Sentencing Warnings, and Time‑Limited Plea Offers Do Not Alone Render a Plea Involuntary: Commentary on Devine v. Commonwealth of Pennsylvania (3d Cir. 2025)

Date: Oct 5, 2025

Judicial Participation, Accurate Sentencing Warnings, and Time‑Limited Plea Offers Do Not Alone Render a Plea Involuntary Introduction This commentary examines the Third Circuit’s non-precedential...

Mailing, Not Receipt, Triggers FTCA’s Six‑Month Deadline; COVID-Era Office Mail Protocols Do Not Justify Equitable Tolling

Date: Oct 5, 2025

Mailing, Not Receipt, Triggers FTCA’s Six‑Month Deadline; COVID-Era Office Mail Protocols Do Not Justify Equitable Tolling Case: Margarita Marshall v. United States Post Office, United States Postal...