3d Circuit Case Commentaries

Suicide After Police Release: Limits on Deliberate-Indifference and State-Created-Danger Liability

Date: Nov 5, 2026

Suicide After Police Release: Limits on Deliberate-Indifference and State-Created-Danger Liability Case: Maria Menas v. Township of Washington Court: United States Court of Appeals for the Third...

Derivative Standing May Be Denied When Litigation Risks Outweigh Negotiated Estate Benefits

Date: Nov 3, 2026

Derivative Standing May Be Denied When Litigation Risks Outweigh Negotiated Estate Benefits Case: In Re: Invitae Corporation Court: United States Court of Appeals for the Third Circuit Filed: October...

Regulation Alone Does Not Make a Private Utility a State Actor: Limits on Constitutional, Tax, and Privacy Claims

Date: Nov 3, 2026

Regulation Alone Does Not Make a Private Utility a State Actor: Limits on Constitutional, Tax, and Privacy Claims Case: Michael Hickson v. PECO Energy Co Court: United States Court of Appeals for the...

Withholding Requires a Clear Probability of Persecution; the BIA May Enforce Application Requirements for Remand

Date: Nov 3, 2026

Withholding Requires a Clear Probability of Persecution; the BIA May Enforce Application Requirements for Remand Case: Gurmit Kahlon v. Attorney General United States of America Court: United States...

Hostile-Environment Liability and Administrative Exhaustion: Limits on Workplace Discrimination Claims

Date: Nov 3, 2026

Hostile-Environment Liability Requires Severe or Pervasive Conduct; Distinct Discrimination Claims Must Be Administratively Exhausted Case: Marquis Robinson v. Self Help Movement, No. 26-1838 Court:...

United States v. Racoco Williams: Warrant Materiality, Cross-Examination Limits, and Mandatory Life Sentencing

Date: Nov 3, 2026

United States v. Racoco Williams: Warrant Materiality, Cross-Examination Limits, and Mandatory Life Sentencing Court: United States Court of Appeals for the Third Circuit Case: No. 24-2527 Decided:...

Section 1988 Fees After Ballot-Counting Relief: Prevailing-Party Status, Local Rates, and Lodestar Proof

Date: Nov 3, 2026

Section 1988 Fees After Ballot-Counting Relief: Prevailing-Party Status, Local Rates, and Lodestar Proof Case: Linda Migliori v. Lehigh County Board of Elections Court: United States Court of Appeals...

Section 1988 Fees After Vacatur: Prevailing-Party Status and Supported Fee Reductions

Date: Nov 3, 2026

Section 1988 Fees After Vacatur: Prevailing-Party Status and Supported Fee Reductions Case: Linda Migliori v. Lehigh County Board of Elections Court: United States Court of Appeals for the Third...

Section 1988 Fees After Mootness Vacatur: Prevailing-Party Status, Specific Objections, and Local-Market Rates

Date: Nov 3, 2026

Section 1988 Fees After Mootness Vacatur: Prevailing-Party Status, Specific Objections, and Local-Market Rates Case: Linda Migliori v. Lehigh County Board of Elections Court: United States Court of...

School-Uniform Free Exercise Challenges: Pleading Nonneutrality or Lack of General Applicability

Date: Nov 3, 2026

School-Uniform Free Exercise Challenges: Pleading Nonneutrality or Lack of General Applicability Case: Green Trevor v. Mumin, No. 26-1851 Court: United States Court of Appeals for the Third Circuit...

“Any Auto” Does Not Extend Commercial Auto Coverage to Unrelated Third-Party Vehicles Merely Present on Insured Property

Date: Oct 29, 2026

“Any Auto” Does Not Extend Commercial Auto Coverage to Unrelated Third-Party Vehicles Merely Present on Insured Property Case: C.J. Hesse, Inc. and Atlantic Pier Co., Inc. v. American Family Home...

Purely Regulatory Fraud Does Not Trigger the MVRA’s Property-Offense Provision

Date: Oct 29, 2026

Purely Regulatory Fraud Does Not Trigger the MVRA’s Property-Offense Provision Case: In re: Creighton Bloyd Court: United States Court of Appeals for the Third Circuit Decided: October 26, 2026...

Pennsylvania Intent-to-Terrorize Threats Are CIMTs, but Internal Relocation Is Not Dispositive of CAT Protection

Date: Oct 26, 2026

Pennsylvania Intent-to-Terrorize Threats Are CIMTs, but Internal Relocation Is Not Dispositive of CAT Protection Case: Jesus Diaz v. Attorney General United States of America Court: United States...

DUI Arrest and Continued Prosecution: Qualified Immunity Denied Under Established Probable-Cause Principles

Date: Oct 25, 2026

DUI Arrest and Continued Prosecution: Qualified Immunity Denied Under Established Probable-Cause Principles Case: Bryant Arrey v. Jonathan Zebley, No. 25-3229 Court: United States Court of Appeals...

Title VII: Material Supervisory Differences Defeat a Comparator Theory, and Timing Does Not Cure Missing Retaliatory Causation

Date: Oct 25, 2026

Title VII: Material Supervisory Differences Defeat a Comparator Theory, and Timing Does Not Cure Missing Retaliatory Causation Case: Jack Kahriger v. U.S. Department of Health and Human Services...

Prison Medical-Care Claims Require More Than Treatment Disagreement and Conclusory Acquiescence

Date: Oct 24, 2026

Prison Medical-Care Claims Require More Than Treatment Disagreement and Conclusory Acquiescence Case: Robert James Piper v. Dr. Annie Caswell and Sheri McAfee-Garner, No. 26-1626 Court: United States...

State-Prison ADA Claims Require Separate Consideration of Congress’s Power to Abrogate Sovereign Immunity

Date: Oct 24, 2026

State-Prison ADA Claims Require Separate Consideration of Congress’s Power to Abrogate Sovereign Immunity Case: Troy Lewald v. Pennsylvania Department of Corrections, No. 25-2166, United States Court...

Financially Motivated Extortion, the Asylum Nexus, and Proof of Official Acquiescence Under CAT

Date: Oct 23, 2026

Financially Motivated Extortion, the Asylum Nexus, and Proof of Official Acquiescence Under CAT Case: Richard Salome-Castillo v. Attorney General United States of America Court: United States Court...

Section 1983 Claims Require Specific Facts; Jurisdictional Dismissals Must Be Without Prejudice

Date: Oct 23, 2026

Section 1983 Claims Require Specific Facts; Jurisdictional Dismissals Must Be Without Prejudice Case: Jarvis Roberts v. State of Pennsylvania, No. 25-2051 Court: United States Court of Appeals for...

Pennsylvania’s Discovery Rule: Notice of a Breach Is Not Necessarily Notice of Investment Injury

Date: Oct 23, 2026

Pennsylvania’s Discovery Rule: Notice of a Breach Is Not Necessarily Notice of Investment Injury Case: John Grove v. MML Investors Services, LLC and Massachusetts Mutual Life Insurance Company, No....