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  • Commentaries
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3d Circuit Case Commentaries

No Duty to Disclose Early‑Stage Government Investigations as “Reasonably Possible” Liabilities: Third Circuit Aligns §10(b) with ASC 450 and the Supreme Court’s Half‑Truth Doctrine

No Duty to Disclose Early‑Stage Government Investigations as “Reasonably Possible” Liabilities: Third Circuit Aligns §10(b) with ASC 450 and the Supreme Court’s Half‑Truth Doctrine

Date: Sep 2, 2025
No Duty to Disclose Early‑Stage Government Investigations as “Reasonably Possible” Liabilities: Third Circuit Aligns §10(b) with ASC 450 and the Supreme Court’s Half‑Truth Doctrine Introduction The...
Cross‑Study “Establishment” Claims: Third Circuit Clarifies That Side‑by‑Side Superiority Messaging Is Literally False Absent Reliable Comparability—and That Damages Still Require Proof of Actual Deception and Reliance

Cross‑Study “Establishment” Claims: Third Circuit Clarifies That Side‑by‑Side Superiority Messaging Is Literally False Absent Reliable Comparability—and That Damages Still Require Proof of Actual Deception and Reliance

Date: Sep 2, 2025
Cross‑Study “Establishment” Claims: Third Circuit Clarifies That Side‑by‑Side Superiority Messaging Is Literally False Absent Reliable Comparability—and That Damages Still Require Proof of Actual...
Cross‑Study “Establishment” Claims in Scientific Advertising: Literal Falsity by Necessary Implication Absent Proven Comparability, and No Lanham Act Damages Without Proof of Actual Deception

Cross‑Study “Establishment” Claims in Scientific Advertising: Literal Falsity by Necessary Implication Absent Proven Comparability, and No Lanham Act Damages Without Proof of Actual Deception

Date: Sep 2, 2025
Cross‑Study “Establishment” Claims in Scientific Advertising: Literal Falsity by Necessary Implication Absent Proven Comparability, and No Lanham Act Damages Without Proof of Actual Deception Case:...
Post-Loper Bright, Circuit Precedent Controls: Third Circuit Reaffirms Jordon’s Sequencing Rule for Former § 1432(a)(3) and Holds BIA Self-Certification Denials Unreviewable

Post-Loper Bright, Circuit Precedent Controls: Third Circuit Reaffirms Jordon’s Sequencing Rule for Former § 1432(a)(3) and Holds BIA Self-Certification Denials Unreviewable

Date: Aug 31, 2025
Post-Loper Bright, Circuit Precedent Controls: Third Circuit Reaffirms Jordon’s Sequencing Rule for Former § 1432(a)(3) and Holds BIA Self-Certification Denials Unreviewable Introduction In...
No Double Disgorgement: Third Circuit Bars Duplicate Profit Awards Across Overlapping Trade‑Secret and Unfair‑Competition Claims; Clarifies Rule 50 Forfeiture and “Use” Proof Under the DTSA

No Double Disgorgement: Third Circuit Bars Duplicate Profit Awards Across Overlapping Trade‑Secret and Unfair‑Competition Claims; Clarifies Rule 50 Forfeiture and “Use” Proof Under the DTSA

Date: Aug 31, 2025
No Double Disgorgement: Third Circuit Bars Duplicate Profit Awards Across Overlapping Trade‑Secret and Unfair‑Competition Claims; Clarifies Rule 50 Forfeiture and “Use” Proof Under the DTSA...
State Law Controls Attorney Charging Liens in MDLs: Third Circuit Endorses Pennsylvania’s Recht Causation Test and Rejects McKenzie-Based Fee-Splitting for Former Counsel in NFL Concussion Awards

State Law Controls Attorney Charging Liens in MDLs: Third Circuit Endorses Pennsylvania’s Recht Causation Test and Rejects McKenzie-Based Fee-Splitting for Former Counsel in NFL Concussion Awards

Date: Aug 31, 2025
State Law Controls Attorney Charging Liens in MDLs: Third Circuit Endorses Pennsylvania’s Recht Causation Test and Rejects McKenzie-Based Fee-Splitting for Former Counsel in NFL Concussion Awards...
No-Count Rule for Undated Mail Ballots Fails Anderson-Burdick: Third Circuit Requires Evidence-Backed Justifications for Even Minimal Voting Burdens

No-Count Rule for Undated Mail Ballots Fails Anderson-Burdick: Third Circuit Requires Evidence-Backed Justifications for Even Minimal Voting Burdens

Date: Aug 31, 2025
No-Count Rule for Undated Mail Ballots Fails Anderson-Burdick: Third Circuit Requires Evidence-Backed Justifications for Even Minimal Voting Burdens Case: Bette Eakin v. Adams County Board of...
No Eighth Amendment or ADA Violation Where Restrictive Housing of a Mentally Ill Inmate Is Tied to Specific Security Risks, Regular Review, Step‑Down Programming, and Ongoing Mental‑Health Care

No Eighth Amendment or ADA Violation Where Restrictive Housing of a Mentally Ill Inmate Is Tied to Specific Security Risks, Regular Review, Step‑Down Programming, and Ongoing Mental‑Health Care

Date: Aug 31, 2025
No Eighth Amendment or ADA Violation Where Restrictive Housing of a Mentally Ill Inmate Is Tied to Specific Security Risks, Regular Review, Step‑Down Programming, and Ongoing Mental‑Health Care...
The Services-and-Infrastructure Test: Third Circuit Clarifies FELA’s Reach and Excludes Urban Rapid Transit from “Railroad” Status

The Services-and-Infrastructure Test: Third Circuit Clarifies FELA’s Reach and Excludes Urban Rapid Transit from “Railroad” Status

Date: Aug 31, 2025
The Services-and-Infrastructure Test: Third Circuit Clarifies FELA’s Reach and Excludes Urban Rapid Transit from “Railroad” Status Introduction This precedential decision from the U.S. Court of...
Particularity by Incorporation and the Seizure–Search Divide for Digital Devices: Lessons from Shotwell v. Delaware DSHS (3d Cir. 2025)

Particularity by Incorporation and the Seizure–Search Divide for Digital Devices: Lessons from Shotwell v. Delaware DSHS (3d Cir. 2025)

Date: Aug 31, 2025
Particularity by Incorporation and the Seizure–Search Divide for Digital Devices: Lessons from Shotwell v. Delaware DSHS (3d Cir. 2025) Court: U.S. Court of Appeals for the Third Circuit...
Third Circuit Cabins CFAA to Code‑Based Hacking and Holds Passwords Are Not Trade Secrets: Commentary on NRA Group LLC v. Durenleau

Third Circuit Cabins CFAA to Code‑Based Hacking and Holds Passwords Are Not Trade Secrets: Commentary on NRA Group LLC v. Durenleau

Date: Aug 31, 2025
Third Circuit Cabins CFAA to Code‑Based Hacking and Holds Passwords Are Not Trade Secrets Introduction In a precedential opinion with wide‑ranging consequences for computer‑misuse and trade secret...
Victim Identification Trumps Recantation and Officer Subjectivity in Probable Cause Analysis: Commentary on Tim Burton v. Marc Ziegler (3d Cir. 2025)

Victim Identification Trumps Recantation and Officer Subjectivity in Probable Cause Analysis: Commentary on Tim Burton v. Marc Ziegler (3d Cir. 2025)

Date: Aug 31, 2025
Victim Identification Trumps Recantation and Officer Subjectivity in Probable Cause Analysis: Commentary on Tim Burton v. Marc Ziegler (3d Cir. 2025) Court: United States Court of Appeals for the...
Resisting-Arrest Pleas Do Not Blanket-Authorize Police Force: Third Circuit Requires a Complete Record—Including Bodycam Footage—Before Summary Judgment in Excessive-Force Cases

Resisting-Arrest Pleas Do Not Blanket-Authorize Police Force: Third Circuit Requires a Complete Record—Including Bodycam Footage—Before Summary Judgment in Excessive-Force Cases

Date: Aug 29, 2025
Resisting-Arrest Pleas Do Not Blanket-Authorize Police Force: Third Circuit Requires a Complete Record—Including Bodycam Footage—Before Summary Judgment in Excessive-Force Cases Introduction In...
Third Circuit clarifies de novo review of Rule 60(d)(1) dismissals and reaffirms broad transactional claim preclusion in serial fee litigation

Third Circuit clarifies de novo review of Rule 60(d)(1) dismissals and reaffirms broad transactional claim preclusion in serial fee litigation

Date: Aug 29, 2025
Third Circuit clarifies de novo review of Rule 60(d)(1) dismissals and reaffirms broad transactional claim preclusion in serial fee litigation Case: Law Offices of Bruce J. Chasan, LLC v. John Pierce...
A Two‑Track Roadmap When a Plaintiff Goes Silent: Rule 56 Record Review or Poulis‑Based Rule 41(b) Dismissal—Not “Default” Summary Judgment

A Two‑Track Roadmap When a Plaintiff Goes Silent: Rule 56 Record Review or Poulis‑Based Rule 41(b) Dismissal—Not “Default” Summary Judgment

Date: Aug 29, 2025
A Two‑Track Roadmap When a Plaintiff Goes Silent: Rule 56 Record Review or Poulis‑Based Rule 41(b) Dismissal—Not “Default” Summary Judgment Case: Michael Goodson, Sr. v. City of Philadelphia and...
Subsection 2516(2) Defers to State Law: Third Circuit Confirms State AGs May Delegate Wiretap-Application Authority Without a Federal “Personal Review” Requirement

Subsection 2516(2) Defers to State Law: Third Circuit Confirms State AGs May Delegate Wiretap-Application Authority Without a Federal “Personal Review” Requirement

Date: Aug 29, 2025
Subsection 2516(2) Defers to State Law: Third Circuit Confirms State AGs May Delegate Wiretap-Application Authority Without a Federal “Personal Review” Requirement Introduction In United States v....
No Personal Review Required: Third Circuit Holds State AG’s Delegation of Wiretap Authority Under §2516(2) Is Valid If Authorized by State Law

No Personal Review Required: Third Circuit Holds State AG’s Delegation of Wiretap Authority Under §2516(2) Is Valid If Authorized by State Law

Date: Aug 29, 2025
No Personal Review Required: Third Circuit Holds State AG’s Delegation of Wiretap Authority Under §2516(2) Is Valid If Authorized by State Law Case: United States v. Price Montgomery; United States...
“Other Cause” Re-Defined: Third Circuit Sanctions Wide Bankruptcy-Court Power to Reopen Closed Cases and Bind Non-Debtor Creditors — Commentary on In re Congoleum Corporation (3d Cir. 2025)

“Other Cause” Re-Defined: Third Circuit Sanctions Wide Bankruptcy-Court Power to Reopen Closed Cases and Bind Non-Debtor Creditors — Commentary on In re Congoleum Corporation (3d Cir. 2025)

Date: Aug 25, 2025
“Other Cause” Re-Defined: Third Circuit Sanctions Wide Bankruptcy-Court Power to Reopen Closed Cases and Bind Non-Debtor Creditors — Commentary on In re Congoleum Corporation (3d Cir. 2025) 1....
Age-Limit Mootness & Hearing-Officer Immunity under the IDEA – Commentary on Jenn-Ching Luo v. Owen J. Roberts School District (3d Cir. 2025)

Age-Limit Mootness & Hearing-Officer Immunity under the IDEA – Commentary on Jenn-Ching Luo v. Owen J. Roberts School District (3d Cir. 2025)

Date: Aug 25, 2025
Age-Limit Mootness & Hearing-Officer Immunity under the IDEA – Commentary on Jenn-Ching Luo v. Owen J. Roberts School District (3d Cir. 2025) 1. Introduction The United States Court of Appeals for...
Third Circuit Clarifies Right to Implement Hearing-Officer Decisions During IDEA Appeal Period and Reaffirms Eleventh-Amendment Immunity of State Education Agencies

Third Circuit Clarifies Right to Implement Hearing-Officer Decisions During IDEA Appeal Period and Reaffirms Eleventh-Amendment Immunity of State Education Agencies

Date: Aug 25, 2025
Third Circuit Clarifies Right to Implement Hearing-Officer Decisions During IDEA Appeal Period and Reaffirms Eleventh-Amendment Immunity of State Education Agencies Introduction In Jenn-Ching Luo v....
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