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  • Commentaries
  • Judgments

3d Circuit Case Commentaries

Article III Mootness and Rescinded COVID-19 Vaccine Mandates: Commentary on Smith v. President United States of America

Article III Mootness and Rescinded COVID-19 Vaccine Mandates: Commentary on Smith v. President United States of America

Date: Dec 12, 2025
Article III Mootness and Rescinded COVID-19 Vaccine Mandates: A Commentary on Smith v. President United States of America (3d Cir. Dec. 8, 2025) I. Introduction This commentary analyzes the Third...
Citizen-Informant Trespass Tips and Repeated Hand-in-Pocket Movements as Grounds for Terry Stops and Frisks: Commentary on United States v. Devin Travis

Citizen-Informant Trespass Tips and Repeated Hand-in-Pocket Movements as Grounds for Terry Stops and Frisks: Commentary on United States v. Devin Travis

Date: Dec 10, 2025
Citizen-Informant Trespass Tips and Repeated Hand-in-Pocket Movements as Grounds for Terry Stops and Frisks: Commentary on United States v. Devin Travis (3d Cir. 2025) I. Introduction The Third...
Structural Challenges to NLRB Proceedings as “Cases Growing Out of a Labor Dispute”: Commentary on Spring Creek Rehabilitation & Nursing Center LLC v. NLRB

Structural Challenges to NLRB Proceedings as “Cases Growing Out of a Labor Dispute”: Commentary on Spring Creek Rehabilitation & Nursing Center LLC v. NLRB

Date: Dec 10, 2025
Structural Challenges to NLRB Proceedings as “Cases Growing Out of a Labor Dispute”: Commentary on Spring Creek Rehabilitation & Nursing Center LLC v. NLRB (3d Cir. Dec. 3, 2025) I. Introduction In...
State Residency Limits on Medical Aid in Dying and the Privileges and Immunities Clause: Commentary on Dr. Paul Bryman v. Phil Murphy

State Residency Limits on Medical Aid in Dying and the Privileges and Immunities Clause: Commentary on Dr. Paul Bryman v. Phil Murphy

Date: Dec 10, 2025
State Residency Limits on Medical Aid in Dying and the Privileges and Immunities Clause: Commentary on Dr. Paul Bryman v. Phil Murphy 1. Introduction The Third Circuit’s precedential decision in Dr....
Otero v. Kane: Refining Substantive Due Process Standards for Police Pursuits and Bystander Injuries

Otero v. Kane: Refining Substantive Due Process Standards for Police Pursuits and Bystander Injuries

Date: Dec 10, 2025
Otero v. Kane: Refining Substantive Due Process Standards for Police Pursuits and Bystander Injuries I. Introduction In Joshua Otero v. Christian Kane, the United States Court of Appeals for the...
United States v. Pina (3d Cir. 2025): Post‑Vacancy First Assistants, the FVRA Nomination Bar, and De Facto U.S. Attorneys by Delegation

United States v. Pina (3d Cir. 2025): Post‑Vacancy First Assistants, the FVRA Nomination Bar, and De Facto U.S. Attorneys by Delegation

Date: Dec 4, 2025
United States v. Pina (3d Cir. 2025): Post‑Vacancy First Assistants, the FVRA Nomination Bar, and De Facto U.S. Attorneys by Delegation I. Introduction In a precedential decision issued on December...
Delegation Cannot Create a De Facto Acting U.S. Attorney: The Third Circuit’s Textual Re‑Set on the FVRA in United States v. Giraud

Delegation Cannot Create a De Facto Acting U.S. Attorney: The Third Circuit’s Textual Re‑Set on the FVRA in United States v. Giraud

Date: Dec 4, 2025
Delegation Cannot Create a De Facto Acting U.S. Attorney: The Third Circuit’s Textual Re‑Set on the FVRA in United States v. Giraud I. Introduction In this precedential opinion, the U.S. Court of...
Reaffirming the Civil Service Reform Act’s Exclusive Channel for Federal Personnel Disputes: Commentary on Jain‑Miecell Roberson v. United States (3d Cir. 2025)

Reaffirming the Civil Service Reform Act’s Exclusive Channel for Federal Personnel Disputes: Commentary on Jain‑Miecell Roberson v. United States (3d Cir. 2025)

Date: Dec 3, 2025
Reaffirming the Civil Service Reform Act’s Exclusive Channel for Federal Personnel Disputes: Commentary on Jain‑Miecell Roberson v. United States (3d Cir. 2025) I. Introduction The Third Circuit’s...
Evolving Market Realities and NCAA Eligibility Rules: Antitrust Scrutiny and Market Definition After Jett Elad v. NCAA

Evolving Market Realities and NCAA Eligibility Rules: Antitrust Scrutiny and Market Definition After Jett Elad v. NCAA

Date: Dec 2, 2025
Evolving Market Realities and NCAA Eligibility Rules: Antitrust Scrutiny and Market Definition After Jett Elad v. NCAA I. Introduction The Third Circuit’s precedential decision in Jett Elad v. NCAA,...
Loan‑Shark Extortion, Nexus to Protected Grounds, and the Original Meaning of “Particular Social Group”: Commentary on Silvio Augusto Lima Carneiro v. Attorney General

Loan‑Shark Extortion, Nexus to Protected Grounds, and the Original Meaning of “Particular Social Group”: Commentary on Silvio Augusto Lima Carneiro v. Attorney General

Date: Dec 2, 2025
Loan‑Shark Extortion, Nexus to Protected Grounds, and the Original Meaning of “Particular Social Group” Commentary on Silvio Augusto Lima Carneiro v. Attorney General of the United States (3d Cir....
United States v. Knox: No Variance Relief Without Concrete Prejudice and No Appellate Review for Invited Sentencing Errors

United States v. Knox: No Variance Relief Without Concrete Prejudice and No Appellate Review for Invited Sentencing Errors

Date: Dec 2, 2025
United States v. Knox: No Variance Relief Without Concrete Prejudice and No Appellate Review for Invited Sentencing Errors I. Introduction The Third Circuit’s non-precedential opinion in United...
Strict Contemporaneity for State-of-Mind Hearsay and the Role of Independent Investigations in Retaliation Claims: Commentary on Acevedo v. City of Reading (3d Cir. 2025)

Strict Contemporaneity for State-of-Mind Hearsay and the Role of Independent Investigations in Retaliation Claims: Commentary on Acevedo v. City of Reading (3d Cir. 2025)

Date: Nov 30, 2025
Strict Contemporaneity for State-of-Mind Hearsay and the Role of Independent Investigations in Retaliation Claims: Commentary on Acevedo v. City of Reading (3d Cir. 2025) I. Introduction This...
Creditors Cannot Use § 363(b) to Obtain Payment of Their Professional Fees: Commentary on In re Boy Scouts of America

Creditors Cannot Use § 363(b) to Obtain Payment of Their Professional Fees: Commentary on In re Boy Scouts of America

Date: Nov 24, 2025
Creditors Cannot Use § 363(b) to Obtain Payment of Their Professional Fees: Commentary on In re Boy Scouts of America (3d Cir. 2025) I. Introduction The Third Circuit’s unpublished decision in In re...
Holistic Sentencing and Upward Variances in Cyberstalking Cases: Commentary on United States v. Marsico (3d Cir. 2025)

Holistic Sentencing and Upward Variances in Cyberstalking Cases: Commentary on United States v. Marsico (3d Cir. 2025)

Date: Nov 24, 2025
Holistic Sentencing and Upward Variances in Cyberstalking Cases: Commentary on United States v. Marsico (3d Cir. 2025) I. Introduction The Third Circuit’s nonprecedential decision in United States v....
United States v. Piaquadio: Factually Erroneous § 3553(a) Analyses and Ignored Post‑Sentencing Rehabilitation as Abuse of Discretion in Compassionate Release

United States v. Piaquadio: Factually Erroneous § 3553(a) Analyses and Ignored Post‑Sentencing Rehabilitation as Abuse of Discretion in Compassionate Release

Date: Nov 24, 2025
United States v. Piaquadio: Factually Erroneous § 3553(a) Analyses and Ignored Post‑Sentencing Rehabilitation as Abuse of Discretion in Compassionate Release Court: United States Court of Appeals for...
Judicial Review of “Exceptional and Extremely Unusual Hardship” After Wilkinson: Commentary on Zhu v. Attorney General

Judicial Review of “Exceptional and Extremely Unusual Hardship” After Wilkinson: Commentary on Zhu v. Attorney General

Date: Nov 23, 2025
Judicial Review of “Exceptional and Extremely Unusual Hardship” After Wilkinson: A Commentary on Ailan Zhu v. Attorney General United States of America I. Introduction This commentary examines the...
United States v. Bishop: Harmless Error, Rule 404(b), and Sentencing in Federal Prison-Contraband Prosecutions

United States v. Bishop: Harmless Error, Rule 404(b), and Sentencing in Federal Prison-Contraband Prosecutions

Date: Nov 23, 2025
United States v. Bishop: Harmless Error, Rule 404(b), and Sentencing in Federal Prison-Contraband Prosecutions Court: United States Court of Appeals for the Third Circuit Date: November 20, 2025...
Enforcing Appellate Waivers in Anders Appeals: Commentary on United States v. Fitzgerald Daliot‑Rios

Enforcing Appellate Waivers in Anders Appeals: Commentary on United States v. Fitzgerald Daliot‑Rios

Date: Nov 23, 2025
Enforcing Appellate Waivers in Anders Appeals: Commentary on United States v. Fitzgerald Daliot‑Rios I. Introduction This commentary examines the Third Circuit’s nonprecedential opinion in United...
United States v. Lane & Wang: Limits on Mental-Health Evidence, Expert Hearsay, and Entrapment in IEEPA Sanctions Prosecutions

United States v. Lane & Wang: Limits on Mental-Health Evidence, Expert Hearsay, and Entrapment in IEEPA Sanctions Prosecutions

Date: Nov 22, 2025
United States v. Lane & Wang: Limits on Mental-Health Evidence, Expert Hearsay, and Entrapment in IEEPA Sanctions Prosecutions Court: United States Court of Appeals for the Third Circuit Decision...
Reaffirming IEEPA’s Constitutionality and Clarifying Limits on Mental‑Health and Entrapment Defenses: Commentary on United States v. Zhenyu Wang & Daniel Ray Lane (3d Cir. 2025)

Reaffirming IEEPA’s Constitutionality and Clarifying Limits on Mental‑Health and Entrapment Defenses: Commentary on United States v. Zhenyu Wang & Daniel Ray Lane (3d Cir. 2025)

Date: Nov 22, 2025
Reaffirming IEEPA’s Constitutionality and Clarifying Limits on Mental‑Health and Entrapment Defenses: Commentary on United States v. Zhenyu Wang & Daniel Ray Lane (3d Cir. 2025) I. Introduction This...
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