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  • Commentaries
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3d Circuit Case Commentaries

Principles-Based Sensitive-Places Doctrine: Third Circuit Upholds Most Location Bans, Invalidates Insurance Mandate and Private-Property Default in Koons v. Attorney General of New Jersey

Principles-Based Sensitive-Places Doctrine: Third Circuit Upholds Most Location Bans, Invalidates Insurance Mandate and Private-Property Default in Koons v. Attorney General of New Jersey

Date: Sep 11, 2025
Principles-Based Sensitive-Places Doctrine: Third Circuit Upholds Most Location Bans, Invalidates Insurance Mandate and Private-Property Default in Koons v. Attorney General of New Jersey...
Nonjurisdictional Filing Defects and Estate Ownership of Product‑Line Successor Claims: Third Circuit’s Guidance in In re Whittaker Clark & Daniels

Nonjurisdictional Filing Defects and Estate Ownership of Product‑Line Successor Claims: Third Circuit’s Guidance in In re Whittaker Clark & Daniels

Date: Sep 11, 2025
Nonjurisdictional Filing Defects and Estate Ownership of Product‑Line Successor Claims: Third Circuit’s Guidance in In re Whittaker Clark & Daniels Introduction The Third Circuit’s precedential...
Whittaker Clarifies: Filing Authority Is Nonjurisdictional, Sister‑State Receivers Cannot Strip a Board’s Bankruptcy Power, and Product‑Line Successor Claims Belong to the Estate

Whittaker Clarifies: Filing Authority Is Nonjurisdictional, Sister‑State Receivers Cannot Strip a Board’s Bankruptcy Power, and Product‑Line Successor Claims Belong to the Estate

Date: Sep 11, 2025
Whittaker Clarifies: Filing Authority Is Nonjurisdictional, Sister‑State Receivers Cannot Strip a Board’s Bankruptcy Power, and Product‑Line Successor Claims Belong to the Estate Introduction In a...
Third Circuit Reaffirms Strict Timeliness and Excusable-Neglect Limits on Rule 60 Relief in Bankruptcy Claim Expungements

Third Circuit Reaffirms Strict Timeliness and Excusable-Neglect Limits on Rule 60 Relief in Bankruptcy Claim Expungements

Date: Sep 10, 2025
Third Circuit Reaffirms Strict Timeliness and Excusable-Neglect Limits on Rule 60 Relief in Bankruptcy Claim Expungements Introduction In a non-precedential opinion, the United States Court of...
Third Circuit Clarifies Pickering: Speculation and Routine Complaints Are Insufficient “Disruption” to Punish Off‑Campus Faculty Speech

Third Circuit Clarifies Pickering: Speculation and Routine Complaints Are Insufficient “Disruption” to Punish Off‑Campus Faculty Speech

Date: Sep 9, 2025
Third Circuit Clarifies Pickering: Speculation and Routine Complaints Are Insufficient “Disruption” to Punish Off‑Campus Faculty Speech Introduction This precedential decision from the U.S. Court of...
Charge-Specific Probable Cause Not Clearly Established Pre‑Chiaverini: Third Circuit Affirms Dismissal, Applying Any‑Crime Rule to False Arrest and Qualified Immunity to Malicious Prosecution and False Imprisonment

Charge-Specific Probable Cause Not Clearly Established Pre‑Chiaverini: Third Circuit Affirms Dismissal, Applying Any‑Crime Rule to False Arrest and Qualified Immunity to Malicious Prosecution and False Imprisonment

Date: Sep 8, 2025
Charge-Specific Probable Cause Not Clearly Established Pre‑Chiaverini: Third Circuit Affirms Dismissal, Applying Any‑Crime Rule to False Arrest and Qualified Immunity to Malicious Prosecution and...
Disclosed Destination Charges Are Not Deceptive Per Se: Third Circuit Affirms Futility of Consumer‑Protection and Unjust‑Enrichment Claims Without Plausible Causation or Direct Benefit

Disclosed Destination Charges Are Not Deceptive Per Se: Third Circuit Affirms Futility of Consumer‑Protection and Unjust‑Enrichment Claims Without Plausible Causation or Direct Benefit

Date: Sep 8, 2025
Disclosed Destination Charges Are Not Deceptive Per Se: Third Circuit Affirms Futility of Consumer‑Protection and Unjust‑Enrichment Claims Without Plausible Causation or Direct Benefit Introduction...
No State “Need” Veto of FERC–Approved RTO Projects: Third Circuit Clarifies Supremacy Clause Limits on Siting Decisions

No State “Need” Veto of FERC–Approved RTO Projects: Third Circuit Clarifies Supremacy Clause Limits on Siting Decisions

Date: Sep 8, 2025
No State “Need” Veto of FERC–Approved RTO Projects: Third Circuit Clarifies Supremacy Clause Limits on Siting Decisions Introduction This precedential decision from the U.S. Court of Appeals for the...
Voluntariness as a Constitutional Safe Harbor: Third Circuit Upholds IRA Drug Price Negotiation Against Takings and Compelled‑Speech Challenges

Voluntariness as a Constitutional Safe Harbor: Third Circuit Upholds IRA Drug Price Negotiation Against Takings and Compelled‑Speech Challenges

Date: Sep 8, 2025
Voluntariness as a Constitutional Safe Harbor: Third Circuit Upholds IRA Drug Price Negotiation Against Takings and Compelled‑Speech Challenges Introduction In Bristol Myers Squibb Co. v. Secretary...
Economic Pressure Is Not Legal Compulsion: Third Circuit Upholds IRA Drug Price Negotiations Against Takings and Compelled‑Speech Challenges

Economic Pressure Is Not Legal Compulsion: Third Circuit Upholds IRA Drug Price Negotiations Against Takings and Compelled‑Speech Challenges

Date: Sep 8, 2025
Economic Pressure Is Not Legal Compulsion: Third Circuit Upholds IRA Drug Price Negotiations Against Takings and Compelled‑Speech Challenges Introduction In a precedential opinion with national...
Defendant’s Autonomy to Contest or Concede Individual Substantive Elements: Third Circuit Bars Counsel from Stipulating Over Client’s Objection; Old Chief/Rehaif Interface Clarified; § 922(g)(1) Not Plainly Unconstitutional

Defendant’s Autonomy to Contest or Concede Individual Substantive Elements: Third Circuit Bars Counsel from Stipulating Over Client’s Objection; Old Chief/Rehaif Interface Clarified; § 922(g)(1) Not Plainly Unconstitutional

Date: Sep 8, 2025
Defendant’s Autonomy to Contest or Concede Individual Substantive Elements: Third Circuit Bars Counsel from Stipulating Over Client’s Objection; Old Chief/Rehaif Interface Clarified; § 922(g)(1) Not...
No “Naked” Remands in Social Security Appeals: Third Circuit Reaffirms that § 405(g) Remands Must Be Either a Merits Judgment under Sentence Four or a Good‑Cause Remand under Sentence Six

No “Naked” Remands in Social Security Appeals: Third Circuit Reaffirms that § 405(g) Remands Must Be Either a Merits Judgment under Sentence Four or a Good‑Cause Remand under Sentence Six

Date: Sep 8, 2025
No “Naked” Remands in Social Security Appeals: Third Circuit Reaffirms that § 405(g) Remands Must Be Either a Merits Judgment under Sentence Four or a Good‑Cause Remand under Sentence Six...
Preclusion, Not Rooker‑Feldman, Governs Post‑Foreclosure Bankruptcy Litigation: Third Circuit’s Two‑Part Clarification for When Rooker‑Feldman Applies in Bankruptcy

Preclusion, Not Rooker‑Feldman, Governs Post‑Foreclosure Bankruptcy Litigation: Third Circuit’s Two‑Part Clarification for When Rooker‑Feldman Applies in Bankruptcy

Date: Sep 8, 2025
Preclusion, Not Rooker‑Feldman, Governs Post‑Foreclosure Bankruptcy Litigation: Third Circuit’s Two‑Part Clarification for When Rooker‑Feldman Applies in Bankruptcy Introduction In a precedential...
Strict PLRA Exhaustion Through SOIGA and Rule 21 Dismissal of Unidentified Defendants: Commentary on Johnson v. Bienkowski (3d Cir. 2025)

Strict PLRA Exhaustion Through SOIGA and Rule 21 Dismissal of Unidentified Defendants: Commentary on Johnson v. Bienkowski (3d Cir. 2025)

Date: Sep 8, 2025
Strict PLRA Exhaustion Through SOIGA and Rule 21 Dismissal of Unidentified Defendants: Commentary on Johnson v. Bienkowski (3d Cir. 2025) Introduction This commentary examines the Third Circuit’s...
No Exhaustion, No Case: Third Circuit Reaffirms Strict PLRA Compliance and Permits Dismissal of Unidentified Defendants under Rule 21

No Exhaustion, No Case: Third Circuit Reaffirms Strict PLRA Compliance and Permits Dismissal of Unidentified Defendants under Rule 21

Date: Sep 8, 2025
No Exhaustion, No Case: Third Circuit Reaffirms Strict PLRA Compliance and Permits Dismissal of Unidentified Defendants under Rule 21 Introduction In Armoni Johnson v. Bienkoski, Nos. 24-1049 &...
Civil-Rights Removal Revisited: Invoking 28 U.S.C. § 1443 Permits Full Appellate Review of Remand Orders, but ADA-Based Arguments Do Not Qualify

Civil-Rights Removal Revisited: Invoking 28 U.S.C. § 1443 Permits Full Appellate Review of Remand Orders, but ADA-Based Arguments Do Not Qualify

Date: Sep 8, 2025
Civil-Rights Removal Revisited: Invoking 28 U.S.C. § 1443 Permits Full Appellate Review of Remand Orders, but ADA-Based Arguments Do Not Qualify Introduction This commentary analyzes the Third...
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...
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