3d Circuit Case Commentaries

“Federal Inmate” Is an Element, Not a Jurisdictional Prerequisite, and Retroactive Amendment 821 Requires Resentencing by Removing Status Points

Date: Jun 13, 2026

“Federal Inmate” Is an Element, Not a Jurisdictional Prerequisite, and Retroactive Amendment 821 Requires Resentencing by Removing Status Points 1. Introduction In United States v. Manuel Guillermo...

CFDBPA Limited to Consumer Transactions; Cybersecurity Risk Fear Alone Lacks Article III Standing; Utility Disconnection Process Satisfies Due Process When Meaningful Review Exists

Date: Jun 12, 2026

CFDBPA Limited to Consumer Transactions; Cybersecurity Risk Fear Alone Lacks Article III Standing; Utility Disconnection Process Satisfies Due Process When Meaningful Review Exists Case: Gordon...

Consecutive Federal Sentences for Offenses Committed on State Parole Are Reasonable Under U.S.S.G. § 5G1.3(d) When the Court Adequately Addresses § 3553(a)

Date: Jun 12, 2026

Consecutive Federal Sentences for Offenses Committed on State Parole Are Reasonable Under U.S.S.G. § 5G1.3(d) When the Court Adequately Addresses § 3553(a) Introduction In United States v. Kevin...

Bivens Will Not Extend to Post-Assault “Failure-to-Treat” Claims Intertwined with Prison Security; FTCA Accrual Turns on Inquiry Notice and Tolling Requires Diligence

Date: Jun 11, 2026

Bivens Will Not Extend to Post-Assault “Failure-to-Treat” Claims Intertwined with Prison Security; FTCA Accrual Turns on Inquiry Notice and Tolling Requires Diligence Introduction In Lyasia N....

CFDBPA Confined to Consumer Transactions; Speculative Cybersecurity Risk Cannot Establish Article III Standing; Utility Shutoff Due Process Satisfied by Notice and Meaningful Bill-Dispute Procedures

Date: Jun 11, 2026

CFDBPA Confined to Consumer Transactions; Speculative Cybersecurity Risk Cannot Establish Article III Standing; Utility Shutoff Due Process Satisfied by Notice and Meaningful Bill-Dispute Procedures...

Actual Notice + No Self-Help: Civil Contempt for Extending a Non-Preclusive Bankruptcy Dictum to New Property Liens

Date: Jun 11, 2026

Actual Notice + No Self-Help: Civil Contempt for Extending a Non-Preclusive Bankruptcy Dictum to New Property Liens Case: In re: Milton Thomas, No. 24-1861 (3d Cir. June 9, 2026) Court: U.S. Court of...

Appraisal Payment May Moot the Contract Claim, But “Breach” Still Goes to the Jury as an Element of Virgin Islands Bad Faith

Date: Jun 6, 2026

Appraisal Payment May Moot the Contract Claim, But “Breach” Still Goes to the Jury as an Element of Virgin Islands Bad Faith 1. Introduction RLF Nazareth LLC v. York RSG (International) Limited;...

High-Speed Pursuits Triggered by Sudden Flight: State-Created-Danger Liability Requires Intent to Harm, and the “Culpability Clock” Starts When the Suspect Flees

Date: Jun 5, 2026

High-Speed Pursuits Triggered by Sudden Flight: State-Created-Danger Liability Requires Intent to Harm, and the “Culpability Clock” Starts When the Suspect Flees 1. Introduction Neal Miller v. Joseph...

Interstate “Resupply” Drug Transport as Relevant Conduct Under U.S.S.G. § 1B1.3(a)(2)

Date: Jun 5, 2026

Interstate “Resupply” Drug Transport as Relevant Conduct Under U.S.S.G. § 1B1.3(a)(2) 1. Introduction United States v. James France (3d Cir. June 3, 2026) addresses a recurring federal sentencing...

Objectively Reasonable Reliance on an Apparent Active Warrant Negates §1983 False-Arrest Liability and Channels Arrest/Force Claims Exclusively into the Fourth Amendment

Date: Jun 5, 2026

Objectively Reasonable Reliance on an Apparent Active Warrant Negates §1983 False-Arrest Liability and Channels Arrest/Force Claims Exclusively into the Fourth Amendment I. Introduction In Vincent...

Third Circuit Rejects FLSA “Overtime Gap Time” Claims and Recalibrates Exemption Analysis to “Fair Reading” and Preponderance Standards

Date: Jun 5, 2026

Third Circuit Rejects FLSA “Overtime Gap Time” Claims and Recalibrates Exemption Analysis to “Fair Reading” and Preponderance Standards 1. Introduction In Secretary United States Department of Labor...

Faulty Workmanship and “Surrounding Property” Allegations Do Not Create an “Occurrence” Under a CGL Accident Definition Absent Active Malfunction or Intervening Accident

Date: Jun 5, 2026

Faulty Workmanship and “Surrounding Property” Allegations Do Not Create an “Occurrence” Under a CGL Accident Definition Absent Active Malfunction or Intervening Accident 1. Introduction Case:...

Private Reporting to Police, Without Public Cooperation, Fails “Social Distinction” for a Particular Social Group

Date: Jun 4, 2026

Private Reporting to Police, Without Public Cooperation, Fails “Social Distinction” for a Particular Social Group 1. Introduction In Raul Matos-Salazar v. Attorney General United States of America...

Tabron Controls: Local “Special Circumstances” Rules Cannot Substitute for the Third Circuit’s Appointed-Counsel Analysis

Date: Jun 4, 2026

Tabron Controls: Local “Special Circumstances” Rules Cannot Substitute for the Third Circuit’s Appointed-Counsel Analysis 1. Introduction In Marlon McDougall v. Tyson (3d Cir. June 2, 2026) (not...

United States v. Dangleben: Enforceable § 3593(a) Death-Notice Deadlines and Virgin Islands Territorial Offenses as § 924(c)/(j) Predicates

Date: Jun 3, 2026

Enforceable § 3593(a) Death-Notice Deadlines and Virgin Islands Territorial Offenses as § 924(c)/(j) Predicates I. Introduction United States v. Richardson Dangleben, Jr. (3d Cir. June 1, 2026) is a...

Enforceable § 3593 Death-Notice Deadlines and Territorial Predicate Offenses Under § 924(c) in the Virgin Islands

Date: Jun 3, 2026

Enforceable § 3593 Death-Notice Deadlines and Territorial Predicate Offenses Under § 924(c) in the Virgin Islands I. Introduction United States v. Richardson Dangleben, Jr. is a precedential Third...

Third Circuit Reaffirms Enforcement of Broad Plea-Agreement Appellate Waivers Absent a “Miscarriage of Justice”

Date: Jun 2, 2026

Third Circuit Reaffirms Enforcement of Broad Plea-Agreement Appellate Waivers Absent a “Miscarriage of Justice” Introduction In United States v. Leroy Roebuck, Jr. (3d Cir. May 27, 2026), the Court...

Third Circuit: Unpreserved Public-Trial Violations from COVID-Era Closures and Spectator Exclusions May Not Merit Reversal Under Plain-Error Prong Four

Date: Jun 2, 2026

Third Circuit: Unpreserved Public-Trial Violations from COVID-Era Closures and Spectator Exclusions May Not Merit Reversal Under Plain-Error Prong Four Case: United States v. Kareem Harry (with...

Session-Replay Privacy Suits Require Concrete, Traditionally Analogous Harm—Statutory Labels and Anonymized Tracking Alone Do Not Create Article III Standing

Date: Jun 2, 2026

Session-Replay Privacy Suits Require Concrete, Traditionally Analogous Harm—Statutory Labels and Anonymized Tracking Alone Do Not Create Article III Standing Case: Malinda Smidga v. Spirit Airlines,...

Administrative “First Among Equals” Status of a Chief Judge Does Not Trigger § 455(a) Recusal; Immunities and Plausibility Requirements Bar Collateral “Fraud on the Court” Suits

Date: Jun 2, 2026

Administrative “First Among Equals” Status of a Chief Judge Does Not Trigger § 455(a) Recusal; Immunities and Plausibility Requirements Bar Collateral “Fraud on the Court” Suits 1. Introduction In...