3d Circuit Case Commentaries

Third Circuit: No Hybrid Self-Representation; Brady/Napue and Strickland Claims Generally Require a Developed Record and Belong in § 2255

Date: Jul 2, 2026

Third Circuit: No Hybrid Self-Representation; Brady/Napue and Strickland Claims Generally Require a Developed Record and Belong in § 2255 1. Introduction United States v. Asiana Christine Williams...

Mootness After Compassionate Release: No Presumed Collateral Consequences for Challenges to BOP CARES Act Home-Confinement Revocations; No Munsingwear Vacatur When Mootness Is Self-Caused

Date: Jul 2, 2026

Mootness After Compassionate Release: No Presumed Collateral Consequences for Challenges to BOP CARES Act Home-Confinement Revocations; No Munsingwear Vacatur When Mootness Is Self-Caused...

Res Judicata Bars Renewed Flooding Claims When “Continuing Trespass” Was Abated and the New Remedy Could Have Been Sought in the Original Action

Date: Jul 2, 2026

Res Judicata Bars Renewed Flooding Claims When “Continuing Trespass” Was Abated and the New Remedy Could Have Been Sought in the Original Action 1. Introduction In Carolyn Florimonte v. Borough of...

Turner v. Philadelphia FIGHT: Conclusory Assertions Cannot Establish McDonnell Douglas Pretext in a § 1981 Termination Claim

Date: Jul 2, 2026

Turner v. Philadelphia FIGHT: Conclusory Assertions Cannot Establish McDonnell Douglas Pretext in a § 1981 Termination Claim 1. Introduction In Tiffany Turner v. Philadelphia FIGHT (3d Cir. June 29,...

Close-Proximity Presumption for U.S.S.G. § 2K2.1(b)(6)(B): Same-Floor Firearm-and-Drugs Placement Supports the Enhancement Absent Rebuttal

Date: Jul 2, 2026

Close-Proximity Presumption for U.S.S.G. § 2K2.1(b)(6)(B): Same-Floor Firearm-and-Drugs Placement Supports the Enhancement Absent Rebuttal Introduction Case: United States v. Samuel Barnes (3d Cir....

Anti-Concurrent/Sequential Causation Clauses Defeat Coverage When Wear-and-Tear Contributes and the Insured Lacks Expert Rebuttal

Date: Jun 28, 2026

Anti-Concurrent/Sequential Causation Clauses Defeat Coverage When Wear-and-Tear Contributes and the Insured Lacks Expert Rebuttal Nonprecedential status. The Third Circuit designated this decision...

Rule 60(b)(6) Habeas Reopening After Intervening Law: Cox Factor 1 Is Materiality (Not “Extraordinariness”), and Misweighing It May Be Harmless

Date: Jun 28, 2026

Rule 60(b)(6) Habeas Reopening After Intervening Law: Cox Factor 1 Is Materiality (Not “Extraordinariness”), and Misweighing It May Be Harmless Case William Bracey v. Superintendent Rockview SCI, No....

Ambiguous Video and Ignored Affidavits Bar Summary Judgment in Prison Excessive-Force and Medical-Indifference Claims

Date: Jun 28, 2026

Ambiguous Video and Ignored Affidavits Bar Summary Judgment in Prison Excessive-Force and Medical-Indifference Claims Introduction In Ralph Carter v. Adam Baumcratz, a Pennsylvania state prisoner...

Probable Cause “Any-Crime” Rule and Intervening Conduct Defeat § 1983 False-Arrest and First Amendment Retaliation Claims

Date: Jun 27, 2026

Probable Cause “Any-Crime” Rule and Intervening Conduct Defeat § 1983 False-Arrest and First Amendment Retaliation Claims 1. Introduction In Eric Watson v. Cody Reese (3d Cir. June 24, 2026) (not...

Federal Statutory Claims “Germane” to New Jersey Foreclosure Are Barred by Res Judicata and the Entire Controversy Doctrine After Final State Judgment

Date: Jun 27, 2026

Federal Statutory Claims “Germane” to New Jersey Foreclosure Are Barred by Res Judicata and the Entire Controversy Doctrine After Final State Judgment 1. Introduction In Chryssoula Arsenis v. M&T...

ERISA § 514(a) Preempts Provider Defamation Claims Based on EOB Statements Explaining Benefit Denials

Date: Jun 26, 2026

ERISA § 514(a) Preempts Provider Defamation Claims Based on EOB Statements Explaining Benefit Denials Introduction In Jeffrey Ahn v. Cigna Health and Life Insurance Company, the United States Court...

United States v. Darby: Vicinage-Clause Jury-District Objections Are Waivable Absent a Timely Voir Dire Objection

Date: Jun 26, 2026

United States v. Darby: Vicinage-Clause Jury-District Objections Are Waivable Absent a Timely Voir Dire Objection 1. Introduction In United States v. David Darby (3d Cir. June 24, 2026) (not...

Extending Burlington Northern: The Third Circuit Adopts Title VII’s “Materially Adverse” Standard for ADA and FMLA Retaliation

Date: Jun 26, 2026

Extending Burlington Northern: The Third Circuit Adopts Title VII’s “Materially Adverse” Standard for ADA and FMLA Retaliation Case: Jeffrey Steidle v. United States Liability Insurance Co., Inc....

Pleading Constructive Knowledge Under Arkansas’s Broyles Act: “Red Flags” Can Defeat a Service-Provider Exemption at the Motion-to-Dismiss Stage

Date: Jun 26, 2026

Pleading Constructive Knowledge Under Arkansas’s Broyles Act: “Red Flags” Can Defeat a Service-Provider Exemption at the Motion-to-Dismiss Stage 1. Introduction Mike Huckabee v. Meta Platforms, Inc....

FCRA “Credit-Report Pull” Claims After Charge-Off Fall Within Broad Cardholder Arbitration Clauses

Date: Jun 26, 2026

FCRA “Credit-Report Pull” Claims After Charge-Off Fall Within Broad Cardholder Arbitration Clauses 1. Introduction In Deborah Glover v. Merrick Bank (3d Cir. June 22, 2026) (not precedential), the...

Borrowed-Servant Immunity Under Pennsylvania Workers’ Compensation Act Requires a Jury When Evidence of Control Is Conflicting in Federal Task-Force Operations

Date: Jun 26, 2026

Borrowed-Servant Immunity Under Pennsylvania Workers’ Compensation Act Requires a Jury When Evidence of Control Is Conflicting in Federal Task-Force Operations I. Introduction Case: Michael Trently...

Flight-Discarded Contraband Is Abandoned (and Public Surveillance Footage Is Independently Sourced) Even If the Later Detention Is Unlawful

Date: Jun 25, 2026

Flight-Discarded Contraband Is Abandoned (and Public Surveillance Footage Is Independently Sourced) Even If the Later Detention Is Unlawful Introduction In United States v. Kendre Cain (3d Cir. June...

Documentation-Driven UIM Claim Valuation Constitutes a “Reasonable Basis” That Defeats Pennsylvania Bad-Faith Liability Under 42 Pa. C.S. § 8371

Date: Jun 25, 2026

Documentation-Driven UIM Claim Valuation Constitutes a “Reasonable Basis” That Defeats Pennsylvania Bad-Faith Liability Under 42 Pa. C.S. § 8371 1. Introduction In Jenna Ockford v. Encompass...

ERISA Prudence in the Third Circuit: A Prudent Monitoring Process Defeats Underperformance Claims at Summary Judgment

Date: Jun 25, 2026

ERISA Prudence in the Third Circuit: A Prudent Monitoring Process Defeats Underperformance Claims at Summary Judgment I. Introduction Lawanda Lasha House Johnson, et al. v. Quest Diagnostics Inc., et...

Third Circuit Narrows APA Review of Park-Service “Exhibit Decisions” and Limits § 407n Mutual-Agreement Rights to Independence Square

Date: Jun 22, 2026

Third Circuit Narrows APA Review of Park-Service “Exhibit Decisions” and Limits § 407n Mutual-Agreement Rights to Independence Square 1. Introduction City of Philadelphia v. Secretary U.S. Department...