3d Circuit Case Commentaries

Omissions of Key Events and Evasive Testimony Sustain Adverse Credibility Findings in Asylum/CAT Review

Date: May 22, 2026

Omissions of Key Events and Evasive Testimony Sustain Adverse Credibility Findings in Asylum/CAT Review Introduction In Gary Barnes v. Attorney General United States of America (3d Cir. May 19, 2026)...

Misjoinder in Prisoner § 1983 Litigation: Courts Should Permit Amendment and Prefer Severance Over Dismissal When Limitations Prejudice May Result

Date: May 22, 2026

Misjoinder in Prisoner § 1983 Litigation: Courts Should Permit Amendment and Prefer Severance Over Dismissal When Limitations Prejudice May Result I. Introduction In Rodney Anderson v. Kevin Kauffman...

Compensatory Education May Include Multi‑Year Residential Placement to Remedy FAPE Denial Without Usurping the IEP Team (S. M. v. Chichester School District)

Date: May 22, 2026

Compensatory Education May Include Multi‑Year Residential Placement to Remedy FAPE Denial Without Usurping the IEP Team (S. M. v. Chichester School District) 1. Introduction S. M. v. Chichester...

Financial-Management Vendors in Self-Directed Medicaid Programs Are Not Joint Employers Absent “Significant Control”

Date: May 22, 2026

Financial-Management Vendors in Self-Directed Medicaid Programs Are Not Joint Employers Absent “Significant Control” I. Introduction Ralph Talarico v. Public Partnerships LLC (3d Cir. May 19, 2026)...

Complaint Exhibits Can Defeat an FCRA § 1681s-2(b) Claim and Rule 9(b) Strictly Bars Vague Fraud/Conspiracy Pleading

Date: May 22, 2026

Complaint Exhibits Can Defeat an FCRA § 1681s-2(b) Claim and Rule 9(b) Strictly Bars Vague Fraud/Conspiracy Pleading I. Introduction In Gutti Rao v. Sleep Number Bed, Inc (3d Cir. May 18, 2026)...

Shaffer Footnote 36 Extends to New York Convention Award Enforcement: Property-Based (Quasi in Rem) Jurisdiction Without Minimum Contacts

Date: May 22, 2026

Shaffer Footnote 36 Extends to New York Convention Award Enforcement: Property-Based (Quasi in Rem) Jurisdiction Without Minimum Contacts I. Introduction Sociedad Concesionaria Metropolitana de Salud...

Rule 701 Boundary: Narcotics “Modus Operandi” Opinions Untethered to Case Facts Are Expert Testimony (Harmless Here)

Date: May 22, 2026

Rule 701 Boundary: Narcotics “Modus Operandi” Opinions Untethered to Case Facts Are Expert Testimony (Harmless Here) Case: United States v. Jabar Evans Court: Court of Appeals for the Third Circuit...

Criminal Securities-Fraud Convictions Collaterally Estop Defendants in SEC Civil Actions (and Support Disgorgement Limited to Net Profits)

Date: May 20, 2026

Criminal Securities-Fraud Convictions Collaterally Estop Defendants in SEC Civil Actions (and Support Disgorgement Limited to Net Profits) 1. Introduction In SEC v. George Georgiou (3d Cir. May 14,...

Specialized Sexual-Abuse “Age-30” Extension Is Not a Coordinate Tolling Rule for Federal Title IX and § 1983 Claims in Pennsylvania

Date: May 20, 2026

Specialized Sexual-Abuse “Age-30” Extension Is Not a Coordinate Tolling Rule for Federal Title IX and § 1983 Claims in Pennsylvania Introduction In Jane Doe v. East Stroudsburg University of...

Mootness of Supervised-Release Revocation Appeals After Unconditional Release: Speculative Collateral Consequences and Non-Redressability Require Dismissal

Date: May 19, 2026

Mootness of Supervised-Release Revocation Appeals After Unconditional Release: Speculative Collateral Consequences and Non-Redressability Require Dismissal 1. Introduction In United States v. Deron...

Single Incident of Unwanted Touching and Temporal Proximity Alone Insufficient to Defeat Summary Judgment on Title VII Hostile Environment and Retaliation Claims (Third Circuit, Nonprecedential)

Date: May 19, 2026

Single Incident of Unwanted Touching and Temporal Proximity Alone Insufficient to Defeat Summary Judgment on Title VII Hostile Environment and Retaliation Claims (Third Circuit, Nonprecedential) 1....

Collateral-Review Harmless-Error Rule for Davis-Based § 924(c) General Verdicts: Brecht “Actual Prejudice” Controls

Date: May 19, 2026

Collateral-Review Harmless-Error Rule for Davis-Based § 924(c) General Verdicts: Brecht “Actual Prejudice” Controls Introduction In United States v. Melvin Williams (3d Cir. May 14, 2026) (not...

Third Circuit Adopts “Primarily and Substantially in Illinois” Limit on BIPA and Treats Voice-Authentication Vendors as GLBA-Exempt Financial Institutions

Date: May 19, 2026

Third Circuit Adopts “Primarily and Substantially in Illinois” Limit on BIPA and Treats Voice-Authentication Vendors as GLBA-Exempt Financial Institutions I. Introduction Christine McGoveran v....

Post-Taylor Resentencing: Courts May Reimpose the Same Aggregate Term After Vacatur of an Attempted Hobbs Act § 924(c) Count, and Anders Review Confirms No Nonfrivolous Sentencing Challenge

Date: May 19, 2026

Post-Taylor Resentencing: Courts May Reimpose the Same Aggregate Term After Vacatur of an Attempted Hobbs Act § 924(c) Count, and Anders Review Confirms No Nonfrivolous Sentencing Challenge I....

Mootness After Supervised-Release Revocation: Post-Release Appeals Require Concrete, Non-Speculative, and Redressable Collateral Consequences

Date: May 19, 2026

Mootness After Supervised-Release Revocation: Post-Release Appeals Require Concrete, Non-Speculative, and Redressable Collateral Consequences 1. Introduction In United States v. Deron Nixon (3d Cir....

FCRA “Inaccuracy” and Legal Disputes: A Debt Is Not Misreported as “In Collections” Absent an Objectively Verifiable Bar to Collection

Date: May 12, 2026

FCRA “Inaccuracy” and Legal Disputes: A Debt Is Not Misreported as “In Collections” Absent an Objectively Verifiable Bar to Collection Introduction In Bryan Bandes v. TransUnion LLC (3d Cir. May 8,...

Session-Replay Capture of Complete Payment Card Data Confers Article III Standing Under Intrusion Upon Seclusion

Date: May 12, 2026

Session-Replay Capture of Complete Payment Card Data Confers Article III Standing Under Intrusion Upon Seclusion I. Introduction In re: BPS Direct, LLC; Cabela's, LLC Wiretapping Litigation (3d Cir....

Rule 11(c)(1) Plain-Error Vacatur and Reassignment When a Judge Urges Guilty-Plea Advantages

Date: May 11, 2026

Rule 11(c)(1) Plain-Error Vacatur and Reassignment When a Judge Urges Guilty-Plea Advantages Case: United States v. Tarik Chambers (3d Cir. May 8, 2026) (nonprecedential) Court: United States Court...

Rule 60 Motions After Final Judgment: One-Year Bar, “Reasonable Time” Limits, and Clear-and-Convincing Proof for Fraud on the Court

Date: May 5, 2026

Rule 60 Motions After Final Judgment: One-Year Bar, “Reasonable Time” Limits, and Clear-and-Convincing Proof for Fraud on the Court 1. Introduction Harisadhan Patra and Petula Vaz (pro se) appealed...

Undisclosed Debtor Settlements Are Ineffective Without Rule 9019 Approval; Trustee May Later Obtain Approval on the Same Terms

Date: May 5, 2026

Undisclosed Debtor Settlements Are Ineffective Without Rule 9019 Approval; Trustee May Later Obtain Approval on the Same Terms 1. Introduction In re: William F. Carney (3d Cir. May 1, 2026) arises...