3d Circuit Case Commentaries

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Alone Insufficient to Defeat Summary Judgment on Title VII Hostile Environment and Retaliation Claims (Third Circuit, Nonprecedential)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Alone Insufficient to Defeat Summary Judgment on Title VII Hostile Environment and Retaliation Claims (Third Circuit, Nonprecedential) 1....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...

Thivener v. Nero: Conflicting Evidence Does Not Defeat Probable Cause; Emergency-Aid Entry and Plain-View Digital Seizures at a Suspected Suicide/Homicide Scene

Date: May 5, 2026

Thivener v. Nero: Conflicting Evidence Does Not Defeat Probable Cause; Emergency-Aid Entry and Plain-View Digital Seizures at a Suspected Suicide/Homicide Scene Court: Court of Appeals for the Third...

Appellate Waivers Control Anders Appeals; Ineffective-Assistance Claims Generally Deferred to § 2255

Date: May 5, 2026

Appellate Waivers Control Anders Appeals; Ineffective-Assistance Claims Generally Deferred to § 2255 1. Introduction In United States v. Divine Zion (3d Cir. Apr. 30, 2026) (nonprecedential), the...

Extraordinary Downward Variances Require Meaningful Consideration of Deterrence and Sentencing Disparities (Third Cir.)

Date: May 5, 2026

Extraordinary Downward Variances Require Meaningful Consideration of Deterrence and Sentencing Disparities—and a Compelling Explanation Beyond Rehabilitation Case: United States v. Steven Newkirk...

Butler v. Floyd (3d Cir. Apr. 29, 2026): Retaliation Requires Defendant-Specific Causation; Delay-of-Care Claims Require Harm; No § 1983 Claim for Non-Investigation of Grievances

Date: May 5, 2026

Retaliation Requires Defendant-Specific Causation; Delay-of-Care Claims Require Harm; No § 1983 Claim for Non-Investigation of Grievances 1. Introduction In John Butler v. Floyd, the United States...

Rule 8 and § 1915(e) Screening: Specificity, Causation, and Municipal-Liability Requirements for NDAA Whistleblower and Title II ADA Claims

Date: May 5, 2026

Rule 8 and § 1915(e) Screening: Specificity, Causation, and Municipal-Liability Requirements for NDAA Whistleblower and Title II ADA Claims Case: George Trombetti v. Borough of Aldan (3d Cir. Apr....

Local Ties as Legitimate Hiring Criteria for Temporary Details and the Limits of Temporal Proximity in Retaliation Claims

Date: May 5, 2026

Local Ties as Legitimate Hiring Criteria for Temporary Details and the Limits of Temporal Proximity in Retaliation Claims Introduction In Renel Sample v. OPM, the Third Circuit affirmed summary...

Gang Extortion Claims Fail Absent Proof That Protected Status Motivated the Threats

Date: May 5, 2026

Gang Extortion Claims Fail Absent Proof That Protected Status Motivated the Threats Introduction In Iris Rodriguez Martinez v. Attorney General United States of America, the United States Court of...