3d Circuit Case Commentaries

Third Circuit: “Is or Was” in Special-Rule (Battered Child) Cancellation Turns on Abuser’s Status by Adjudication, Not at Time of Abuse

Date: Apr 4, 2026

Third Circuit: “Is or Was” in Special-Rule (Battered Child) Cancellation Turns on Abuser’s Status by Adjudication, Not at Time of Abuse 1. Introduction In Samuel Cardenas v. Attorney General United...

Good-Faith Removal from Medication-Assisted Treatment Does Not, Without Subjective Recklessness or ADA But-For Disability Causation, Create Federal Liability; State Medical-Malpractice Certificate-of-Merit Rules Do Not Apply in Federal Court

Date: Apr 4, 2026

Good-Faith Removal from Medication-Assisted Treatment Does Not, Without Subjective Recklessness or ADA But-For Disability Causation, Create Federal Liability; State Medical-Malpractice...

Lloyd v. Commonwealth of Pennsylvania: Summary Judgment Requires Proof of Personal Involvement and a Monell Policy in Police Social-Media Moderation Claims

Date: Apr 3, 2026

Lloyd v. Commonwealth of Pennsylvania: Summary Judgment Requires Proof of Personal Involvement and a Monell Policy in Police Social-Media Moderation Claims Introduction In Susan Lloyd v. Commonwealth...

Affirming Supervised-Release Conditions Despite No On-the-Record Explanation When a “Viable Basis” Is Apparent

Date: Apr 2, 2026

Affirming Supervised-Release Conditions Despite No On-the-Record Explanation When a “Viable Basis” Is Apparent I. Introduction United States v. Stacy Gallman (3d Cir. Mar. 26, 2026) is a...

TrueAllele Probabilistic Genotyping Is Admissible Under Daubert Without Source-Code Disclosure (Third Circuit)

Date: Apr 2, 2026

TrueAllele Probabilistic Genotyping Is Admissible Under Daubert Without Source-Code Disclosure (Third Circuit) Introduction In United States v. Hunter Ryan Anderson (3d Cir. Mar. 26, 2026), the Third...

Equity Holders Lack Bankruptcy Appellate Standing to Challenge a Trustee Settlement When Any Pecuniary Harm Is Contingent

Date: Apr 2, 2026

Equity Holders Lack Bankruptcy Appellate Standing to Challenge a Trustee Settlement When Any Pecuniary Harm Is Contingent Introduction In re: Team Systems International, LLC (3d Cir. Mar. 26, 2026)...

APA Review of Military Records Corrections: “Discernible Path” Reasoning, Unusually Deferential Review, and Prejudice Requirement for Procedural Errors

Date: Apr 2, 2026

APA Review of Military Records Corrections: “Discernible Path” Reasoning, Unusually Deferential Review, and Prejudice Requirement for Procedural Errors I. Introduction In Christopher Radziewicz v....

Third Circuit: Unverified AI-Generated Citations Breach Competence Duties and Warrant Attorney Discipline

Date: Apr 2, 2026

Third Circuit: Unverified AI-Generated Citations Breach Competence Duties and Warrant Attorney Discipline I. Introduction Stephen McCarthy v. U.S. Drug Enforcement Administration (3d Cir. Mar. 27,...

§ 2255 Relitigation Bar Blocks Collateral Relief Based on a Favorable Statutory-Interpretation Ruling Previously Offset by Plain-Error Affirmance

Date: Mar 31, 2026

§ 2255 Relitigation Bar Blocks Collateral Relief Based on a Favorable Statutory-Interpretation Ruling Previously Offset by Plain-Error Affirmance Introduction United States v. Mohammed Jabateh (3d...

Pleading Plausible Intentional Discrimination Under Title VI and § 1985(3), and Funding Alone Does Not Create State Action Under § 1983

Date: Mar 30, 2026

Pleading Plausible Intentional Discrimination Under Title VI and § 1985(3), and Funding Alone Does Not Create State Action Under § 1983 Introduction In Phyllis Alston v. Thomas Jefferson University...

United States v. Rembert — Reaffirming Platt-Factor Discretion in Rule 21(b) Transfers and the Non-Suppressibility of Bank Records Produced by Grand Jury Subpoena

Date: Mar 27, 2026

United States v. Rembert: Rule 21(b) Transfer Denials, Grand Jury Subpoenaed Bank Records, and the “Bare Rationality” Sufficiency Standard Introduction In United States v. Carlton Rembert (3d Cir....

Rule 56(e)(2) Admissions and Personal-Involvement Limits in § 1983: Summary Judgment Affirmed When a Pro Se Plaintiff Does Not Properly Oppose

Date: Mar 27, 2026

Rule 56(e)(2) Admissions and Personal-Involvement Limits in § 1983: Summary Judgment Affirmed When a Pro Se Plaintiff Does Not Properly Oppose 1. Introduction James Glover v. Barry Jacobs (3d Cir....

Jurisdictional Limits on Reviewing Discretionary Cancellation Denials: “Questions of Law” vs. Unreviewable Reweighing and Permissible Record-Based Fact Discussion

Date: Mar 26, 2026

Jurisdictional Limits on Reviewing Discretionary Cancellation Denials: “Questions of Law” vs. Unreviewable Reweighing and Permissible Record-Based Fact Discussion Introduction In Asiman Sadigov v....

Third Circuit Limits Broad Labor Arbitration Clauses: A Grievance Must Arise from a CBA-Created Right, Not a Prior Award

Date: Mar 26, 2026

Third Circuit Limits Broad Labor Arbitration Clauses: A Grievance Must Arise from a CBA-Created Right, Not a Prior Award Introduction In International Brotherhood of Electrical Workers, Local Union...

CAFA Preliminary Injunctions Require a Facial Allegation of Minimal Diversity (Citizenship, Not Mere Residency)

Date: Mar 25, 2026

CAFA Preliminary Injunctions Require a Facial Allegation of Minimal Diversity (Citizenship, Not Mere Residency) Case: David Hice v. EQT Corp. (No. 25-2729) — United States Court of Appeals for the...

Nonlawyer Trustees Cannot Seek Mandamus for a Trust; Mandamus Is Not a Substitute for Appeal

Date: Mar 24, 2026

Nonlawyer Trustees Cannot Seek Mandamus for a Trust; Mandamus Is Not a Substitute for Appeal 1. Introduction In re: Sharisse Juanita Filus (3d Cir. Mar. 20, 2026) arises out of a dispute following...

Gang Extortion Threats Are Not “On Account Of” a Protected Ground Without Evidence of Motive, and Unfulfilled Extortion Threats Typically Do Not Meet CAT “Torture”

Date: Mar 24, 2026

Gang Extortion Threats Are Not “On Account Of” a Protected Ground Without Evidence of Motive, and Unfulfilled Extortion Threats Typically Do Not Meet CAT “Torture” 1. Introduction Case: Christina...

Qualified Immunity Applies Absent Clearly Established Right to Receive Bulk Religious Mailings in Prison

Date: Mar 24, 2026

Qualified Immunity Applies Absent Clearly Established Right to Receive Bulk Religious Mailings in Prison Case: Misael Cordero v. Gregory Kelley (Third Circuit, No. 23-1815) Court: United States Court...

18 U.S.C. § 286 Tax-Refund Conspiracy Categorically “Involves Fraud or Deceit” Under INA § 1101(a)(43)(M)(i), with Loss Proven Circumstance-Specifically via Indictment and Restitution

Date: Mar 24, 2026

18 U.S.C. § 286 Tax-Refund Conspiracy Categorically “Involves Fraud or Deceit” Under INA § 1101(a)(43)(M)(i), with Loss Proven Circumstance-Specifically via Indictment and Restitution Agyei Tabi v....

Reasonable Suspicion from Corroborated Anonymous Tip and Waistband-to-Car Toss; Handcuffing as Safety Measure; Plain-View Firearm Establishes Probable Cause

Date: Mar 24, 2026

Reasonable Suspicion from Corroborated Anonymous Tip and Waistband-to-Car Toss; Handcuffing as Safety Measure; Plain-View Firearm Establishes Probable Cause 1. Introduction United States v. Steven...