3d Circuit Case Commentaries

Proportionality, Not Nominal Prevailing Status, Controls Contractual Fee Awards Under New Jersey Law: Third Circuit Affirms $0 Fee Award in Miller Act Subcontract Dispute

Date: Nov 7, 2025

Proportionality, Not Nominal Prevailing Status, Controls Contractual Fee Awards Under New Jersey Law: Third Circuit Affirms $0 Fee Award in Miller Act Subcontract Dispute Introduction In United...

Treatment Noncompliance and Post‑Release Disclosures Can Justify Tailored Internet, Contact, and Pornography Restrictions on Supervised Release (Non‑Precedential) — United States v. Coy Klinger (3d Cir. 2025)

Date: Nov 7, 2025

Treatment Noncompliance and Post‑Release Disclosures Can Justify Tailored Internet, Contact, and Pornography Restrictions on Supervised Release Case: United States v. Coy Christopher Klinger, No....

When a State Judgment Ties an Equitable Mortgage to the Underlying Debt, Federal “Fix-the-Amount” Suits Are Precluded: Commentary on Aura Investors LLC v. Romspen Mortgage Ltd. Partnership (3d Cir. Nov. 4, 2025)

Date: Nov 7, 2025

When a State Judgment Ties an Equitable Mortgage to the Underlying Debt, Federal “Fix-the-Amount” Suits Are Precluded Commentary on Aura Investors LLC v. Romspen Mortgage Limited Partnership (3d Cir....

Post-Brown ACCA Matching to Predicate-Offense Date and Erlinger’s Jury Requirement Applied on Plain-Error Review; Pennsylvania § 780‑113(a)(30) Not Overbroad

Date: Nov 7, 2025

Post-Brown ACCA Matching to Predicate-Offense Date and Erlinger’s Jury Requirement Applied on Plain-Error Review; Pennsylvania § 780‑113(a)(30) Not Overbroad Introduction In United States v. Kareem...

No Categorical Mismatch for Pre-2015 Pennsylvania Cocaine PWID Convictions Under ACCA; “Different Occasions” Jury Right Reviewed for Plain Error; § 780-113(a)(30) Does Not Sweep in Licensed “Dispensing”

Date: Nov 7, 2025

No Categorical Mismatch for Pre-2015 Pennsylvania Cocaine PWID Convictions Under ACCA; “Different Occasions” Jury Right Reviewed for Plain Error; § 780-113(a)(30) Does Not Sweep in Licensed...

Closing the Oglesby Loop and Limiting FOIA’s Law-Enforcement Exemptions: Third Circuit Bars “Federalization” of State Task Forces and Narrows 7(D) and 7(E) in Viola v. DOJ

Date: Nov 7, 2025

Closing the Oglesby Loop and Limiting FOIA’s Law-Enforcement Exemptions: Third Circuit Bars “Federalization” of State Task Forces and Narrows 7(D) and 7(E) in Viola v. DOJ Introduction In a...

Closing the Oglesby Loop and Recalibrating FOIA Proof: Third Circuit Tightens Exemption 7(D) and 7(E), Sets a Trial‑Exhibit Disclosure Presumption, and Limits FOIA’s Reach Over State Task Forces

Date: Nov 7, 2025

Closing the Oglesby Loop and Recalibrating FOIA Proof: Third Circuit Tightens Exemption 7(D) and 7(E), Sets a Trial‑Exhibit Disclosure Presumption, and Limits FOIA’s Reach Over State Task Forces...

Animus Alone Is Not Enough: Third Circuit Reaffirms That Executive Land-Use Enforcement Must “Shock the Conscience” to Violate Substantive Due Process

Date: Nov 3, 2025

Animus Alone Is Not Enough: Third Circuit Reaffirms That Executive Land-Use Enforcement Must “Shock the Conscience” to Violate Substantive Due Process Introduction In Codorun Farms Inc. v. West...

No Monell or Supervisory Liability Without a Predicate Constitutional Violation; Failure to Challenge an Independent Ground Forfeits the Appeal — Williams v. Luther (3d Cir. 2025)

Date: Nov 3, 2025

No Monell or Supervisory Liability Without a Predicate Constitutional Violation; Failure to Challenge an Independent Ground Forfeits the Appeal — Williams v. Luther (3d Cir. 2025) Introduction This...

Settlement Payments After a Short‑Form Merger Are “Under” the Merger Contract for § 483 Imputed Interest; Minority Assent Not Required (Third Circuit)

Date: Nov 2, 2025

Settlement Payments After a Short‑Form Merger Are “Under” the Merger Contract for § 483 Imputed Interest; Minority Assent Not Required Case: Charles G. Berwind Trust v. Commissioner of Internal...

“Under” Means “Authorized By”: Third Circuit Holds Short‑Form Merger Plans Are “Contracts” for § 483 and Imputes Interest to Later Settlement Payments

Date: Nov 2, 2025

“Under” Means “Authorized By”: Third Circuit Holds Short‑Form Merger Plans Are “Contracts” for § 483 and Imputes Interest to Later Settlement Payments Introduction In a precedential decision with...

Section 483 Applies to Deferred Settlement Payments Authorized by Short‑Form Merger Plans: Third Circuit Defines “Under” and Confirms Merger Plans as “Contracts” Without Minority Assent

Date: Nov 2, 2025

Section 483 Applies to Deferred Settlement Payments Authorized by Short‑Form Merger Plans: Third Circuit Defines “Under” and Confirms Merger Plans as “Contracts” Without Minority Assent Court: U.S....

Settlement Payments Fixing Price After a Short‑Form Merger Are “Under” the Merger for IRC §483; Short‑Form Merger Agreements Are “Contracts” Despite Minority Non‑Assent

Date: Nov 2, 2025

Settlement Payments Fixing Price After a Short‑Form Merger Are “Under” the Merger for IRC §483; Short‑Form Merger Agreements Are “Contracts” Despite Minority Non‑Assent Introduction In Estate of...

“Under” Means “Authorized By”: Third Circuit Holds § 483 Imputes Interest to Settlement Payments That Satisfy Obligations Created by a Short‑Form Merger Agreement—Minority Assent Not Required

Date: Nov 2, 2025

“Under” Means “Authorized By”: Third Circuit Holds § 483 Imputes Interest to Settlement Payments That Satisfy Obligations Created by a Short‑Form Merger Agreement—Minority Assent Not Required Case:...

Section 3553(a) as an Independent, Dispositive Ground for Denying Compassionate Release; No Stay Pending Supreme Court Review of Amendment 814 Issues; Proper Post-Conviction Vehicles After Rivers v. Guerrero

Date: Nov 2, 2025

Section 3553(a) as an Independent, Dispositive Ground for Denying Compassionate Release; No Stay Pending Supreme Court Review of Amendment 814 Issues; Proper Post-Conviction Vehicles After Rivers v....

Minimal FTCA Presentment and Marshals’ Duty to Assist IFP Service: The Third Circuit’s Freeman v. Lincalis Precedent

Date: Nov 1, 2025

Minimal FTCA Presentment and Marshals’ Duty to Assist IFP Service: The Third Circuit’s Freeman v. Lincalis Precedent Introduction In a precedential opinion, the Third Circuit in Rocky L. Freeman v....

Claim Preclusion Applies to Malpractice Claims Against Opposing Counsel as Privies When Based on the Same Transaction: Commentary on Zirvi v. Illumina, Inc. (3d Cir. 2025)

Date: Oct 31, 2025

Claim Preclusion Applies to Malpractice Claims Against Opposing Counsel as Privies When Based on the Same Transaction: Commentary on Zirvi v. Illumina, Inc. (3d Cir. 2025) Introduction In this...

Compassionate Release Is Not a Backdoor § 2255: Third Circuit Clarifies Limits on Ruan-Based Trial Error, Parental Caregiving, and Medical Hardship

Date: Oct 31, 2025

Compassionate Release Is Not a Backdoor § 2255: Third Circuit Clarifies Limits on Ruan-Based Trial Error, Parental Caregiving, and Medical Hardship Case: United States v. William O’Brien, III, No....

Third Circuit Declines En Banc Review, Leaving Intact Anderson–Burdick Invalidation of Pennsylvania’s Mail‑In Ballot Date Requirement Despite New State Notice‑and‑Cure Mandate

Date: Oct 28, 2025

Third Circuit Declines En Banc Review, Leaving Intact Anderson–Burdick Invalidation of Pennsylvania’s Mail‑In Ballot Date Requirement Despite New State Notice‑and‑Cure Mandate Case: Bette Eakin v....

Parker v. NJMVC: Essential Eligibility Controls Title II and §504; No Pre‑Deprivation Hearing Required for Safety‑Driven CDL Passenger/School‑Bus Endorsement Revocations

Date: Oct 28, 2025

Parker v. NJMVC: Essential Eligibility Controls Title II and §504; No Pre‑Deprivation Hearing Required for Safety‑Driven CDL Passenger/School‑Bus Endorsement Revocations Introduction In a...

Previous Next