3d Circuit Case Commentaries

Likely RLUIPA Success Does Not Compel Preliminary Relief for a Future Religious Development

Date: Oct 22, 2026

Likely RLUIPA Success Does Not Compel Preliminary Relief for a Future Religious Development Case: Holy Trinity Ukrainian Catholic Church v. Township of Collier Court: United States Court of Appeals...

Mortgage Forbearance Disputes: Limits on Federal Claims Against a Private Bank Holding Company

Date: Oct 18, 2026

Mortgage Forbearance Disputes: Limits on Federal Claims Against a Private Bank Holding Company Case: George Arsenis v. Blue Foundry Bancorp, No. 25-1410 Court: United States Court of Appeals for the...

Natural Gas Act Review of State Water Permits Uses the Federal Arbitrary-and-Capricious Standard

Date: Oct 17, 2026

Natural Gas Act Review of State Water Permits Uses the Federal Arbitrary-and-Capricious Standard Case: Delaware Riverkeeper Network v. Pennsylvania Environmental Hearing Board Court: United States...

Pleading Operational Control and Obvious Demolition Risks: Limits on Contractor-Injury Claims Before Discovery

Date: Oct 17, 2026

Pleading Operational Control and Obvious Demolition Risks: Limits on Contractor-Injury Claims Before Discovery Case: Lisa Debar v. FirstEnergy Corp., No. 25-2006 Court: United States Court of Appeals...

Pleading Sufficiency and Harmless Error in Denying Amendment as of Right

Date: Oct 17, 2026

Pleading Sufficiency and Harmless Error in Denying Amendment as of Right Case: Michael Robinson v. Sample News Group LLC Court: United States Court of Appeals for the Third Circuit Decision date:...

Statutory Precedent Survives Loper Bright: New York Child Sexual Abuse Remains an INA Aggravated Felony

Date: Oct 17, 2026

Statutory Precedent Survives Loper Bright: New York Child Sexual Abuse Remains an INA Aggravated Felony Case: Sofiqul Islam v. Attorney General United States of America Court: United States Court of...

New Evidentiary Grounds Require Trial Objections; Nonprejudicial Trial and Sentencing Errors Do Not Require Reversal

Date: Oct 17, 2026

New Evidentiary Grounds Require Trial Objections; Nonprejudicial Trial and Sentencing Errors Do Not Require Reversal Commentary on United States v. Darnell Jackson United States Court of Appeals for...

A Recidivist DUI Conviction Does Not Alone Justify Permanent Firearm Disarmament

Date: Oct 16, 2026

A Recidivist DUI Conviction Does Not Alone Justify Permanent Firearm Disarmament Commentary on Edward Williams v. Attorney General United States of America United States Court of Appeals for the...

Violent or Threatening Convictions Can Presumptively Justify Disarmament at the Indictment Stage

Date: Oct 16, 2026

Violent or Threatening Convictions Can Presumptively Justify Disarmament at the Indictment Stage Commentary on United States v. James Bost United States Court of Appeals for the Third Circuit, en...

Clear-Error Review Requires the BIA to Confront, Not Rewrite, an Immigration Judge’s CAT Findings

Date: Sep 26, 2026

Clear-Error Review Requires the BIA to Confront, Not Rewrite, an Immigration Judge’s CAT Findings Case: Jose Lorenzo Lemus Palma v. Attorney General United States of America Court: United States...

Disputed Seller Knowledge and Buyer Reliance Preclude Summary Judgment in a Business Sale

Date: Sep 25, 2026

Disputed Seller Knowledge and Buyer Reliance Preclude Summary Judgment in a Business Sale Case: TFB Midatlantic 4 LLC v. The Local Car Wash Inc | Court: U.S. Court of Appeals for the Third Circuit |...

Repeated Unauthorized Removals Can Justify a Tailored Filing Injunction

Date: Sep 24, 2026

Repeated Unauthorized Removals Can Justify a Tailored Filing Injunction HSBC Bank USA v. Dae Sung Shim | U.S. Court of Appeals for the Third Circuit | September 21, 2026 Precedential status: The...

Parallel Conduct Is Not Enough to Plead a Federal Civil-Rights Conspiracy; State-Law Claims Must Be Dismissed Without Prejudice When Supplemental Jurisdiction Is Declined

Date: Sep 23, 2026

Parallel Conduct Is Not Enough to Plead a Federal Civil-Rights Conspiracy; State-Law Claims Must Be Dismissed Without Prejudice When Supplemental Jurisdiction Is Declined 1. Introduction In Carolyn...

Pedagogical “Approach” Is an Unprotectable Idea: Thin Copyright in Educational Course Materials and Early Dismissal Absent Substantial Similarity in Protectable Expression

Date: Sep 22, 2026

Pedagogical “Approach” Is an Unprotectable Idea: Thin Copyright in Educational Course Materials and Early Dismissal Absent Substantial Similarity in Protectable Expression Nonprecedential posture....

Plain-Error Limits: Unpreserved Confrontation and Sufficiency Claims Fail Absent a “Clear Legal Norm”

Date: Sep 22, 2026

Plain-Error Limits: Unpreserved Confrontation and Sufficiency Claims Fail Absent a “Clear Legal Norm” 1. Introduction United States v. Bolaji Bolarinwa (3d Cir. Sept. 18, 2026) concerns convictions...

Third Circuit: Warrant (or Exigency) Required for Strip Searches Incident to Arrest Outside Jail/Prison Intake

Date: Sep 22, 2026

Third Circuit: Warrant (or Exigency) Required for Strip Searches Incident to Arrest Outside Jail/Prison Intake I. Introduction In Kyle Beatty v. Clinton Gardner (3d Cir. Sept. 16, 2026), the Third...

Title-Insurance Damages Use Market Value of Title “As Insured” (Not Current Use) and Mandatory Prejudgment Interest Runs From the Policy’s Payment-Due Date

Date: Sep 22, 2026

Title-Insurance Damages Use Market Value of Title “As Insured” (Not Current Use) and Mandatory Prejudgment Interest Runs From the Policy’s Payment-Due Date 1. Introduction In Hayden Holdings, Ltd v....

No Partial PPP Forgiveness for Corporate-Group-Cap Violations Under SBA’s Corporate Group Rule

Date: Sep 22, 2026

No Partial PPP Forgiveness for Corporate-Group-Cap Violations Under SBA’s Corporate Group Rule Introduction In Celebrity of Springfield LLC v. SBA, the U.S. Court of Appeals for the Third Circuit...

Adverse Credibility Upheld Where Inconsistencies Are Material and Testimony Is Implausible; Unraised CAT Arguments Are Forfeited

Date: Sep 22, 2026

Adverse Credibility Upheld Where Inconsistencies Are Material and Testimony Is Implausible; Unraised CAT Arguments Are Forfeited 1. Introduction In Arianne Bracho Hernandez v. Attorney General United...

Child-Welfare Investigations: Warrantless Home Entry Requires Consent, Warrant, or Imminent-Danger Exigency; “Dodd” Removals Satisfy Due Process Only When Constitutional Imminent Harm Exists

Date: Sep 22, 2026

Child-Welfare Investigations: Warrantless Home Entry Requires Consent, Warrant, or Imminent-Danger Exigency; “Dodd” Removals Satisfy Due Process Only When Constitutional Imminent Harm Exists I....