3d Circuit Case Commentaries

Third Circuit: Zip-Code “Golden Ticket” Admissions and Racial Proportionality Evidence Can Trigger Arlington Heights Strict Scrutiny; “Before-and-After” and Individual Harm Evidence Permitted

Date: Feb 4, 2026

Third Circuit: Zip-Code “Golden Ticket” Admissions and Racial Proportionality Evidence Can Trigger Arlington Heights Strict Scrutiny; “Before-and-After” and Individual Harm Evidence Permitted...

“Likely” Is Not “Reasonably Certain”: Forfeiture of Obvious-Causation and Strict Medical-Certainty Proof of Causation in Pennsylvania Personal-Injury Product Cases

Date: Feb 2, 2026

“Likely” Is Not “Reasonably Certain”: Forfeiture of Obvious-Causation and Strict Medical-Certainty Proof of Causation in Pennsylvania Personal-Injury Product Cases 1. Introduction In Joseph Riad v....

Settlement-Meeting Disclosures Can Trigger UFTA Inquiry Notice and Start the One-Year Discovery Limitations Period

Date: Feb 2, 2026

Settlement-Meeting Disclosures Can Trigger UFTA Inquiry Notice and Start the One-Year Discovery Limitations Period Court: United States Court of Appeals for the Third Circuit Date: January 30, 2026...

Forfeiture on Review, Late-Evidence Deadlines, and Due Process Bias Claims in Non-LPR Cancellation Cases

Date: Feb 2, 2026

Forfeiture on Review, Late-Evidence Deadlines, and Due Process Bias Claims in Non-LPR Cancellation Cases 1. Introduction In David Camargo Gomez v. Attorney General United States of America (3d Cir....

Hopes of Leniency Are Not Brady/Giglio Material: No Disclosure Duty Without an Actual Pretrial Leniency Understanding

Date: Feb 2, 2026

Hopes of Leniency Are Not Brady/Giglio Material: No Disclosure Duty Without an Actual Pretrial Leniency Understanding Introduction In Rafael Mueses Popote, the United States Court of Appeals for the...

United States v. Abrams: General Rule 29 Motions Do Not Preserve Later-Articulated Sufficiency Theories; MVRA § 3663A(b)(4) Does Not Authorize Restitution for Attorneys’ Fees

Date: Feb 2, 2026

United States v. Abrams: General Rule 29 Motions Do Not Preserve Later-Articulated Sufficiency Theories; MVRA § 3663A(b)(4) Does Not Authorize Restitution for Attorneys’ Fees Court: U.S. Court of...

Third Circuit: (1) Bare Rule 29 Motions Do Not Preserve Later-Articulated Sufficiency Theories; (2) MVRA § 3663A(b)(4) Does Not Authorize Restitution for Attorneys’ Fees — United States v. James P. Abrams

Date: Feb 2, 2026

Third Circuit: Bare Rule 29 Motions Do Not Preserve Later-Articulated Sufficiency Arguments, and MVRA § 3663A(b)(4) Does Not Permit Restitution for Victims’ Attorneys’ Fees Case: United States v....

Self-Defense Does Not Bar § 2K2.1(b)(6)(B) Enhancement Where Deadly Force Was Unreasonable and Retreat Was Available—Especially for a Felon in Illegal Possession

Date: Feb 1, 2026

Self-Defense Does Not Bar § 2K2.1(b)(6)(B) Enhancement Where Deadly Force Was Unreasonable and Retreat Was Available—Especially for a Felon in Illegal Possession 1. Introduction United States v....

CHRIA § 9125 Applies When an Employer Receives Self-Disclosed Conviction Information

Date: Jan 31, 2026

CHRIA § 9125 Applies When an Employer Receives Self-Disclosed Conviction Information 1. Introduction In Rodney Phath v. Central Transport LLC (3d Cir. Jan. 28, 2026), the U.S. Court of Appeals for...

Comparator Specificity and Retaliation Causation: No Prima Facie ADEA/PHRA Case Without Truly Similar Comparators or a Causally Suggestive Timeline

Date: Jan 29, 2026

Comparator Specificity and Retaliation Causation: No Prima Facie ADEA/PHRA Case Without Truly Similar Comparators or a Causally Suggestive Timeline Introduction In William Richter v. Duquesne...

Title VII “Reasonable Accommodation” Must Be Reasonable for the Employee, and “Undue Hardship” Is Generally Not Resolved on a Motion to Dismiss

Date: Jan 29, 2026

Title VII “Reasonable Accommodation” Must Be Reasonable for the Employee, and “Undue Hardship” Is Generally Not Resolved on a Motion to Dismiss Case: Theodore Federoff v. Geisinger Clinic Court:...

Qualified Immunity Bars COVID-19 Nursing-Home Policy Damages Claims Absent Fact-Specific, Clearly Established Authority

Date: Jan 29, 2026

Qualified Immunity Bars COVID-19 Nursing-Home Policy Damages Claims Absent Fact-Specific, Clearly Established Authority Introduction In Estate of Frances D. DeRosa v. Philip Murphy (3d Cir. Jan. 23,...

Insurer’s Proof of a Valid Named Driver Exclusion at Summary Judgment (and Why Duplicative “Contractual Bad Faith” Fails) Under Pennsylvania Law

Date: Jan 29, 2026

Insurer’s Proof of a Valid Named Driver Exclusion at Summary Judgment (and Why Duplicative “Contractual Bad Faith” Fails) Under Pennsylvania Law Introduction In Jill Durkin v. State Farm Mutual...

Federal Courts Must Determine CSA Illegality Before Enforcing Marijuana-Adjacent Consulting Contracts

Date: Jan 29, 2026

Federal Courts Must Determine CSA Illegality Before Enforcing Marijuana-Adjacent Consulting Contracts I. Introduction In Apical Biotek LLC v. Maitri Holdings LLC (3d Cir. Jan. 22, 2026)...

Individualized Threat Evidence Required: Generalized Gang Violence and Country Conditions Alone Do Not Establish Asylum, Withholding, or CAT Relief

Date: Jan 29, 2026

Individualized Threat Evidence Required: Generalized Gang Violence and Country Conditions Alone Do Not Establish Asylum, Withholding, or CAT Relief Case: Erika Urquilla-Pereira v. Attorney General...

Rule 60 Is Not a Substitute for Appeal, and Case-Limited Filing Injunctions May Follow Repetitive Postjudgment Motions with Adequate Notice

Date: Jan 29, 2026

Rule 60 Is Not a Substitute for Appeal, and Case-Limited Filing Injunctions May Follow Repetitive Postjudgment Motions with Adequate Notice 1. Introduction In Zia Shaikh v. New Jersey Department of...

Implicit-Agreement Proof and No Constructive Amendment from Isolated “Substantive Offense” Misstatements in § 1956(h) Conspiracy Trials

Date: Jan 29, 2026

Implicit-Agreement Proof and No Constructive Amendment from Isolated “Substantive Offense” Misstatements in § 1956(h) Conspiracy Trials Introduction In United States v. Christopher Lopez (3d Cir....

Inconsistencies Support Adverse Credibility; Gang Extortion Alone Is Not Persecution; CAT Requires Specific Risk of Being Singled Out

Date: Jan 28, 2026

Inconsistencies Support Adverse Credibility; Gang Extortion Alone Is Not Persecution; CAT Requires Specific Risk of Being Singled Out Introduction In Consuelo de Maria Mejia Romero v. Attorney...

Bank Fraud Under 18 U.S.C. § 1344(2) Requires No Intent to Defraud the Bank; the Carmack Amendment Is No Defense to Fabricated Shipping Claims

Date: Jan 23, 2026

Bank Fraud Under 18 U.S.C. § 1344(2) Requires No Intent to Defraud the Bank; the Carmack Amendment Is No Defense to Fabricated Shipping Claims Introduction United States v. Zumar DuBose (Third...

Upward Variance to Statutory Maximum Upheld Based on Persistent Reoffending and Post-Release Misconduct: United States v. Shiheem Amos

Date: Jan 22, 2026

Upward Variance to Statutory Maximum Upheld Based on Persistent Reoffending and Post-Release Misconduct: United States v. Shiheem Amos 1. Introduction In United States v. Shiheem Amos (3d Cir. Jan....