3d Circuit Case Commentaries

Affirming Asset-Freeze Preliminary Injunctions to Protect a Money Judgment Where Successor Liability (De Facto Merger) and Asset Dissipation Are Shown

Date: Jan 11, 2026

Affirming Asset-Freeze Preliminary Injunctions to Protect a Money Judgment Where Successor Liability (De Facto Merger) and Asset Dissipation Are Shown Case: Rivertown TCI, L.P. v. Mark Stiffler...

Rule 4(m) Service as a Threshold Bar to Pre-Enforcement Seventh Amendment Challenges to FINRA Proceedings

Date: Jan 11, 2026

Rule 4(m) Service as a Threshold Bar to Pre-Enforcement Seventh Amendment Challenges to FINRA Proceedings Introduction In D. Blankenship v. Financial Industry Regulatory Authority (3d Cir. Jan. 8,...

Rule 36 Limits: Correct the Record to the Statute of Conviction (Not Later Renumbered Subsections) and Permit PSR Clerical Corrections “At Any Time”

Date: Jan 11, 2026

Rule 36 Limits: Correct the Record to the Statute of Conviction (Not Later Renumbered Subsections) and Permit PSR Clerical Corrections “At Any Time” I. Introduction In United States v. William...

Hotel Checkout Ends Fourth Amendment Privacy: No Objectively Reasonable Expectation Five Hours After Checkout Absent Late-Checkout Arrangement

Date: Jan 10, 2026

Hotel Checkout Ends Fourth Amendment Privacy: No Objectively Reasonable Expectation Five Hours After Checkout Absent Late-Checkout Arrangement 1. Introduction In United States v. Ryan Mendoza (3d...

Acquitted Conduct After U.S.S.G. § 1B1.3(c): Still Usable Under § 3553(a) and § 1B1.4; “Significant” Collateral Consequences for the Concurrent Sentence Doctrine Must Be Concrete and Non‑Speculative

Date: Jan 10, 2026

Acquitted Conduct After U.S.S.G. § 1B1.3(c): Still Usable Under § 3553(a) and § 1B1.4; “Significant” Collateral Consequences for the Concurrent Sentence Doctrine Must Be Concrete and Non‑Speculative...

U.S.S.G. § 1B1.3(c) Limits Acquitted-Conduct Use Only in Guideline Calculations; Concurrent Sentence Doctrine Applies Absent Concrete, Non-Speculative Collateral Consequences

Date: Jan 10, 2026

U.S.S.G. § 1B1.3(c) Limits Acquitted-Conduct Use Only in Guideline Calculations; Concurrent Sentence Doctrine Applies Absent Concrete, Non-Speculative Collateral Consequences Case: United States v....

Deferral-as-Loss: Unpaid Bribery-Induced Lease Deferrals Count as Full “Loss/Benefit” Under U.S.S.G. § 2C1.1(b)(2), and Immunity-Testimony Prejudice Is Typically Cured by a Limiting Instruction

Date: Jan 10, 2026

Deferral-as-Loss: Unpaid Bribery-Induced Lease Deferrals Count as Full “Loss/Benefit” Under U.S.S.G. § 2C1.1(b)(2), and Immunity-Testimony Prejudice Is Typically Cured by a Limiting Instruction 1....

Rule 36 Limits: Clerical Corrections Must Reflect the Statute of Conviction (and PSRs Are Correctable “At Any Time”)

Date: Jan 10, 2026

Rule 36 Limits: Clerical Corrections Must Reflect the Statute of Conviction (and PSRs Are Correctable “At Any Time”) Case: United States v. William Baskerville (3d Cir. Jan. 8, 2026) (not...

Procedural Defects and Corporate-Form Arguments Do Not Defeat Younger Abstention in Quasi-Criminal State Usury Enforcement

Date: Jan 10, 2026

Procedural Defects and Corporate-Form Arguments Do Not Defeat Younger Abstention in Quasi-Criminal State Usury Enforcement I. Introduction In CCFI Companies, LLC v. Secretary Pennsylvania Department...

Younger Abstention Applies to Pennsylvania’s Quasi‑Criminal Usury Enforcement Despite Alleged Service/Naming Defects, and “Prospective” Federal Relief That Could Have Preclusive Effect Still Interferes

Date: Jan 10, 2026

Younger Abstention Applies to Pennsylvania’s Quasi‑Criminal Usury Enforcement Despite Alleged Service/Naming Defects, and “Prospective” Federal Relief That Could Have Preclusive Effect Still...

Procedural Defects and Corporate Affiliations Do Not Defeat Younger Abstention in Quasi‑Criminal State Usury Enforcement

Date: Jan 10, 2026

Procedural Defects and Corporate Affiliations Do Not Defeat Younger Abstention in Quasi‑Criminal State Usury Enforcement Decision: U.S. Court of Appeals for the Third Circuit (Jan. 7, 2026) (not...

Material Omissions on Immigration Benefit Requests Void “Lawful Admission” When They Shut Off a Relevant Line of Inquiry (Third Circuit)

Date: Jan 10, 2026

Material Omissions on Immigration Benefit Requests Void “Lawful Admission” When They Shut Off a Relevant Line of Inquiry Case: Ousmane Savane v. Secretary United States Department of Homeland Sec (3d...

Procedural Defects Do Not Defeat Younger Abstention in Pennsylvania’s Quasi‑Criminal Usury Enforcement, and “Prospective” Federal Relief May Still Interfere via Preclusion

Date: Jan 9, 2026

Procedural Defects Do Not Defeat Younger Abstention in Pennsylvania’s Quasi‑Criminal Usury Enforcement, and “Prospective” Federal Relief May Still Interfere via Preclusion 1. Introduction TMX Finance...

Express Delegation Upholds DOL Rule Barring Third-Party Employers from the FLSA Companionship Exemption

Date: Jan 9, 2026

Express Delegation Upholds DOL Rule Barring Third-Party Employers from the FLSA Companionship Exemption Case: Martin Walsh v. Wicare Home Care Agency, LLC (Third Circuit, Jan. 6, 2026) (not...

Felonies Clause Authority for the MDLEA Is Not Limited by International Law; No Evidentiary Hearing Required When MDLEA Jurisdiction Turns on Stipulated Facts

Date: Jan 8, 2026

Felonies Clause Authority for the MDLEA Is Not Limited by International Law; No Evidentiary Hearing Required When MDLEA Jurisdiction Turns on Stipulated Facts Case: United States v. Randar Vasquez...

Economic Motive Defeats Family-Based Nexus, and Not Every Citation to Matter of M-R-M-S- Requires Remand After Lopez

Date: Jan 8, 2026

Economic Motive Defeats Family-Based Nexus, and Not Every Citation to Matter of M-R-M-S- Requires Remand After Lopez Case: Minerva Carbajal-Recinos v. Attorney General United States of America (3d...

Clinical Remediation and Truthful Medical-Board Reporting, Without Concrete Harm, Do Not Supply an “Adverse Employment Action” or Retaliation Under Title VII

Date: Jan 8, 2026

Clinical Remediation and Truthful Medical-Board Reporting, Without Concrete Harm, Do Not Supply an “Adverse Employment Action” or Retaliation Under Title VII I. Introduction In Judy Pan v. Temple...

Judicial Immunity Persists Despite Alleged Appellate Divestiture of Trial-Court Authority Under Pa. R.A.P. 1701

Date: Jan 5, 2026

Judicial Immunity Persists Despite Alleged Appellate Divestiture of Trial-Court Authority Under Pa. R.A.P. 1701 Case: Walter Bernard v. Philip Ignelzi, No. 25-1245 Court: U.S. Court of Appeals for...

Rule 9019 Settlements in the Third Circuit: “Fair and Equitable” Approval Guided by Martin Factors and Estate-Economics Deference

Date: Jan 2, 2026

Rule 9019 Settlements in the Third Circuit: “Fair and Equitable” Approval Guided by Martin Factors and Estate-Economics Deference Introduction In re: U Lock, Inc. (3d Cir. Dec. 30, 2025) is a...

Competent Business-Records Declarations Can Prove Online Arbitration Assent Without Discovery Absent a Genuine Factual Dispute

Date: Jan 1, 2026

Competent Business-Records Declarations Can Prove Online Arbitration Assent Without Discovery Absent a Genuine Factual Dispute I. Introduction In Cody Simensky v. Experian Information Solutions, Inc....