3d Circuit Case Commentaries

Relabeling Benefits as “Equity” Won’t Save a § 502(a)(3) Claim; § 105(a) Statements Need Not Include Vesting Date for Terminated Participants

Date: Oct 16, 2025

Relabeling Benefits as “Equity” Won’t Save a § 502(a)(3) Claim; § 105(a) Statements Need Not Include Vesting Date for Terminated Participants Court: United States Court of Appeals for the Third...

Proximity Is Not Probable Cause: The Third Circuit Affirms a Nexus Requirement for Warrantless Automobile Searches When Contraband Departs in a One-Way Transfer

Date: Oct 11, 2025

Proximity Is Not Probable Cause: The Third Circuit Affirms a Nexus Requirement for Warrantless Automobile Searches When Contraband Departs in a One-Way Transfer Introduction In United States v. Diaz...

Proration Compelled: Third Circuit Holds First Step Act’s “for each year” Requires Pro-Rated Good-Conduct Time for Partial-Year Sentences

Date: Oct 10, 2025

Proration Compelled: Third Circuit Holds First Step Act’s “for each year” Requires Pro-Rated Good-Conduct Time for Partial-Year Sentences Introduction In a precedential opinion, the U.S. Court of...

No Outsourcing Escape Hatch: Third Circuit Holds States Remain Liable Under ADA Title II and the Rehabilitation Act for Prison Services Run by Private Contractors

Date: Oct 10, 2025

No Outsourcing Escape Hatch: States Remain Liable Under ADA Title II and the Rehabilitation Act for Prison Services Run by Private Contractors Introduction In a precedential opinion with sweeping...

Accessible Eviction Notice Required: Third Circuit Revives ADA/§504 Claims and Limits Quasi‑Judicial Immunity for Constables

Date: Oct 10, 2025

Accessible Eviction Notice Required: Third Circuit Revives ADA/§504 Claims and Limits Quasi‑Judicial Immunity for Constables Introduction In William Murphy v. State of Delaware Justices of the Peace,...

TCPA’s “Any Person” Robocall Ban Does Not Reach State Legislators Performing Legitimate Official Functions: Third Circuit Sets a Federalism-Grounded Limitation

Date: Oct 10, 2025

TCPA’s “Any Person” Robocall Ban Does Not Reach State Legislators Performing Legitimate Official Functions Commentary on Andrew R. Perrong v. Matthew Bradford, No. 24-1925 (3d Cir. Oct. 6, 2025)...

No Review Means No Review: Third Circuit Holds IRA § 1320f-7(2) Bars Challenges to CMS’s Product-Grouping and Other Steps in Drug Selection, and Upholds Guidance-Only Implementation Through 2028

Date: Oct 10, 2025

No Review Means No Review: Third Circuit Holds IRA § 1320f-7(2) Bars Challenges to CMS’s Product-Grouping and Other Steps in Drug Selection, and Upholds Guidance-Only Implementation Through 2028...

Including Profit in an Automaker’s “Destination Charge” Is Not Deceptive Under the NJCFA, and Manufacturers Owe No Disclosure Duty for Pass-Through Fees

Date: Oct 5, 2025

Including Profit in an Automaker’s “Destination Charge” Is Not Deceptive Under the NJCFA, and Manufacturers Owe No Disclosure Duty for Pass-Through Fees Introduction In BCR Carpentry LLC v. FCA US...

“Claim-and-Denial” Ripeness Rule for Takings Challenges to Pennsylvania’s Unclaimed Property Custody

Date: Oct 5, 2025

“Claim-and-Denial” Ripeness Rule for Takings Challenges to Pennsylvania’s Unclaimed Property Custody Case: Brian Dillow v. Treasurer of the Commonwealth of Pennsylvania Court: United States Court of...

Judicial Participation, Accurate Sentencing Warnings, and Time‑Limited Plea Offers Do Not Alone Render a Plea Involuntary: Commentary on Devine v. Commonwealth of Pennsylvania (3d Cir. 2025)

Date: Oct 5, 2025

Judicial Participation, Accurate Sentencing Warnings, and Time‑Limited Plea Offers Do Not Alone Render a Plea Involuntary Introduction This commentary examines the Third Circuit’s non-precedential...

Mailing, Not Receipt, Triggers FTCA’s Six‑Month Deadline; COVID-Era Office Mail Protocols Do Not Justify Equitable Tolling

Date: Oct 5, 2025

Mailing, Not Receipt, Triggers FTCA’s Six‑Month Deadline; COVID-Era Office Mail Protocols Do Not Justify Equitable Tolling Case: Margarita Marshall v. United States Post Office, United States Postal...

United States v. Vargas: Contextual Use of Informant Recordings Does Not Implicate the Confrontation Clause; Compulsory Process Requires a Plausible Showing of Favorability

Date: Oct 5, 2025

United States v. Vargas: Contextual Use of Informant Recordings Does Not Implicate the Confrontation Clause; Compulsory Process Requires a Plausible Showing of Favorability Introduction This...

United States v. Malcolm: Third Circuit affirms upward variance based on uncharged robberies and jail misconduct, clarifying § 924(c)/Guidelines interplay

Date: Oct 5, 2025

United States v. Malcolm: Third Circuit affirms upward variance based on uncharged robberies and jail misconduct, clarifying § 924(c)/Guidelines interplay Note: This Third Circuit disposition is “not...

Brown v. Monsalud: Third Circuit Reaffirms That Medical Treatment Disagreements Are Not Actionable Under ADA Title II and Do Not Constitute Eighth Amendment Deliberate Indifference

Date: Oct 4, 2025

Brown v. Monsalud: Third Circuit Reaffirms That Medical Treatment Disagreements Are Not Actionable Under ADA Title II and Do Not Constitute Eighth Amendment Deliberate Indifference Court: United...

Statutory Maximum as the Guidelines Sentence: Third Circuit Enforces Appeal Waiver and Approves Consecutive Stacking Under U.S.S.G. §§ 5G1.1(a) and 5G1.2(d) in an Anders Appeal

Date: Oct 4, 2025

Statutory Maximum as the Guidelines Sentence: Third Circuit Enforces Appeal Waiver and Approves Consecutive Stacking Under U.S.S.G. §§ 5G1.1(a) and 5G1.2(d) in an Anders Appeal Introduction In United...

Conspiracy Is Not Enough: Third Circuit Requires PSC Analysis to Include the Object Offense’s Elements

Date: Oct 4, 2025

Conspiracy Is Not Enough: Third Circuit Requires PSC Analysis to Include the Object Offense’s Elements Case: Jayeola Amos v. Attorney General United States of America (No. 22-2095) Court: United...

Reaffirming the Post-Ruan, Post-Burrage Framework: No Proximate Cause or Mens Rea for § 841(b)(1)(C) “Death Results”; Miranda Errors May Be Harmless

Date: Oct 2, 2025

Reaffirming the Post-Ruan, Post-Burrage Framework: No Proximate Cause or Mens Rea for § 841(b)(1)(C) “Death Results”; Miranda Errors May Be Harmless Introduction This nonprecedential Third Circuit...

Third Circuit Endorses the “Integral Use of Fire” Standard for 18 U.S.C. § 844(h)(1) in Insurance-Fraud Schemes: United States v. Randolph

Date: Oct 2, 2025

Third Circuit Endorses the “Integral Use of Fire” Standard for 18 U.S.C. § 844(h)(1) in Insurance-Fraud Schemes: United States v. Randolph Decision: United States v. Lashaumba O. Randolph, No....

Strict Liability Persists for § 841(b)(1)(C) “Death Results” After Ruan; No Need to Identify the Specific Fatal Bag When All Sources Trace to Defendants

Date: Oct 2, 2025

Strict Liability Persists for § 841(b)(1)(C) “Death Results” After Ruan; No Need to Identify the Specific Fatal Bag When All Sources Trace to Defendants United States v. Jeremy Edward Johnson; United...

Investigating Grand Jury Presentments Create Prima Facie Probable Cause in § 1983 False Arrest and Malicious Prosecution Claims—Omission of Exculpatory Evidence Does Not Rebut the Presumption

Date: Oct 1, 2025

Investigating Grand Jury Presentments Create Prima Facie Probable Cause in § 1983 False Arrest and Malicious Prosecution Claims—Omission of Exculpatory Evidence Does Not Rebut the Presumption Case:...

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