3d Circuit Case Commentaries

Clarifying Excludable Delay Under the Speedy Trial Act: From Filing to Hearing

Date: Apr 19, 2025

Clarifying Excludable Delay Under the Speedy Trial Act: From Filing to Hearing Introduction United States v. Kayla Fair and Zachariah Owens (3d Cir. Apr. 18, 2025) presented the Third Circuit with...

Res Judicata Bars Bankruptcy Objections for Unappealed Post-Judgment Payment Credits

Date: Apr 18, 2025

Res Judicata Bars Bankruptcy Objections for Unappealed Post-Judgment Payment Credits Introduction In In re: Gabriel Bravo, the Third Circuit addressed whether a debtor’s objection to a creditor’s...

Series-of-Acts Joinder Permitted for Similar Robbery Offenses Under Rule 8(b)

Date: Apr 17, 2025

Series-of-Acts Joinder Permitted for Similar Robbery Offenses Under Rule 8(b) Introduction The Third Circuit’s decision in United States v. Nickolas Passineau addresses whether two separate pharmacy...

Harmless Error Doctrine in Sentencing Guideline Calculations: United States v. Monte Barry

Date: Apr 17, 2025

Harmless Error Doctrine in Sentencing Guideline Calculations Introduction United States v. Monte Barry, decided April 16, 2025 by the Third Circuit, addresses the interplay between the Sentencing...

Section 107’s Primacy Over the Common-Law Right of Access in Bankruptcy Proceedings

Date: Apr 17, 2025

Section 107’s Primacy Over the Common-Law Right of Access in Bankruptcy Proceedings Introduction In In re: ESML Holdings Inc., DBA Mesabi Metallics Co. LLC (Nos. 23-2954 & 24-2265), the Third Circuit...

Clarifying the "Unable or Unwilling to Protect" Standard in Domestic Violence Asylum Claims

Date: Apr 17, 2025

Clarifying the "Unable or Unwilling to Protect" Standard in Domestic Violence Asylum Claims Introduction The Third Circuit’s decision in Mayra Lopez-Barrera v. Attorney General, United States of...

In re ESML Holdings Inc.: Bankruptcy Code § 107 Governs Sealing of Judicial Records

Date: Apr 17, 2025

In re ESML Holdings Inc.: Bankruptcy Code § 107 Governs Sealing of Judicial Records Introduction In this consolidated appeal—Nos. 23-2954 & 24-2265—the United States Court of Appeals for the Third...

Adler v. Gruma: FAA §1 Exemption for Interstate Distributors & New Jersey Choice-of-Law Principles

Date: Apr 17, 2025

Adler v. Gruma: FAA §1 Exemption for Interstate Distributors & New Jersey Choice-of-Law Principles Introduction In Charles Adler, et al. v. Gruma Corporation, the United States Court of Appeals for...

Clarifying Joinder and Evidence Admissibility in Serial Robbery Cases: United States v. Suggs

Date: Apr 17, 2025

Clarifying Joinder and Evidence Admissibility in Serial Robbery Cases: United States v. Suggs Introduction United States v. John Suggs, decided by the Third Circuit on April 16, 2025, addresses...

Rule 54(b) Finality: Fraud and Warranty as a Single Claim for Appeal

Date: Apr 16, 2025

Rule 54(b) Finality: Fraud and Warranty as a Single Claim for Appeal Introduction In Gustavo Diaz et al. v. FCA US LLC, the Third Circuit addressed the boundaries of final-order jurisdiction under 28...

After-Acquired Evidence Doctrine Bars Reinstatement and Backpay in CBA Arbitrations

Date: Apr 15, 2025

After-Acquired Evidence Doctrine Bars Reinstatement and Backpay in CBA Arbitrations Introduction Teamsters Local Union No. 355 v. Ensinger Penn Fibre, Inc. is a Third Circuit decision addressing the...

Vulnerable Victim Sentencing Enhancement for Grandparent Fraud Schemes

Date: Apr 15, 2025

Vulnerable Victim Sentencing Enhancement for Grandparent Fraud Schemes Introduction In United States v. Tarek Bouanane and Roderick Feurtado (3d Cir. Apr. 14, 2025), the Third Circuit Court of...

Sentencing Enhancement for Exploitation of Vulnerable Victims in Grandparent Scams under U.S.S.G. § 3A1.1(b)(1)

Date: Apr 15, 2025

Sentencing Enhancement for Exploitation of Vulnerable Victims in Grandparent Scams under U.S.S.G. § 3A1.1(b)(1) 1. Introduction The Third Circuit’s decision in United States v. Roderick Feurtado...

Reaffirming Felon-Status Knowledge Under § 922(g) and Prohibiting Double Punishment in Bank Robbery Charges

Date: Apr 12, 2025

Reaffirming Felon-Status Knowledge Under § 922(g) and Prohibiting Double Punishment in Bank Robbery Charges Introduction United States v. Leonard Gibbons is a Third Circuit decision issued on April...

Heightened FCA Pleading Standards: Materiality and Falsity in Fraudulent Inducement Claims

Date: Apr 11, 2025

Heightened FCA Pleading Standards: Materiality and Falsity in Fraudulent Inducement Claims Introduction The Third Circuit’s decision in Charles Bennett v. Bayer Corporation clarifies the rigorous...

Defining Undue Hardship: Title VII Accommodations and Mandatory COVID-19 Vaccination in Healthcare

Date: Apr 11, 2025

Defining Undue Hardship: Title VII Accommodations and Mandatory COVID-19 Vaccination in Healthcare Introduction In Joseph Bushra v. Main Line Health, Inc., No. 24-1117 (3d Cir. Apr. 10, 2025), Dr....

Establishing “Egregious Adverse Factor” Threshold in Asylum Discretion: Thankarasa Precedent

Date: Apr 11, 2025

Establishing “Egregious Adverse Factor” Threshold in Asylum Discretion: Thankarasa Precedent Introduction Jathursan Thankarasa v. Attorney General of the United States (3d Cir. Apr. 10, 2025)...

Voluntariness of Plea Unaffected by Misunderstanding of Armed Career Criminal Enhancement

Date: Apr 10, 2025

Voluntariness of Plea Unaffected by Misunderstanding of Armed Career Criminal Enhancement Introduction United States v. Sharif Layton is a Third Circuit decision addressing whether a federal inmate...

Permissible Family Intervention in Plea Decisions: Defining Coercion and Counsel Competence

Date: Apr 10, 2025

Permissible Family Intervention in Plea Decisions: Defining Coercion and Counsel Competence Introduction United States v. Marcus Akiem Ricketts (3rd Cir. Apr. 9, 2025) addresses whether a criminal...

Supportability and Consistency: Evaluating Medical Opinion Evidence Under 20 C.F.R. § 404.1520c in Social Security Disability Claims

Date: Apr 10, 2025

Supportability and Consistency: Evaluating Medical Opinion Evidence Under 20 C.F.R. § 404.1520c in Social Security Disability Claims Introduction In Susan Chung v. Commissioner of Social Security,...