3d Circuit Case Commentaries

Revocation and Reimposed, Time-Limited Internet/Social-Media Conditions Are Valid When Individually Tailored to Supervised-Release Violations and Reoffense Risk

Date: Aug 7, 2026

Revocation and Reimposed, Time-Limited Internet/Social-Media Conditions Are Valid When Individually Tailored to Supervised-Release Violations and Reoffense Risk Case: United States v. Randall Hayes...

Corrected Allocution Misapprehension and Deferential Review of a Below-Guidelines Child-Exploitation Sentence

Date: Aug 6, 2026

Corrected Allocution Misapprehension and Deferential Review of a Below-Guidelines Child-Exploitation Sentence Introduction In United States v. Tyleeya Williams (3d Cir. Aug. 5, 2026)...

“Abduction” Enhancement Applies to Forced Movement Within a Single Store When the Victims Are Relocated to a Distinct Area to Facilitate the Robbery

Date: Aug 6, 2026

“Abduction” Enhancement Applies to Forced Movement Within a Single Store When the Victims Are Relocated to a Distinct Area to Facilitate the Robbery Case: United States v. Jamal Gwaltney (Third...

Rooker-Feldman Bars Federal Injunctions Seeking to Vacate State Custody/Support Orders Despite Due-Process Framing

Date: Aug 6, 2026

Rooker-Feldman Bars Federal Injunctions Seeking to Vacate State Custody/Support Orders Despite Due-Process Framing Introduction In Eric Weiss v. Deborah Posner (3d Cir. Aug. 5, 2026)...

Affirmance on Alternative Grounds: Legitimate Penological Safety Reasons Defeat PREA-Based Retaliation and Related Claims at Summary Judgment

Date: Aug 6, 2026

Affirmance on Alternative Grounds: Legitimate Penological Safety Reasons Defeat PREA-Based Retaliation and Related Claims at Summary Judgment Introduction Ronald Alonzo v. Joe Terra (3d Cir. Aug. 5,...

Equitable Tolling Requires Concrete Diligence in EEOC Filings; Ethnic “Food/Language” Remarks Alone May Not Meet § 1981 Hostile-Environment Threshold

Date: Jul 29, 2026

Equitable Tolling Requires Concrete Diligence in EEOC Filings; Ethnic “Food/Language” Remarks Alone May Not Meet § 1981 Hostile-Environment Threshold 1. Introduction In Raymond Rodriguez v. Loyal...

Third Circuit: Even Where Rooker-Feldman/Younger May Not Dispose of a § 1983 Challenge to Family-Court Conduct, Immunities and § 1983 Merits Defects Require Dismissal—and Official-Capacity Sovereign-Immunity Dismissals Must Be Without Prejudice

Date: Jul 29, 2026

Third Circuit: Even Where Rooker-Feldman/Younger May Not Dispose of a § 1983 Challenge to Family-Court Conduct, Immunities and § 1983 Merits Defects Require Dismissal—and Official-Capacity...

Mandamus Denied Absent Undue Delay: Administrative Termination and Rule 17(c) Case-Management Disputes Must Be Litigated in the District Court

Date: Jul 29, 2026

Mandamus Denied Absent Undue Delay: Administrative Termination and Rule 17(c) Case-Management Disputes Must Be Litigated in the District Court Case: In re: Jayden Martin (Petitioners: Jayden Martin &...

Ambiguous Mistrial Record Cannot Overcome AEDPA Deference to a State Finding that the Defense Requested the Mistrial

Date: Jul 29, 2026

Ambiguous Mistrial Record Cannot Overcome AEDPA Deference to a State Finding that the Defense Requested the Mistrial 1. Introduction In Stanford Williams v. Superintendent Fayette SCI (3d Cir. July...

Third Circuit: § 1983 Challenges to Family-Court Proceedings Fail Absent State Action and Overcoming Judicial/Sovereign Immunity; Official-Capacity Sovereign-Immunity Dismissals Must Be Without Prejudice

Date: Jul 29, 2026

Third Circuit: § 1983 Challenges to Family-Court Proceedings Fail Absent State Action and Overcoming Judicial/Sovereign Immunity; Official-Capacity Sovereign-Immunity Dismissals Must Be Without...

Express Testing-Method Specifications Control: “85% Fatty Acids GC” Does Not Imply an Additional Purity/Non‑Adulteration Warranty

Date: Jul 29, 2026

Express Testing-Method Specifications Control: “85% Fatty Acids GC” Does Not Imply an Additional Purity/Non‑Adulteration Warranty 1. Introduction In Jiaherb Inc v. MTC Industries Inc (3d Cir. July...

Online “Readily Available” Coverage Selection Forms and E-Signatures Satisfy N.J. Stat. Ann. § 39:6A-23(a) via N.J.A.C. § 11:3-15.4(a)(2)

Date: Jul 29, 2026

Online “Readily Available” Coverage Selection Forms and E-Signatures Satisfy New Jersey Coverage-Selection Requirements (Third Circuit, Nonprecedential) Case: Alemah McMillian v. Geico Indemnity Co....

“Young Women in Guatemala” Is Not a Cognizable Particular Social Group Absent Record Evidence of Social Distinction

Date: Jul 25, 2026

“Young Women in Guatemala” Is Not a Cognizable Particular Social Group Absent Record Evidence of Social Distinction Case: Elodia Jimenez Diaz v. Attorney General United States of America (3d Cir....

Dismissal for Lack of Personal Jurisdiction Must Be Without Prejudice (and Merits Should Not Be Reached Absent Jurisdiction)

Date: Jul 25, 2026

Dismissal for Lack of Personal Jurisdiction Must Be Without Prejudice (and Merits Should Not Be Reached Absent Jurisdiction) 1. Introduction In John Gordon v. Greg Gordon (3d Cir. July 21, 2026) (not...

Diversity Cured by Dropping a Nondiverse Party; Contractual One-Year Suit Limitation Enforced; § 8371 Bad Faith Requires Clear-and-Convincing Proof

Date: Jul 25, 2026

Diversity Cured by Dropping a Nondiverse Party; Contractual One-Year Suit Limitation Enforced; § 8371 Bad Faith Requires Clear-and-Convincing Proof 1. Introduction Terrence Colbert v. Allstate...

Third Circuit Requires Causation-Grade Statistical Proof (Not Mere Correlation) to Establish Predominance in Pharmaceutical-Fraud RICO TPP Classes; Confirms Issue-Limiting Authority in Rule 23(f) Appeals — In re: Avandia Marketing (3d Cir. 2026)

Date: Jul 25, 2026

Third Circuit Requires Causation-Grade Statistical Proof (Not Mere Correlation) to Establish Predominance in Pharmaceutical-Fraud RICO TPP Classes; Confirms Issue-Limiting Authority in Rule 23(f)...

Third Circuit: Ordinary Rule 8 Plausibility Governs Title IX Discipline Claims, and Universities Cannot Evade Title IX by Recasting Sexualized Violence as “Personal Safety” Charges

Date: Jul 25, 2026

Third Circuit: Ordinary Rule 8 Plausibility Governs Title IX Discipline Claims, and Universities Cannot Evade Title IX by Recasting Sexualized Violence as “Personal Safety” Charges I. Introduction In...

Corrected-Affidavit Probable Cause and Objectively Reasonable Execution of Overbroad Premises Warrants in Multi-Unit Searches

Date: Jul 25, 2026

Corrected-Affidavit Probable Cause and Objectively Reasonable Execution of Overbroad Premises Warrants in Multi-Unit Searches 1. Introduction In Krystal Underwood v. Camden County Office of the...

“Affirmative Written Communication” Means What It Says: No Patent-Enforcement Standing for a Licensee Absent an Express Election Under Delaware Contract Law

Date: Jul 24, 2026

“Affirmative Written Communication” Means What It Says: No Patent-Enforcement Standing for a Licensee Absent an Express Election Under Delaware Contract Law Case: Ecolab Inc v. SC Johnson...

Third Circuit: Fraud Reports to Law Enforcement Are Absolutely Privileged and Do Not Create Specific Personal Jurisdiction; Personal-Jurisdiction Dismissals Must Be Without Prejudice

Date: Jul 24, 2026

Third Circuit: Fraud Reports to Law Enforcement Are Absolutely Privileged and Do Not Create Specific Personal Jurisdiction; Personal-Jurisdiction Dismissals Must Be Without Prejudice I. Introduction...