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  • Commentaries
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3d Circuit Case Commentaries

Section 666 in the Territories: Third Circuit Affirms that Commissioners of Statutorily “Independent” Agencies Are Government Agents and Federal Block Grants Are “Benefits”

Section 666 in the Territories: Third Circuit Affirms that Commissioners of Statutorily “Independent” Agencies Are Government Agents and Federal Block Grants Are “Benefits”

Date: Sep 13, 2025
Section 666 in the Territories: Third Circuit Affirms that Commissioners of Statutorily “Independent” Agencies Are Government Agents and Federal Block Grants Are “Benefits” Case: United States v....
No Duty to Exhaustively Vet Citizen-Witness Backgrounds; Probable Cause Sustained by Partial Corroboration and Reconstructed Affidavit — United States v. Larnerd (3d Cir. 2025)

No Duty to Exhaustively Vet Citizen-Witness Backgrounds; Probable Cause Sustained by Partial Corroboration and Reconstructed Affidavit — United States v. Larnerd (3d Cir. 2025)

Date: Sep 13, 2025
No Duty to Exhaustively Vet Citizen-Witness Backgrounds; Probable Cause Sustained by Partial Corroboration and Reconstructed Affidavit — United States v. Larnerd (3d Cir. 2025) Introduction In United...
Qualified Immunity Does Not Shield Malicious Prosecution Built on Manufactured Evidence: Third Circuit’s Evans v. Newark

Qualified Immunity Does Not Shield Malicious Prosecution Built on Manufactured Evidence: Third Circuit’s Evans v. Newark

Date: Sep 13, 2025
Qualified Immunity Does Not Shield Malicious Prosecution Built on Manufactured Evidence Commentary on Lee Evans v. Newark City, Nos. 23-1723 & 23-1724 (3d Cir. Sept. 12, 2025) Introduction This...
Unapproved Class Settlements Don’t Moot Previously Granted Injunctive Relief: Third Circuit Affirms Permanent Injunction Despite Delay and Minor Drafting Errors

Unapproved Class Settlements Don’t Moot Previously Granted Injunctive Relief: Third Circuit Affirms Permanent Injunction Despite Delay and Minor Drafting Errors

Date: Sep 13, 2025
Unapproved Class Settlements Don’t Moot Previously Granted Injunctive Relief: Third Circuit Affirms Permanent Injunction Despite Delay and Minor Drafting Errors Case: Vaudral Luxama v. Ironbound...
Images and Mentions Are Not Enough: Third Circuit Clarifies “Of and Concerning” and Reaffirms Opinion/Substantial-Truth Shields for Political Commentary

Images and Mentions Are Not Enough: Third Circuit Clarifies “Of and Concerning” and Reaffirms Opinion/Substantial-Truth Shields for Political Commentary

Date: Sep 13, 2025
Images and Mentions Are Not Enough: Third Circuit Clarifies “Of and Concerning” and Reaffirms Opinion/Substantial-Truth Shields for Political Commentary Case: Nina Jankowicz v. Fox News Network LLC...
Pre-enforcement Excessive Fines Challenges to IRA §5000D Excise Tax Are Barred by the Anti-Injunction and Declaratory Judgment Acts; Voluntariness of Medicare Drug Price Negotiations Reaffirmed

Pre-enforcement Excessive Fines Challenges to IRA §5000D Excise Tax Are Barred by the Anti-Injunction and Declaratory Judgment Acts; Voluntariness of Medicare Drug Price Negotiations Reaffirmed

Date: Sep 12, 2025
Pre-enforcement Excessive Fines Challenges to IRA §5000D Excise Tax Are Barred by the Anti-Injunction and Declaratory Judgment Acts; Voluntariness of Medicare Drug Price Negotiations Reaffirmed...
No Country-Conditions Hardship When Children Remain in the U.S.: The Third Circuit’s Post‑Wilkinson Roadmap for Reviewing Cancellation of Removal and Enforcing Exhaustion

No Country-Conditions Hardship When Children Remain in the U.S.: The Third Circuit’s Post‑Wilkinson Roadmap for Reviewing Cancellation of Removal and Enforcing Exhaustion

Date: Sep 12, 2025
No Country-Conditions Hardship When Children Remain in the U.S.: The Third Circuit’s Post‑Wilkinson Roadmap for Reviewing Cancellation of Removal and Enforcing Exhaustion Introduction In Edin Samuel...
Principles, Not Twins: The Third Circuit’s Sensitive-Places Framework After Bruen and Rahimi — Koons v. Attorney General of New Jersey

Principles, Not Twins: The Third Circuit’s Sensitive-Places Framework After Bruen and Rahimi — Koons v. Attorney General of New Jersey

Date: Sep 11, 2025
Principles, Not Twins: The Third Circuit’s Sensitive-Places Framework After Bruen and Rahimi Commentary on Koons v. Attorney General New Jersey (3d Cir. Sept. 10, 2025) Introduction In Koons v....
Internal Affairs, Not Foreign Receivers, Controls Bankruptcy Authority; Product‑Line Successor Claims Are Property of the Estate — A Comprehensive Commentary on In re Whittaker Clark & Daniels, Inc. (3d Cir. 2025)

Internal Affairs, Not Foreign Receivers, Controls Bankruptcy Authority; Product‑Line Successor Claims Are Property of the Estate — A Comprehensive Commentary on In re Whittaker Clark & Daniels, Inc. (3d Cir. 2025)

Date: Sep 11, 2025
Internal Affairs, Not Foreign Receivers, Controls Bankruptcy Authority; Product‑Line Successor Claims Are Property of the Estate A comprehensive commentary on In re Whittaker Clark & Daniels, Inc.,...
Compatibility and Proximity Control: Third Circuit Reaffirms LCM Capability Under § 2K2.1(a)(3), Applies Perez’s Close‑Proximity Presumption, and Rejects Probationer’s Second Amendment Challenge

Compatibility and Proximity Control: Third Circuit Reaffirms LCM Capability Under § 2K2.1(a)(3), Applies Perez’s Close‑Proximity Presumption, and Rejects Probationer’s Second Amendment Challenge

Date: Sep 11, 2025
Compatibility and Proximity Control: Third Circuit Reaffirms LCM Capability Under § 2K2.1(a)(3), Applies Perez’s Close‑Proximity Presumption, and Rejects Probationer’s Second Amendment Challenge...
Principles-Based Sensitive-Places Doctrine: Third Circuit Upholds Most Location Bans, Invalidates Insurance Mandate and Private-Property Default in Koons v. Attorney General of New Jersey

Principles-Based Sensitive-Places Doctrine: Third Circuit Upholds Most Location Bans, Invalidates Insurance Mandate and Private-Property Default in Koons v. Attorney General of New Jersey

Date: Sep 11, 2025
Principles-Based Sensitive-Places Doctrine: Third Circuit Upholds Most Location Bans, Invalidates Insurance Mandate and Private-Property Default in Koons v. Attorney General of New Jersey...
Nonjurisdictional Filing Defects and Estate Ownership of Product‑Line Successor Claims: Third Circuit’s Guidance in In re Whittaker Clark & Daniels

Nonjurisdictional Filing Defects and Estate Ownership of Product‑Line Successor Claims: Third Circuit’s Guidance in In re Whittaker Clark & Daniels

Date: Sep 11, 2025
Nonjurisdictional Filing Defects and Estate Ownership of Product‑Line Successor Claims: Third Circuit’s Guidance in In re Whittaker Clark & Daniels Introduction The Third Circuit’s precedential...
Whittaker Clarifies: Filing Authority Is Nonjurisdictional, Sister‑State Receivers Cannot Strip a Board’s Bankruptcy Power, and Product‑Line Successor Claims Belong to the Estate

Whittaker Clarifies: Filing Authority Is Nonjurisdictional, Sister‑State Receivers Cannot Strip a Board’s Bankruptcy Power, and Product‑Line Successor Claims Belong to the Estate

Date: Sep 11, 2025
Whittaker Clarifies: Filing Authority Is Nonjurisdictional, Sister‑State Receivers Cannot Strip a Board’s Bankruptcy Power, and Product‑Line Successor Claims Belong to the Estate Introduction In a...
Third Circuit Reaffirms Strict Timeliness and Excusable-Neglect Limits on Rule 60 Relief in Bankruptcy Claim Expungements

Third Circuit Reaffirms Strict Timeliness and Excusable-Neglect Limits on Rule 60 Relief in Bankruptcy Claim Expungements

Date: Sep 10, 2025
Third Circuit Reaffirms Strict Timeliness and Excusable-Neglect Limits on Rule 60 Relief in Bankruptcy Claim Expungements Introduction In a non-precedential opinion, the United States Court of...
Third Circuit Clarifies Pickering: Speculation and Routine Complaints Are Insufficient “Disruption” to Punish Off‑Campus Faculty Speech

Third Circuit Clarifies Pickering: Speculation and Routine Complaints Are Insufficient “Disruption” to Punish Off‑Campus Faculty Speech

Date: Sep 9, 2025
Third Circuit Clarifies Pickering: Speculation and Routine Complaints Are Insufficient “Disruption” to Punish Off‑Campus Faculty Speech Introduction This precedential decision from the U.S. Court of...
Charge-Specific Probable Cause Not Clearly Established Pre‑Chiaverini: Third Circuit Affirms Dismissal, Applying Any‑Crime Rule to False Arrest and Qualified Immunity to Malicious Prosecution and False Imprisonment

Charge-Specific Probable Cause Not Clearly Established Pre‑Chiaverini: Third Circuit Affirms Dismissal, Applying Any‑Crime Rule to False Arrest and Qualified Immunity to Malicious Prosecution and False Imprisonment

Date: Sep 8, 2025
Charge-Specific Probable Cause Not Clearly Established Pre‑Chiaverini: Third Circuit Affirms Dismissal, Applying Any‑Crime Rule to False Arrest and Qualified Immunity to Malicious Prosecution and...
Disclosed Destination Charges Are Not Deceptive Per Se: Third Circuit Affirms Futility of Consumer‑Protection and Unjust‑Enrichment Claims Without Plausible Causation or Direct Benefit

Disclosed Destination Charges Are Not Deceptive Per Se: Third Circuit Affirms Futility of Consumer‑Protection and Unjust‑Enrichment Claims Without Plausible Causation or Direct Benefit

Date: Sep 8, 2025
Disclosed Destination Charges Are Not Deceptive Per Se: Third Circuit Affirms Futility of Consumer‑Protection and Unjust‑Enrichment Claims Without Plausible Causation or Direct Benefit Introduction...
No State “Need” Veto of FERC–Approved RTO Projects: Third Circuit Clarifies Supremacy Clause Limits on Siting Decisions

No State “Need” Veto of FERC–Approved RTO Projects: Third Circuit Clarifies Supremacy Clause Limits on Siting Decisions

Date: Sep 8, 2025
No State “Need” Veto of FERC–Approved RTO Projects: Third Circuit Clarifies Supremacy Clause Limits on Siting Decisions Introduction This precedential decision from the U.S. Court of Appeals for the...
Voluntariness as a Constitutional Safe Harbor: Third Circuit Upholds IRA Drug Price Negotiation Against Takings and Compelled‑Speech Challenges

Voluntariness as a Constitutional Safe Harbor: Third Circuit Upholds IRA Drug Price Negotiation Against Takings and Compelled‑Speech Challenges

Date: Sep 8, 2025
Voluntariness as a Constitutional Safe Harbor: Third Circuit Upholds IRA Drug Price Negotiation Against Takings and Compelled‑Speech Challenges Introduction In Bristol Myers Squibb Co. v. Secretary...
Economic Pressure Is Not Legal Compulsion: Third Circuit Upholds IRA Drug Price Negotiations Against Takings and Compelled‑Speech Challenges

Economic Pressure Is Not Legal Compulsion: Third Circuit Upholds IRA Drug Price Negotiations Against Takings and Compelled‑Speech Challenges

Date: Sep 8, 2025
Economic Pressure Is Not Legal Compulsion: Third Circuit Upholds IRA Drug Price Negotiations Against Takings and Compelled‑Speech Challenges Introduction In a precedential opinion with national...
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