3d Circuit Case Commentaries

CAFA Local-Controversy “Significant Basis” Requires a Complaint-Focused, Comparative Conduct Analysis; Jurisdictional Remand Characterization Bars § 1291 Review

Date: Aug 24, 2026

CAFA Local-Controversy “Significant Basis” Requires a Complaint-Focused, Comparative Conduct Analysis; Jurisdictional Remand Characterization Bars § 1291 Review 1. Introduction Parties and posture....

Claims-Made Coverage Barred by Unambiguous Prior-Knowledge Provision When Pre-Policy Events Create a Reasonable Basis to Expect a Claim

Date: Aug 24, 2026

Claims-Made Coverage Barred by Unambiguous Prior-Knowledge Provision When Pre-Policy Events Create a Reasonable Basis to Expect a Claim Case: Meshinsky & Associates LLC v. Continental Casualty Co...

Plain-Language Enforcement of “Prior Knowledge” Provisions Bars Coverage Under Claims-Made Professional Liability Policies

Date: Aug 24, 2026

Plain-Language Enforcement of “Prior Knowledge” Provisions Bars Coverage Under Claims-Made Professional Liability Policies 1. Introduction In Meshinsky & Associates LLC v. Continental Casualty Co...

Rooker-Feldman and Eleventh Amendment Dismissals Must Be Without Prejudice Even When Other Claims Fail on the Merits

Date: Aug 24, 2026

Rooker-Feldman and Eleventh Amendment Dismissals Must Be Without Prejudice Even When Other Claims Fail on the Merits 1. Introduction In Richard Silverberg v. DuPont De Nemours Inc. (Third Circuit,...

Renewal-Notice Clauses Apply Only to Insurer-Elected Nonrenewal, Not Insured’s Failure to Timely Accept a Renewal Offer

Date: Aug 24, 2026

Renewal-Notice Clauses Apply Only to Insurer-Elected Nonrenewal, Not Insured’s Failure to Timely Accept a Renewal Offer Introduction In Virgin Grand Estates #60 Villa Association v. Inter-Ocean...

Undue Hardship After Groff: Upholding Healthcare COVID-19 Vaccine Mandates and Excluding Unreliable Rebuttal Experts Under Rule 702

Date: Aug 22, 2026

Undue Hardship After Groff: Upholding Healthcare COVID-19 Vaccine Mandates and Excluding Unreliable Rebuttal Experts Under Rule 702 1. Introduction In Sara Slattery v. Main Line Health Inc (3d Cir....

Proffer-Waiver Expansion: Opening Statements That Advance Contradictory Factual Theories Trigger Rebuttal Use of Proffer Admissions

Date: Aug 21, 2026

Proffer-Waiver Expansion: Opening Statements That Advance Contradictory Factual Theories Trigger Rebuttal Use of Proffer Admissions Case: United States v. Jose Tavares (No. 25-1489) (3d Cir. Aug. 17,...

Mann Act § 2422(a) Covers “Johns” Who Financially Induce Interstate Travel for Prostitution; Self-Representation May Be Revoked for Waiver by Conduct

Date: Aug 21, 2026

Mann Act § 2422(a) Covers “Johns” Who Financially Induce Interstate Travel for Prostitution; Self-Representation May Be Revoked for Waiver by Conduct Case: United States v. Jose Torres (3d Cir. Aug....

Removal Stays Are Provisional: Petitioners Must Continuously Prove All Nken Factors, Including Jurisdiction and Procedural Viability

Date: Aug 21, 2026

Removal Stays Are Provisional: Petitioners Must Continuously Prove All Nken Factors, Including Jurisdiction and Procedural Viability Case: Jose Aristy-Rosa v. Attorney General United States of...

Reverse-Payment Antitrust Standing Requires Proof FDA Approval Would Have Occurred Earlier (Not Merely Could Have)

Date: Aug 14, 2026

Reverse-Payment Antitrust Standing Requires Proof FDA Approval Would Have Occurred Earlier (Not Merely Could Have) Case: In re: Lipitor Antitrust Litigation (3d Cir. Aug. 13, 2026) (Not Precedential)...

Reverse-Payment Antitrust Standing Requires Proof the FDA Would Have Approved Earlier (Not Merely Could Have)

Date: Aug 14, 2026

Reverse-Payment Antitrust Standing Requires Proof the FDA Would Have Approved Earlier (Not Merely Could Have) Case: In re: Lipitor Antitrust Litigation (3d Cir. Aug. 13, 2026) (not precedential) Core...

Reverse-Payment Antitrust Standing Requires Proof the FDA “Would Have” Approved Earlier (Not Merely “May Have”)

Date: Aug 14, 2026

Reverse-Payment Antitrust Standing Requires Proof the FDA “Would Have” Approved Earlier (Not Merely “May Have”) Case: In re: Lipitor Antitrust Litigation (3d Cir. Aug. 13, 2026) (Not Precedential)...

Stress Is Not an Adverse Employment Action: Post-Muldrow Identifiable-Term Harm and Unchanged Hostile-Environment Thresholds Under Title VII

Date: Aug 14, 2026

Stress Is Not an Adverse Employment Action: Post-Muldrow Identifiable-Term Harm and Unchanged Hostile-Environment Thresholds Under Title VII I. Introduction In Gersen Gabriel v. DSM Biomedical, Inc....

Reverse-Payment Standing Requires Proof the FDA Would Have Approved Earlier (Not Merely Could Have)

Date: Aug 14, 2026

Reverse-Payment Standing Requires Proof the FDA Would Have Approved Earlier (Not Merely Could Have) I. Introduction In re: Lipitor Antitrust Litigation (3d Cir. Aug. 13, 2026) is a Hatch-Waxman...

Reverse-Payment Antitrust Standing Requires Proof FDA Approval Would Have Occurred Earlier (Not Merely Might Have)

Date: Aug 14, 2026

Reverse-Payment Antitrust Standing Requires Proof FDA Approval Would Have Occurred Earlier (Not Merely Might Have) Introduction In re: Lipitor Antitrust Litigation (3d Cir. Aug. 13, 2026) arises from...

Government “Pivot” Advocacy and Plain-Error Limits on Plea-Agreement Breach Claims at Sentencing

Date: Aug 14, 2026

Government “Pivot” Advocacy and Plain-Error Limits on Plea-Agreement Breach Claims at Sentencing 1. Introduction In United States v. William Manderville (3d Cir. Aug. 13, 2026) (not precedential),...

Concrete “Would Have” FDA-Approval Proof Required for Antitrust Injury in Reverse-Payment (Pay-for-Delay) Cases

Date: Aug 14, 2026

Concrete “Would Have” FDA-Approval Proof Required for Antitrust Injury in Reverse-Payment (Pay-for-Delay) Cases 1. Introduction In re: Lipitor Antitrust Litigation (3d Cir. Aug. 13, 2026) arises from...

Reverse-Payment Antitrust Standing Requires Proof FDA Approval Would Have Been Earlier (Not Merely Could Have)

Date: Aug 14, 2026

Reverse-Payment Antitrust Standing Requires Proof FDA Approval Would Have Been Earlier (Not Merely Could Have) I. Introduction In re: Lipitor Antitrust Litigation (3d Cir. Aug. 13, 2026) arises from...

Timmons v. Bohinski: Sworn § 1746 Declarations Can Create a Triable PLRA “Unavailability by Intimidation” Dispute Under Rule 56

Date: Aug 13, 2026

Timmons v. Bohinski: Sworn § 1746 Declarations Can Create a Triable PLRA “Unavailability by Intimidation” Dispute Under Rule 56 1. Introduction In Brandon Timmons v. Bohinski (3d Cir. Aug. 12, 2026),...

Strickland Prejudice in § 2255 Requires a Concrete Showing that a Missed U.S.S.G. § 5G1.3(c) Concurrency Argument Would Likely Change the Sentencing Court’s Discretionary Choice

Date: Aug 12, 2026

Strickland Prejudice in § 2255 Requires a Concrete Showing that a Missed U.S.S.G. § 5G1.3(c) Concurrency Argument Would Likely Change the Sentencing Court’s Discretionary Choice 1. Introduction In...