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  • Commentaries
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3d Circuit Case Commentaries

Defendant’s Autonomy to Contest or Concede Individual Substantive Elements: Third Circuit Bars Counsel from Stipulating Over Client’s Objection; Old Chief/Rehaif Interface Clarified; § 922(g)(1) Not Plainly Unconstitutional

Defendant’s Autonomy to Contest or Concede Individual Substantive Elements: Third Circuit Bars Counsel from Stipulating Over Client’s Objection; Old Chief/Rehaif Interface Clarified; § 922(g)(1) Not Plainly Unconstitutional

Date: Sep 8, 2025
Defendant’s Autonomy to Contest or Concede Individual Substantive Elements: Third Circuit Bars Counsel from Stipulating Over Client’s Objection; Old Chief/Rehaif Interface Clarified; § 922(g)(1) Not...
No “Naked” Remands in Social Security Appeals: Third Circuit Reaffirms that § 405(g) Remands Must Be Either a Merits Judgment under Sentence Four or a Good‑Cause Remand under Sentence Six

No “Naked” Remands in Social Security Appeals: Third Circuit Reaffirms that § 405(g) Remands Must Be Either a Merits Judgment under Sentence Four or a Good‑Cause Remand under Sentence Six

Date: Sep 8, 2025
No “Naked” Remands in Social Security Appeals: Third Circuit Reaffirms that § 405(g) Remands Must Be Either a Merits Judgment under Sentence Four or a Good‑Cause Remand under Sentence Six...
Preclusion, Not Rooker‑Feldman, Governs Post‑Foreclosure Bankruptcy Litigation: Third Circuit’s Two‑Part Clarification for When Rooker‑Feldman Applies in Bankruptcy

Preclusion, Not Rooker‑Feldman, Governs Post‑Foreclosure Bankruptcy Litigation: Third Circuit’s Two‑Part Clarification for When Rooker‑Feldman Applies in Bankruptcy

Date: Sep 8, 2025
Preclusion, Not Rooker‑Feldman, Governs Post‑Foreclosure Bankruptcy Litigation: Third Circuit’s Two‑Part Clarification for When Rooker‑Feldman Applies in Bankruptcy Introduction In a precedential...
Strict PLRA Exhaustion Through SOIGA and Rule 21 Dismissal of Unidentified Defendants: Commentary on Johnson v. Bienkowski (3d Cir. 2025)

Strict PLRA Exhaustion Through SOIGA and Rule 21 Dismissal of Unidentified Defendants: Commentary on Johnson v. Bienkowski (3d Cir. 2025)

Date: Sep 8, 2025
Strict PLRA Exhaustion Through SOIGA and Rule 21 Dismissal of Unidentified Defendants: Commentary on Johnson v. Bienkowski (3d Cir. 2025) Introduction This commentary examines the Third Circuit’s...
No Exhaustion, No Case: Third Circuit Reaffirms Strict PLRA Compliance and Permits Dismissal of Unidentified Defendants under Rule 21

No Exhaustion, No Case: Third Circuit Reaffirms Strict PLRA Compliance and Permits Dismissal of Unidentified Defendants under Rule 21

Date: Sep 8, 2025
No Exhaustion, No Case: Third Circuit Reaffirms Strict PLRA Compliance and Permits Dismissal of Unidentified Defendants under Rule 21 Introduction In Armoni Johnson v. Bienkoski, Nos. 24-1049 &...
Civil-Rights Removal Revisited: Invoking 28 U.S.C. § 1443 Permits Full Appellate Review of Remand Orders, but ADA-Based Arguments Do Not Qualify

Civil-Rights Removal Revisited: Invoking 28 U.S.C. § 1443 Permits Full Appellate Review of Remand Orders, but ADA-Based Arguments Do Not Qualify

Date: Sep 8, 2025
Civil-Rights Removal Revisited: Invoking 28 U.S.C. § 1443 Permits Full Appellate Review of Remand Orders, but ADA-Based Arguments Do Not Qualify Introduction This commentary analyzes the Third...
No Duty to Disclose Early‑Stage Government Investigations as “Reasonably Possible” Liabilities: Third Circuit Aligns §10(b) with ASC 450 and the Supreme Court’s Half‑Truth Doctrine

No Duty to Disclose Early‑Stage Government Investigations as “Reasonably Possible” Liabilities: Third Circuit Aligns §10(b) with ASC 450 and the Supreme Court’s Half‑Truth Doctrine

Date: Sep 2, 2025
No Duty to Disclose Early‑Stage Government Investigations as “Reasonably Possible” Liabilities: Third Circuit Aligns §10(b) with ASC 450 and the Supreme Court’s Half‑Truth Doctrine Introduction The...
Cross‑Study “Establishment” Claims: Third Circuit Clarifies That Side‑by‑Side Superiority Messaging Is Literally False Absent Reliable Comparability—and That Damages Still Require Proof of Actual Deception and Reliance

Cross‑Study “Establishment” Claims: Third Circuit Clarifies That Side‑by‑Side Superiority Messaging Is Literally False Absent Reliable Comparability—and That Damages Still Require Proof of Actual Deception and Reliance

Date: Sep 2, 2025
Cross‑Study “Establishment” Claims: Third Circuit Clarifies That Side‑by‑Side Superiority Messaging Is Literally False Absent Reliable Comparability—and That Damages Still Require Proof of Actual...
Cross‑Study “Establishment” Claims in Scientific Advertising: Literal Falsity by Necessary Implication Absent Proven Comparability, and No Lanham Act Damages Without Proof of Actual Deception

Cross‑Study “Establishment” Claims in Scientific Advertising: Literal Falsity by Necessary Implication Absent Proven Comparability, and No Lanham Act Damages Without Proof of Actual Deception

Date: Sep 2, 2025
Cross‑Study “Establishment” Claims in Scientific Advertising: Literal Falsity by Necessary Implication Absent Proven Comparability, and No Lanham Act Damages Without Proof of Actual Deception Case:...
Post-Loper Bright, Circuit Precedent Controls: Third Circuit Reaffirms Jordon’s Sequencing Rule for Former § 1432(a)(3) and Holds BIA Self-Certification Denials Unreviewable

Post-Loper Bright, Circuit Precedent Controls: Third Circuit Reaffirms Jordon’s Sequencing Rule for Former § 1432(a)(3) and Holds BIA Self-Certification Denials Unreviewable

Date: Aug 31, 2025
Post-Loper Bright, Circuit Precedent Controls: Third Circuit Reaffirms Jordon’s Sequencing Rule for Former § 1432(a)(3) and Holds BIA Self-Certification Denials Unreviewable Introduction In...
No Double Disgorgement: Third Circuit Bars Duplicate Profit Awards Across Overlapping Trade‑Secret and Unfair‑Competition Claims; Clarifies Rule 50 Forfeiture and “Use” Proof Under the DTSA

No Double Disgorgement: Third Circuit Bars Duplicate Profit Awards Across Overlapping Trade‑Secret and Unfair‑Competition Claims; Clarifies Rule 50 Forfeiture and “Use” Proof Under the DTSA

Date: Aug 31, 2025
No Double Disgorgement: Third Circuit Bars Duplicate Profit Awards Across Overlapping Trade‑Secret and Unfair‑Competition Claims; Clarifies Rule 50 Forfeiture and “Use” Proof Under the DTSA...
State Law Controls Attorney Charging Liens in MDLs: Third Circuit Endorses Pennsylvania’s Recht Causation Test and Rejects McKenzie-Based Fee-Splitting for Former Counsel in NFL Concussion Awards

State Law Controls Attorney Charging Liens in MDLs: Third Circuit Endorses Pennsylvania’s Recht Causation Test and Rejects McKenzie-Based Fee-Splitting for Former Counsel in NFL Concussion Awards

Date: Aug 31, 2025
State Law Controls Attorney Charging Liens in MDLs: Third Circuit Endorses Pennsylvania’s Recht Causation Test and Rejects McKenzie-Based Fee-Splitting for Former Counsel in NFL Concussion Awards...
No-Count Rule for Undated Mail Ballots Fails Anderson-Burdick: Third Circuit Requires Evidence-Backed Justifications for Even Minimal Voting Burdens

No-Count Rule for Undated Mail Ballots Fails Anderson-Burdick: Third Circuit Requires Evidence-Backed Justifications for Even Minimal Voting Burdens

Date: Aug 31, 2025
No-Count Rule for Undated Mail Ballots Fails Anderson-Burdick: Third Circuit Requires Evidence-Backed Justifications for Even Minimal Voting Burdens Case: Bette Eakin v. Adams County Board of...
No Eighth Amendment or ADA Violation Where Restrictive Housing of a Mentally Ill Inmate Is Tied to Specific Security Risks, Regular Review, Step‑Down Programming, and Ongoing Mental‑Health Care

No Eighth Amendment or ADA Violation Where Restrictive Housing of a Mentally Ill Inmate Is Tied to Specific Security Risks, Regular Review, Step‑Down Programming, and Ongoing Mental‑Health Care

Date: Aug 31, 2025
No Eighth Amendment or ADA Violation Where Restrictive Housing of a Mentally Ill Inmate Is Tied to Specific Security Risks, Regular Review, Step‑Down Programming, and Ongoing Mental‑Health Care...
The Services-and-Infrastructure Test: Third Circuit Clarifies FELA’s Reach and Excludes Urban Rapid Transit from “Railroad” Status

The Services-and-Infrastructure Test: Third Circuit Clarifies FELA’s Reach and Excludes Urban Rapid Transit from “Railroad” Status

Date: Aug 31, 2025
The Services-and-Infrastructure Test: Third Circuit Clarifies FELA’s Reach and Excludes Urban Rapid Transit from “Railroad” Status Introduction This precedential decision from the U.S. Court of...
Particularity by Incorporation and the Seizure–Search Divide for Digital Devices: Lessons from Shotwell v. Delaware DSHS (3d Cir. 2025)

Particularity by Incorporation and the Seizure–Search Divide for Digital Devices: Lessons from Shotwell v. Delaware DSHS (3d Cir. 2025)

Date: Aug 31, 2025
Particularity by Incorporation and the Seizure–Search Divide for Digital Devices: Lessons from Shotwell v. Delaware DSHS (3d Cir. 2025) Court: U.S. Court of Appeals for the Third Circuit...
Third Circuit Cabins CFAA to Code‑Based Hacking and Holds Passwords Are Not Trade Secrets: Commentary on NRA Group LLC v. Durenleau

Third Circuit Cabins CFAA to Code‑Based Hacking and Holds Passwords Are Not Trade Secrets: Commentary on NRA Group LLC v. Durenleau

Date: Aug 31, 2025
Third Circuit Cabins CFAA to Code‑Based Hacking and Holds Passwords Are Not Trade Secrets Introduction In a precedential opinion with wide‑ranging consequences for computer‑misuse and trade secret...
Victim Identification Trumps Recantation and Officer Subjectivity in Probable Cause Analysis: Commentary on Tim Burton v. Marc Ziegler (3d Cir. 2025)

Victim Identification Trumps Recantation and Officer Subjectivity in Probable Cause Analysis: Commentary on Tim Burton v. Marc Ziegler (3d Cir. 2025)

Date: Aug 31, 2025
Victim Identification Trumps Recantation and Officer Subjectivity in Probable Cause Analysis: Commentary on Tim Burton v. Marc Ziegler (3d Cir. 2025) Court: United States Court of Appeals for the...
Resisting-Arrest Pleas Do Not Blanket-Authorize Police Force: Third Circuit Requires a Complete Record—Including Bodycam Footage—Before Summary Judgment in Excessive-Force Cases

Resisting-Arrest Pleas Do Not Blanket-Authorize Police Force: Third Circuit Requires a Complete Record—Including Bodycam Footage—Before Summary Judgment in Excessive-Force Cases

Date: Aug 29, 2025
Resisting-Arrest Pleas Do Not Blanket-Authorize Police Force: Third Circuit Requires a Complete Record—Including Bodycam Footage—Before Summary Judgment in Excessive-Force Cases Introduction In...
Third Circuit clarifies de novo review of Rule 60(d)(1) dismissals and reaffirms broad transactional claim preclusion in serial fee litigation

Third Circuit clarifies de novo review of Rule 60(d)(1) dismissals and reaffirms broad transactional claim preclusion in serial fee litigation

Date: Aug 29, 2025
Third Circuit clarifies de novo review of Rule 60(d)(1) dismissals and reaffirms broad transactional claim preclusion in serial fee litigation Case: Law Offices of Bruce J. Chasan, LLC v. John Pierce...
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