3rd Circuit Precedential Opinions

US v. Concepcion - Cocaine Possession Intent to Distribute Ruling

The U.S. Court of Appeals for the Third Circuit affirmed a conviction for possession with intent to distribute cocaine. The court ruled that the district court did not err in refusing to instruct the jury on the lesser-included offense of simple possession, finding no rational jury could dispute the intent to distribute.

US v. Jerome Brown - Criminal Appeal

The Third Circuit Court of Appeals affirmed a district court's decision in the case of US v. Jerome Brown. The court found that while the district judge improperly participated in plea negotiations, the defendant did not suffer prejudice sufficient to vacate his plea. The appeal concerned drug trafficking and firearm possession charges.

USA v. Jerome Brown - Rehearing Granted

The Third Circuit Court of Appeals has granted a petition for panel rehearing in the case of USA v. Jerome Brown. The court vacated its prior opinion and judgment from December 11, 2025, and will issue an amended opinion and re-enter judgment. Rehearing en banc was denied.

Massey v. Borough of Bergenfield - Employment Discrimination Appeal

The Third Circuit Court of Appeals reversed a lower court's decision in Massey v. Borough of Bergenfield, finding that the plaintiff may have been subject to unlawful discrimination. The court struck down New Jersey's 'Background Circumstances Rule' as incompatible with state and federal anti-discrimination laws, potentially impacting future employment discrimination cases in the state.

RTI Restoration Technologies Inc v. International Painters Pension Fund - Withdrawal Liability

The Third Circuit Court of Appeals affirmed a district court's decision barring a multi-employer pension fund from collecting withdrawal liability from successor companies. The court found the fund's delay in demanding payment was prejudicial, barring its claim under the Multiemployer Pension Plan Amendments Act (MPPAA).

Essintial Enterprise Solutions LLC v. SBA - PPP Loan Forgiveness

The Third Circuit Court of Appeals reversed a lower court's decision, ruling that payments to independent contractors do not qualify as "payroll costs" for Paycheck Protection Program (PPP) loan forgiveness. This decision impacts how businesses that utilized PPP loans can claim forgiveness.

Abramowski v. Nuvei Corp - Court rejects tendered shares

The U.S. Court of Appeals for the Third Circuit affirmed a lower court's decision dismissing a lawsuit by shareholders who claimed Nuvei Corp. violated the SEC's Best Price Rule by rejecting their tendered shares. The court found the Best Price Rule is silent on whether tender offerors can enforce restrictions on tendered shares.

Knieling v. Fook - Maritime Injury Appeal

The Third Circuit Court of Appeals affirmed a lower court's decision in Knieling v. Fook, ruling that an injured seaman cannot recover future medical expenses if it is unclear what future treatments she may receive. The court upheld the award for past medical expenses and pain and suffering but denied future claims pending further clarity.

Defense Distributed v. NJ Attorney General - 3D-Printed Ghost Guns & First Amendment

The Third Circuit Court of Appeals ruled that purely functional computer code, such as that used to 3D-print firearms, may not be protected by the First Amendment. The court affirmed the dismissal of a lawsuit challenging New Jersey's prohibition on distributing such digital files to unlicensed individuals.

DLJ Mortgage Capital, Inc. v. Stevens - Foreclosure Appeal

The Third Circuit Court of Appeals affirmed a district court's decision in a foreclosure case involving DLJ Mortgage Capital, Inc. and the heirs of Carlton Stevens. The court found that the heirs forfeited their affirmative defenses by failing to raise them in response to a summary judgment motion.