3rd Circuit (incl. bankruptcy)

The United States Court of Appeals for the Third Circuit has appellate jurisdiction over several US states including: The District of Delaware, District of New Jersey, and the Districts of Eastern/Western/Middle Pennsylvania. The Third Circuit also manifests its jurisdictional power over the US Virgin Islands.

Unlike the 12-other circuit courts in the United States, the Third Circuit was created under the IV Amendment rather than the III, which the other courts were created under. There are a total of 11 courthouses in the Third Circuit. The main courthouse, for the Third Circuit is James A. Byrne United States Courthouse in Philadelphia, PA. The US District Court for Delaware is in Wilmington. The Eastern District of New Jersey is in Newark. In Pennsylvania, the Eastern District is in Philadelphia, Middle District in Scranton, and Western District sits in Pittsburgh. The District for the US Virgin Islands is in Charlotte Amalie, USVI.

The Third Circuit is highly influential in setting precedent and hearing cases which deal with major corporations. More than half of the major companies in the United States are incorporated in Delaware. Because of this lawsuit dealing with such corporations are typically heard by the District Court in the State. Cases where a state court lacks personal jurisdiction over individuals initiating a lawsuit typically go through the Circuit Courts.  

There are currently 14 active judges appointed under the Third Circuit and 11 senior judges. David Brooks Smith is the chief judge of the Third Circuit.

Several cases have been heard by the Third Circuit, a recent decision Piscataway School Board v Taxman (1996) was a case which dealt with racial-diversity. The ruling served as precedent for future Section VII of the Civil Rights Act of 1964 cases. This is just one of the many cases which has set judicial precedent for future cases in the District.  

The National Law Review covers litigation between major corporations and individual petitioners, bankruptcy proceedings, stockholder and derivative actions, appeals to the tax court, and bankruptcy petitions. Cases arising from Constitutional rights, federal duties, and cases which don’t fall under individual state courts’ jurisdiction are also highly covered on the website.

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May
29
2009
Third Circuit: Title VII Bars Discrimination Against Employees Who Had An Abortion
Jun
2
2009
Hydrogen Peroxide: The Third Circuit’s “Acid Test” For Class Certification
Feb
22
2011
Caution: Discussions between Counsel and Client during a Deposition May Not Be Privileged
Sep
1
2015
Third Circuit Says FTC Can Regulate Corporate Cybersecurity Policies Sills Cummis & Gross P.C.
Jul
9
2019
Merck Sharp & Dohme Corp. v. Albrecht: The U.S. Supreme Court Weighs In On Preemption Sills Cummis & Gross P.C.
Dec
9
2010
Restrictive Covenants: There is No Substitute for Careful Drafting Sills Cummis & Gross P.C.
Oct
30
2023
Atlantic City Hotels Turn Attention to Vegas Courthouse in Pricing Algorithms Case Sills Cummis & Gross P.C.
May
29
2009
Hostile Work Environment Claim Proceeds Despite False Job Application Sills Cummis & Gross P.C.
Apr
5
2010
Third Circuit: A Combination of Medical and Lay Evidence Can Establish “Serious Health Condition” Under The FMLA Sills Cummis & Gross P.C.
Feb
23
2011
Employers Beware of Conducting Self-Evaluative Assessments of Compliance with Employment Laws: HR Tip of the Month Sills Cummis & Gross P.C.
Oct
17
2015
Third Circuit Wades Into Intersection of IP and Antitrust: First gloss on FTC v. Actavis focuses on non-monetary branded-generic deals Sills Cummis & Gross P.C.
May
10
2010
Third Circuit: Difficulty Commuting to Work May Require Accommodation under the Americans with Disabilities Act Sills Cummis & Gross P.C.
Dec
7
2015
Illinois Supreme Court Victory, Restoring Key Lien Rights to Design Professionals Much Shelist, P.C.
Jun
28
2010
Plaintiffs' Failure To Satisfy FTAIA's "Two-Step Dance" Results In Dismissal Of Foreign Purchase Claims Sheppard, Mullin, Richter & Hampton LLP
Oct
26
2017
Short Rest Breaks are Compensable Under the FLSA Sheppard, Mullin, Richter & Hampton LLP
Sep
12
2013
Ninth Circuit Fumbles The Ball In Videogame Likeness Cases Sheppard, Mullin, Richter & Hampton LLP
Aug
30
2010
Third Circuit Holds That Mixed Present/Future Statements Are Protected By Reform Act Safe Harbor Sheppard, Mullin, Richter & Hampton LLP
Oct
3
2019
Third Circuit Holds that SLUSA Does Not Preclude Class Action Opt-Outs from Pursuing Individual Actions Sheppard, Mullin, Richter & Hampton LLP
Sep
20
2010
Third Circuit Rejects the "Fraud-Created-The-Market" Theory of Reliance in a Section 10(B) Private Securities Fraud Action Sheppard, Mullin, Richter & Hampton LLP
May
29
2011
Prevailing Antitrust Defendants Recover $367,000 in e-Discovery Costs Sheppard, Mullin, Richter & Hampton LLP
Mar
22
2024
Third Circuit Ruling Gives CFPB Green Light to Enforce Against Student Loan Trusts Sheppard, Mullin, Richter & Hampton LLP
Sep
28
2010
Second Circuit Rejects Application Of "Bespeaks Caution" Doctrine To Statement Containing Both Historical And Forward-Looking Elements Sheppard, Mullin, Richter & Hampton LLP
May
16
2016
Federal Trade Commission Suffers Setback in Campaign to Slow the Rising Tide of Healthcare Consolidations Sheppard, Mullin, Richter & Hampton LLP
Sep
14
2017
Video Game Network Patent Found to Be Patent Eligible – Not an Abstract Idea Sheppard, Mullin, Richter & Hampton LLP
Sep
11
2023
Recent Cyber-Related False Claims Act Activity Signals Contractors and Universities Should Examine Their Cybersecurity Practices and Brace for an Uptick in Enforcement Sheppard, Mullin, Richter & Hampton LLP
Sep
29
2015
FTC v. Wyndham: The Third Circuit Recognizes FTC Authority to Regulate Commercial Cyber Security Practices Sheppard, Mullin, Richter & Hampton LLP
Jan
3
2019
District Court Determines that the Eleventh Time is NOT the Charm Sheppard, Mullin, Richter & Hampton LLP
Oct
23
2013
Third Circuit Joins With the Seventh, Ninth and Eleventh Circuits in Holding That Plaintiffs Asserting 1933 Act Claims Need Not Plead Compliance With the Statute of Limitations, Splitting With the First, Eighth and Tenth Circuits Sheppard, Mullin, Richter & Hampton LLP
Nov
22
2016
Third Circuit Upholds The Enforceability Of Make-Whole Premiums In Post-Bankruptcy Context Sheppard, Mullin, Richter & Hampton LLP
Feb
9
2018
Temporal Proximity Is Not Enough: Third Circuit Nixes FCA/Anti-Kickback Suit For Failure To Link Alleged Scheme to Claims Sheppard, Mullin, Richter & Hampton LLP
Mar
9
2013
Third Circuit Reinforces Limits to Directors' Exposure for Misconduct by Corporate Employees Sheppard, Mullin, Richter & Hampton LLP
Feb
11
2023
Early 2023 Update: Where Are Plaintiffs Filing Patent Cases Now? Sheppard, Mullin, Richter & Hampton LLP
Aug
24
2011
Antitrust Counterclaim in Patent Infringement Action Lacks Plausible Allegations of Competitive Injury Sheppard, Mullin, Richter & Hampton LLP
Aug
19
2013
Equityholder's Strategy for Shifting Tax Burdens to Creditors Upheld by Third Circuit Sheppard, Mullin, Richter & Hampton LLP
Oct
28
2014
Recent Developments in Cases Dealing with the False Claims Act’s First-to-File and Public Disclosure Bars Sheppard, Mullin, Richter & Hampton LLP
 

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