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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Mar
9
2017
Delaware Court of Chancery Holds that Cancellation of Shares Through Merger Deprives Stockholder of Standing in Section 220 Action Sheppard, Mullin, Richter & Hampton LLP
Dec
13
2023
Federal Circuit Evaluates Impact of the Final Written Decision (FWD) in a Parallel Inter-Partes Review (IPR) on District Court’s decision of Invalidity and Infringement Sheppard, Mullin, Richter & Hampton LLP
Oct
3
2011
How to Turn a Bankruptcy Reorganization Into an Insider Trading Charge Sheppard, Mullin, Richter & Hampton LLP
Aug
5
2014
When Goods Are Shipped from Overseas, When Are They Considered “Received by the Debtor” for Purposes of Asserting a Section 503(b)(9) Administrative Claim? Sheppard, Mullin, Richter & Hampton LLP
Oct
16
2019
Third Circuit Reversal a Pyrrhic Win for SEC in Ongoing Statute of Limitations Saga Sheppard, Mullin, Richter & Hampton LLP
Feb
24
2011
Aspartame Class Action Dismissal Affirmed on Statute of Limitations Grounds Sheppard, Mullin, Richter & Hampton LLP
Jun
29
2013
Unsecured Creditors Committee's Attack Upon Lender's Make-Whole Premium Denied Sheppard, Mullin, Richter & Hampton LLP
Aug
7
2014
Third Circuit Says Classwide Arbitration a Matter for Courts to Decide Sheppard, Mullin, Richter & Hampton LLP
Jun
30
2016
Lenders Cannot Prevent Borrowers From Filing Bankruptcy By Owning Minority Equity With Veto Power Over Borrower’s Decision To File Bankruptcy Sheppard, Mullin, Richter & Hampton LLP
Feb
1
2019
Third Circuit Rejects State’s Bid for Attorney’s Fees in Hospital Merger Dispute Sheppard, Mullin, Richter & Hampton LLP
Jun
4
2019
Federal Court “Discards” DOJ Interpretation Of Wire Act Sheppard, Mullin, Richter & Hampton LLP
Oct
27
2022
One Bad Apple Won’t Spoil the Rest of the Bunch’s Ability to Fairly Compete in Matthews International Corp. v. Lombardi Sheppard, Mullin, Richter & Hampton LLP
Jan
18
2023
What the Third Circuit’s Looming Decision Regarding Whether College Athletes Can Constitute “Employees” Will Mean for Universities and Employers of Unpaid Student Interns Sheppard, Mullin, Richter & Hampton LLP
May
10
2024
CFPB Settles Action Against Student Loan Servicer and Securitization Trusts Sheppard, Mullin, Richter & Hampton LLP
Oct
2
2023
Update – DOJ Declines to Intervene in Penn State Cyber-Related FCA Case Sheppard, Mullin, Richter & Hampton LLP
Mar
22
2011
The Year 2010 In Review: Contractor Licensing Sheppard, Mullin, Richter & Hampton LLP
Mar
27
2013
Who Owns Your Online Persona? Re: Social Media and Employment Litigation Sheppard, Mullin, Richter & Hampton LLP
Sep
8
2013
Third and Seventh Circuit Courts of Appeals Issue TCPA Decisions Sheppard, Mullin, Richter & Hampton LLP
Nov
3
2014
Agricultural Cooperative Antitrust Litigation Continues to Mushroom Sheppard, Mullin, Richter & Hampton LLP
Jul
4
2010
Consider More Than An Employee’s Underlying Condition Under the Americans With Disabilities Act Poyner Spruill LLP
Nov
30
2010
Municipalities Beware: The Perils of Enacting Immigration Ordinances and Know What Your Insurance Policy Covers Poyner Spruill LLP
Sep
10
2014
Can You Prove the Mail Was Delivered? If You Are Sending An FMLA Notice, the Answer Must Be Yes Poyner Spruill LLP
Apr
8
2014
New Jersey Federal Court Rejects Wyndham’s Challenge to Federal Trade Commission's (FTC) Data-Security Enforcement Authority Poyner Spruill LLP
Sep
16
2013
Lawsuits Against Creditors of NewPage Michael Best & Friedrich LLP
Nov
6
2015
Third Circuit Follows FCC’s Suit and Expands Definition of “Autodialer" Michael Best & Friedrich LLP
Sep
25
2015
Amgen At It Again – Sues Hospira For Not Wanting To Dance Over Biosimilar Michael Best & Friedrich LLP
Apr
6
2017
Different Privacy Protections for Different Folks: Employers Do Not Have Implied Duty to Safeguard Employee Personal Information Michael Best & Friedrich LLP
Jun
15
2011
Reining in Abuse of FMLA Leave: Court Dismisses FMLA Claim of Interference Based on Employee Termination for Having Vacationed in Cancún Michael Best & Friedrich LLP
Mar
10
2015
When Are Employer Releases Likely To Be Found Valid? Michael Best & Friedrich LLP
May
14
2018
Supreme Court Overturns Federal Ban on Sports Betting Dinsmore & Shohl LLP
May
28
2020
Removal Ruling Raises Questions about Where COVID-19-Related Business Interruption Claims Should be Heard Dinsmore & Shohl LLP
Aug
15
2012
Third Circuit vacates order granting the defendant leave to appeal an order remanding a class action case to state court where post-remand the state court dismissed the case Dinsmore & Shohl LLP
Jul
4
2015
Pennsylvania Federal Court Decision Opens Door for Use of “Functional Interrelatedness” Analysis to Aggregate Emissions for Permitting Purposes Dinsmore & Shohl LLP
May
25
2010
Free Speech Rights of Students Present "Cyber-Troubles" Dinsmore & Shohl LLP
Dec
5
2018
Watch Out for the Exclusions to Arbitration Womble Bond Dickinson (US) LLP
 

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