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
31
2019
Third Circuit Upholds Health Plan’s Anti-Assignment Clause Proskauer Rose LLP
Aug
25
2015
Third Circuit Upholds FTC’s Data Security Authority in FTC v. Wyndham Covington & Burling LLP
Oct
19
2012
Third Circuit Upholds Finding of Antitrust Liability for Above-Cost Pricing Arrangement Mintz
Feb
16
2017
Third Circuit Upholds Dismissal of Indirect Purchaser Class in Auto Transmission Case, Revives Individual Claims McDermott Will & Emery
Aug
21
2019
Third Circuit Upholds Decision Blocking Trump Administration’s Birth Control Rules McDermott Will & Emery
Sep
4
2020
Third Circuit Upholds Cramdown, Downplays Subordination Agreement Mintz
Jun
13
2014
Third Circuit to Putative Class Action Plaintiffs: No Receipt, No Class Certification Proskauer Rose LLP
May
25
2021
Third Circuit to Consider Class Certification Issues Percolating in ERISA Fee Litigation Jackson Lewis P.C.
May
8
2017
Third Circuit Tells Construction Suppliers to “Play by the Rules” of Bankruptcy Squire Patton Boggs (US) LLP
Apr
5
2022
Third Circuit Takes Supreme Court Cue and Rejects “Implied” Union Contracts Proskauer Rose LLP
Jul
12
2016
Third Circuit Takes Narrow View of PII Under Video Privacy Protection Act Covington & Burling LLP
Oct
29
2021
Third Circuit Takes an Anti-Platform View in Interpreting the Communications Decency Act, Creating a Circuit Split Wilson Elser Moskowitz Edelman & Dicker LLP
Nov
22
2016
Third Circuit Supports Enforcement of Make-Whole Premium ArentFox Schiff LLP
Nov
11
2012
Third Circuit Strikes Down Historic Tax Credit Deal Katten
Dec
6
2017
Third Circuit Splits with the Seventh Over Standing To Sue For Alleged Inefficient Design of Eye Drop Dispenser Proskauer Rose LLP
Oct
31
2014
Third Circuit Sizes Up Dodd-Frank’s Anti-Arbitration Provision Proskauer Rose LLP
Sep
8
2015
Third Circuit Sides with FTC in Data Security Dispute with Wyndham Morgan, Lewis & Bockius LLP
Apr
2
2019
Third Circuit Shreds Plaintiff’s Credit Card Receipt Case On Standing Grounds Proskauer Rose LLP
Jul
12
2010
Third Circuit sets forth the criteria to support the imposition of an injunction related to a non-compete agreement. Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jul
20
2021
Third Circuit Sends Questions Regarding Medical Device Liability to Pennsylvania Supreme Court for Review Wilson Elser Moskowitz Edelman & Dicker LLP
Jan
8
2020
Third Circuit Schools District Court on Workplace Class Certification Barnes & Thornburg LLP
Feb
3
2017
Third Circuit Says “Last Call” for Employee Terminated After Caught Drinking While on FMLA “Bed Rest” Jackson Lewis P.C.
Mar
16
2015
Third Circuit Says Trucker Entitled to Overtime Proskauer Rose LLP
Sep
24
2019
Third Circuit Says the FCA Does Not Guarantee A Hearing When DOJ Seeks to Dismiss Declined FCA Cases Mintz
Mar
22
2024
Third Circuit Says Statutory Trusts are ‘Covered Persons' Under Consumer Financial Protection Act Katten
Sep
1
2015
Third Circuit Says FTC Can Regulate Corporate Cybersecurity Policies Sills Cummis & Gross P.C.
Aug
28
2015
Third Circuit Says ERISA Administrative Appeal Denial Letters Must State Plan-Imposed Time Limits Proskauer Rose LLP
Aug
7
2014
Third Circuit Says Classwide Arbitration a Matter for Courts to Decide 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
Jun
22
2010
Third Circuit Rules that the Issue of Whether the Arbitration Agreement Contained An Explicit Class Action Waiver is Within the Discretion of the District Court to Decide Goldberg Segalla LLP
Nov
28
2016
Third Circuit Rules That Make-Whole Claims of Energy Future’s Bondholders Are Enforceable in Chapter 11 Proceeding K&L Gates
Aug
2
2017
Third Circuit Rules That Johnson Controls Did Not Promise Lifetime Health Benefits Proskauer Rose LLP
Feb
11
2019
Third Circuit Rules That FAAAA Does Not Preempt New Jersey’s ABC Test for Determining Independent Contractor Status Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
16
2018
Third Circuit Rules that Employer-Friendly “But For” Causation Standard Applies to False Claims Act Retaliation Claims Mintz
Nov
2
2020
Third Circuit Rules That Disgorgement Is Not an Available Remedy Under the FTC Act Epstein Becker & Green, P.C.
 

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