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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Oct
16
2016
Federal Trade Commission's Pennsylvania Hospital Challenge Moves Forward: Third Circuit Halts Transaction Pending Trial Outcome Proskauer Rose LLP
Apr
18
2017
Third Circuit Revives In-House Attorney’s Whistleblower Claim Proskauer Rose LLP
Mar
8
2019
The Third Circuit Finds No Age Discrimination Related to Virgin Islands Law That Encouraged Long-Tenured Employees to Retire Proskauer Rose LLP
Jul
10
2019
Attacking Class Certification on a Motion to Dismiss? A Recent Decision Says There is a Way Proskauer Rose LLP
Feb
15
2023
Third Circuit Affirms Dismissal of Untimely SOX Whistleblower Claims Proskauer Rose LLP
Jul
5
2023
Pleading Artifices and CAFA Removal: Circuit Development Proskauer Rose LLP
Jun
13
2014
Third Circuit Adopts Less Demanding False Claims Act (FCA) Pleading Standard Proskauer Rose LLP
Sep
11
2014
New Jersey Federal Court Allows “Self-Help” Counterclaims Against Potential FCA Whistleblowers To Proceed Proskauer Rose LLP
Apr
22
2016
New York Court Enforces Forum Selection Clause in ERISA Plan Proskauer Rose LLP
Jun
1
2016
Parks’ Allegations Against “Finest” Franks Not In the “Ball Park” of False Advertising Claims Proskauer Rose LLP
May
13
2020
Pennsylvania Magistrate Judge Recommends Dismissal of SOX Whistleblower Claim for Lack of Protected Activity Proskauer Rose LLP
Jan
22
2015
Third Circuit Defines “Extraterritorial” Applicability of Federal Securities Laws in United States v. Georgiou Proskauer Rose LLP
Jul
21
2015
Third Circuit Rules That Actual Harm Needed for Monetary Equitable Remedy Proskauer Rose LLP
Oct
10
2015
Third Circuit Decision Could Have Broad Implications For Sentencing In Federal Fraud Cases Proskauer Rose LLP
Apr
22
2016
District Court Rules Johnson Controls Retirees Not Entitled to Lifetime Health Benefits Proskauer Rose LLP
May
31
2019
Third Circuit Upholds Health Plan’s Anti-Assignment Clause Proskauer Rose LLP
Aug
21
2019
Third Circuit Discusses Important Differences Between Board Observers and Directors Proskauer Rose LLP
Jan
10
2022
Third Circuit Rejects RICO Claim Filed Against Unions for Conduct During Corporate Campaign By Adopting A Union’s “Claim-of-Right" Defense Proskauer Rose LLP
May
10
2022
Creditors Ask Court to Enforce Bankruptcy Blocking Provision and Approve Creditor Created Plan During Exclusivity Period in PWM Management Proskauer Rose LLP
Oct
31
2014
Third Circuit Sizes Up Dodd-Frank’s Anti-Arbitration Provision Proskauer Rose LLP
Oct
31
2016
Westawski v. Merck & Co: Third Circuit Limits Protected Activity Under Sarbanes Oxley Proskauer Rose LLP
Jan
16
2020
Federal Appeals Court Vacates Arbitration Award, Concluding Arbitrator Issued Own “Brand of Industrial Justice” Proskauer Rose LLP
Sep
1
2020
Wealth Management Update: September 2020 Proskauer Rose LLP
Mar
20
2015
Fiduciary Breach Claim Based On Oral Representation Can Proceed Proskauer Rose LLP
May
15
2015
Third Circuit: Catalyst Theory of Recovery Applies to ERISA Fee Award Proskauer Rose LLP
Aug
25
2015
New Jersey District Court: Dodd-Frank Protects Internal Whistleblower Proskauer Rose LLP
Feb
23
2018
Third Circuit Deepens Circuit Split Over Test for “Top Hat” Status Under ERISA Proskauer Rose LLP
Apr
7
2020
Seventh Circuit Upholds Dismissal of 403(b) Plan Lawsuit Against Northwestern University in Apparent Split with Third Circuit Proskauer Rose LLP
May
4
2023
Dismissal Streak Continues in BlackRock Target Date Fund Litigation Proskauer Rose LLP
Jun
24
2014
Eastern District of Pennsylvania Limits Supreme Court’s SOX (Sarbanes Oxley) Whistleblower Decision Proskauer Rose LLP
Oct
21
2015
A Yarn Spun, But Advertising Not Tailored to a Lanham Act Claim Proskauer Rose LLP
Sep
8
2016
Third Circuit Court Enforces Forum Selection Clause Contained in ERISA Plan Proskauer Rose LLP
Jun
5
2017
Philadelphia Law Prohibiting Salary History Inquiries Survives Legal Challenge … For Now Proskauer Rose LLP
Jul
12
2017
E.D. Pennsylvania Dismisses Dodd-Frank Whistleblower Claim After Plaintiff Fails to Qualify as a Whistleblower Proskauer Rose LLP
Feb
23
2018
Third Circuit Analyzes Standing for ERISA Plan Management Claims Proskauer Rose LLP
 

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