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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Sep
14
2012
Federal Court Holds that FLSA’s “Fluctuating Workweek” Method Violates Pennsylvania Law Faegre Drinker
Sep
8
2012
Third Circuit Addresses The Notice An Employee Must Give Of Unforeseeable FMLA Leave Faegre Drinker
Aug
30
2012
Court Orders Cost-Shifting for Pre-Class Certification Discovery Morgan, Lewis & Bockius LLP
Aug
25
2012
United States District Court for the Eastern District of Pennsylvania Rules Evidence was Spoliated for Failure to Follow NFPA 921 Armstrong Teasdale
Aug
19
2012
Qui Tam Relator Not Original Source; U.S. ex rel. Repko v. Guthrie Clinic Mintz
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
Aug
10
2012
Private Challenges to Reverse Payment Settlement Allowed to Go Forward Morgan, Lewis & Bockius LLP
Jul
27
2012
U.S. Supreme Court to Hear Arguments in Case that Could Have Significant Impact on Strategies Available to Defend FLSA Collective Actions Faegre Drinker
Jul
14
2012
Who’s The Boss: Third Circuit Announces Joint Employer Test for FLSA Cases, Opening the Door to Broader Exposure to Wage and Hour Liability Faegre Drinker
Jun
29
2012
Supreme Court to Decide Whether Daubert Applies to Damages Models Offered in Support of Class Certification Greenberg Traurig, LLP
Mar
26
2012
FMLA Liability Expanded to Individual Supervisors Greenberg Traurig, LLP
Mar
23
2012
Loser Pays Most Electronic Discovery Costs? Not So Fast Morgan, Lewis & Bockius LLP
Feb
11
2012
Retail Did You Know? Third Circuit Rejects Key Parts of New Jersey’s Gift Card Grab Morgan, Lewis & Bockius LLP
Feb
3
2012
They're Using My Trademark On Their Out-Of-State Website, Can I Sue Them In My State? Giordano, Halleran & Ciesla, P.C.
Nov
8
2011
Federal appeals court upholds survivors’ right to automatic benefits under Black Lung Benefits Act U.S. Department of Labor
Nov
7
2011
Seller of George Forman Trademarks Down for the Count on Breach of Contract Claims McDermott Will & Emery
Oct
3
2011
How to Turn a Bankruptcy Reorganization Into an Insider Trading Charge Sheppard, Mullin, Richter & Hampton LLP
Aug
27
2011
Antitrust Agriculture Update: Mushroom Grower Direct Purchaser Litigation McDermott Will & Emery
Aug
24
2011
Antitrust Counterclaim in Patent Infringement Action Lacks Plausible Allegations of Competitive Injury Sheppard, Mullin, Richter & Hampton LLP
Jul
16
2011
Seven of Nine Circuits Now Recognize Implied False Certification Liability Under the False Claims Act von Briesen & Roper, s.c.
Jul
4
2011
Prejudgment Interest in Copyright Infringement Suit Tracks to Date of First Infringement - William A. Graham Co. v. Haughey McDermott Will & Emery
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
Jun
10
2011
U.S. Supreme Court to Consider Federal Preemption in Asbestos Suit Morgan, Lewis & Bockius LLP
May
29
2011
Prevailing Antitrust Defendants Recover $367,000 in e-Discovery Costs Sheppard, Mullin, Richter & Hampton LLP
May
11
2011
Third Circuit Limits Continuing Nuisance Exception to Statute of Limitations (SOL) Greenberg Traurig, LLP
Apr
30
2011
Successor Liability in an Asset Sale: Court Holds Purchaser Liable for Seller’s Delinquent Contributions to a Multiemployer Plan McDermott Will & Emery
Apr
23
2011
Purchaser May be Liable for Predecessor’s Unpaid Union Trust Fund Contributions Williams Kastner
Apr
5
2011
Insurer’s Alleged Failure to “Meaningfully Communicate” with its Insured Supports a Bad Faith Claim: “Is There a Duty to Translate when a Language Barrier Exists?” Johnson & Bell Ltd.
Mar
22
2011
The Year 2010 In Review: Contractor Licensing Sheppard, Mullin, Richter & Hampton LLP
Mar
20
2011
Recent Developments in Dispositive Motions: To Be or Not, Twombly? Greenberg Traurig, LLP
Mar
15
2011
The "Initial Interest Confusion" Test - Analysis and Proposal for a Sensible Formulation for Use on the Internet Saint Louis University School of Law
Feb
24
2011
Aspartame Class Action Dismissal Affirmed on Statute of Limitations Grounds Sheppard, Mullin, Richter & Hampton LLP
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.
Feb
22
2011
Caution: Discussions between Counsel and Client during a Deposition May Not Be Privileged
Jan
30
2011
A Peer Review Reminder to Take Caution with Documentation von Briesen & Roper, s.c.
Dec
9
2010
Restrictive Covenants: There is No Substitute for Careful Drafting Sills Cummis & Gross P.C.
Nov
30
2010
Municipalities Beware: The Perils of Enacting Immigration Ordinances and Know What Your Insurance Policy Covers Poyner Spruill LLP
Nov
28
2010
Third Circuit Refused to Apply Ledbetter to Promotion Claims Gibbons P.C.
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
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
Aug
30
2010
Third Circuit Holds That Mixed Present/Future Statements Are Protected By Reform Act Safe Harbor Sheppard, Mullin, Richter & Hampton 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
4
2010
Consider More Than An Employee’s Underlying Condition Under the Americans With Disabilities Act Poyner Spruill LLP
Jun
28
2010
Plaintiffs' Failure To Satisfy FTAIA's "Two-Step Dance" Results In Dismissal Of Foreign Purchase Claims 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
May
25
2010
Free Speech Rights of Students Present "Cyber-Troubles" Dinsmore & Shohl LLP
May
10
2010
Third Circuit: Difficulty Commuting to Work May Require Accommodation under the Americans with Disabilities Act Sills Cummis & Gross P.C.
Apr
9
2010
Federal Court in Pennsylvania Denies Motion to Enjoin Reinsurance Dispute and Allows Reinsurer's Offset Argument to Remain Goldberg Segalla LLP
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.
Jun
2
2009
Hydrogen Peroxide: The Third Circuit’s “Acid Test” For Class Certification
 

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