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
26
2017
The FLSA and Your CBA: 3rd Circuit Finds Claims Were Not Subject to Dispute Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Aug
17
2021
Pennsylvania Court Holds Medical Marijuana Act Allows Employees to Sue for Discrimination Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
26
2023
California High Court Confirms Wages Due on Weekends, Holidays May Be Paid Next Day Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
13
2016
Supreme Court Denies Review of NFL Players’ Concussion Settlement Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
2
2022
Pennsylvania Federal Judge Tosses Challenge to Employer Jab or Swab Mandate Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
19
2024
New Jersey Appellate Division Addresses Employers’ Obligation to Reimburse Employee Business Expenses Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
12
2020
Federal Court Finds Pennsylvania’s Medical Marijuana Act Contains Implied Private Right of Action Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
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.
Mar
23
2017
Third Circuit Finds Title IX Provides a Remedy for Sex Discrimination in Fully Funded Educational Institutions Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
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.
Dec
12
2019
Supreme Court Generally Disapproves of a Discovery-Rule Exception to Federal Statutes of Limitations Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
19
2024
Federal Court Rules That Online-Only Retailer’s Website Is Not a ‘Place of Public Accommodation’ Under the ADA Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
29
2020
Federal Court Upholds Enforcement of Grocery Store’s Face-Covering Policy Over Customer Claims of Disability Discrimination Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
11
2022
Charging Party Who Did Not Timely Open Link in EEOC Email Loses Her Chance to Sue Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
28
2023
Third Circuit Finds Deductions From Exempt Employees’ PTO Do Not Impact Exempt Status Under the FLSA Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
11
2020
Philadelphia Employers No Longer Free to Inquire About Prospective Employee Salary History Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
7
2023
New Jersey WARN Severance Pay Challenge Rejected Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jul
10
2018
Reexamining Reasonableness: What Employers Should Know About the Third Circuit’s Take on the Faragher-Ellerth Defense Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
21
2017
Third Circuit Upholds Subgroup Disparate Impact Claims Under the ADEA Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
7
2018
Virgin Islands Supreme Court Confirms Applicability of FAA and Issues Guidance on Arbitration Agreements Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
22
2019
Failure to Provide Employee With Adequate Pumping Breaks and Accommodations Led to $1.5 Million Verdict Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
11
2021
Federal District Court Order Provides Guidance Related to Disciplining Employees Who Abuse Leaves of Absence Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
9
2023
Third Circuit Limits Employee Private Right of Action Under OSH Act Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
13
2023
Compelled Interviews Admissible in Criminal Prosecution Against Former Company President and Its General Counsel Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Nov
15
2019
FMLA Retaliation Case Illustrates the Practical Significance of Effective HR Documentation Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jul
16
2011
Seven of Nine Circuits Now Recognize Implied False Certification Liability Under the False Claims Act von Briesen & Roper, s.c.
Jan
30
2011
A Peer Review Reminder to Take Caution with Documentation von Briesen & Roper, s.c.
Oct
19
2020
The First Amendment: Legal and Practical Considerations for Schools in 2020 von Briesen & Roper, s.c.
Sep
9
2019
Violating OSHA’s Anti-Retaliation Provision Can Be Costly! Greenberg Traurig, LLP
Apr
29
2022
Class Action Litigation Newsletter | Spring 2022 Greenberg Traurig, LLP
Aug
10
2022
Class Action Litigation Newsletter | Summer 2022 Greenberg Traurig, LLP
Mar
10
2013
New Jersey Federal Court Cautions Employers When Responding to Even Routine Demand Letters Greenberg Traurig, LLP
Aug
21
2013
Exclusive Federal Jurisdiction Over Resource Conservation and Recovery Act (RCRA) Citizen Suits Greenberg Traurig, LLP
Mar
19
2014
Delaware Supreme Court Affirms that Controller Buyouts Can be Reviewed under the Business Judgment Rule If They Are Conditioned Up Front on Dual Approval Safeguards Greenberg Traurig, LLP
Nov
21
2019
Third Circuit Class Action Litigation | Fall 2019 Greenberg Traurig, LLP
 

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