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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Jul
17
2017
District Court Rules that Company Discretionary Offer of Voluntary Separation Agreements Does Not Create an ERISA-Covered Severance Plan Jackson Lewis P.C.
Oct
4
2017
U.S. Court of Appeals Decision Highlights Importance of Carefully Drafting Release Agreements Jackson Lewis P.C.
Oct
23
2019
Pennsylvania Public Policy Did Not Bar Termination of Nuclear Power Plant Employee Who Tested Positive For Alcohol Jackson Lewis P.C.
Dec
10
2015
Officers’ Meal Breaks Not Compensable, Third Circuit Finds, Adopts Predominant Benefit Test Jackson Lewis P.C.
Feb
18
2016
Recent Decision in Colorado Expands Church Plan Exemption Under ERISA While Third Circuit and Other District Courts Uphold Narrow Interpretation Jackson Lewis P.C.
Jan
9
2017
Employee’s ADA and FMLA Claims Survive Third Circuit Summary Judgment After Leaving Work Early To Go To Hospital Jackson Lewis P.C.
Jun
7
2017
Third Circuit Court Dismisses Lawsuit Challenging Philadelphia Wage History Law Jackson Lewis P.C.
Oct
4
2017
Class Action Filed Against NCAA and 20 Universities Alleging Student-Athletes with Scholarships Are Employees Jackson Lewis P.C.
May
3
2018
Philadelphia’s Salary History Inquiry Ban Violates the First Amendment, Federal Court Rules Jackson Lewis P.C.
Mar
23
2023
PTO Deductions Are Not “Salary” Under the FLSA, Third Circuit Holds Jackson Lewis P.C.
Aug
30
2015
Paid Suspension Not Adverse Employment Action under Title VII, Third Circuit Holds Jackson Lewis P.C.
Oct
6
2018
FMLA Leave for Chronic Health Conditions Requires Proof of Periodic Doctor’s Visits Jackson Lewis P.C.
Feb
8
2019
Court Confirms Employer Can Be Liable For Harassment By Non-Employee Jackson Lewis P.C.
Apr
28
2021
Pennsylvania Court Certifies Nationwide Class in Accessibility Case Against Public Accommodations Jackson Lewis P.C.
May
14
2024
Gender Identity Protections: Transgender Harassment, Reverse Discrimination Cases Allowed by Courts Jackson Lewis P.C.
Mar
3
2014
No Race Discrimination in Termination for Circulating E-mail Critical of President, Federal Court Finds Jackson Lewis P.C.
Nov
11
2014
Third Circuit: Racing To Disaster Location Constituted “Outside Sales” Jackson Lewis P.C.
May
12
2016
Pennsylvania Employee Proceeds With Invasion of Privacy Claim Arising Out Of Positive Drug Test Result Jackson Lewis P.C.
Sep
19
2016
Pennsylvania Federal Court Compels Former Executive to Respond To Extensive Discovery Requests Despite High Cost Jackson Lewis P.C.
Jun
9
2017
Pennsylvania Federal District Court Rules Federal Protections Expanded for Transgendered Employees Jackson Lewis P.C.
Jun
10
2022
Universal Health Loses Appeal to Undo 60,000-Person Class in Excessive Fee Case Jackson Lewis P.C.
Jul
8
2014
Pennsylvania Federal Judge Approves Preliminary Settlement of Class Action Filed by NFL Retirees Jackson Lewis P.C.
Feb
29
2016
Severance, ERISA, and Rum Punch Jackson Lewis P.C.
Nov
11
2016
Sexual Orientation Discrimination is Prohibited by Title VII, Pennsylvania Federal Court Rules Jackson Lewis P.C.
Jan
17
2017
Employer Violates FMLA for Failure to Provide Calculation of When Leave Expires, Court Rules Jackson Lewis P.C.
Mar
29
2017
Third Circuit: No Direct Evidence Needed for Mixed-Motive Jury Instruction in FMLA Retaliation Cases Jackson Lewis P.C.
Jun
18
2020
Finding COVID-19 Layoff Not Furlough, Court Denies Motion to Restrain Competition Jackson Lewis P.C.
Aug
28
2014
Third Circuit Joins Second Circuit In Rejecting Vague Pleadings of FLSA Violations Jackson Lewis P.C.
Nov
2
2017
Plaintiff Who Could Get to Work On Time By Waking Up An Hour Earlier Was Not Entitled An Accommodation Allowing Her to Be Late. Jackson Lewis P.C.
Sep
5
2019
Third-Party Bonuses Are Not Necessarily “Remuneration” for Overtime Purposes, Third Circuit Holds Jackson Lewis P.C.
Apr
6
2021
FAA Preempts New Jersey’s Implied Restriction on Use of Arbitration Agreements, Court Finds Jackson Lewis P.C.
Oct
22
2018
What Am I Doing Wrong?? Common FMLA Mistakes Jackson Lewis P.C.
Feb
21
2019
Court Holds New Jersey’s Equal Pay Act Will Not Be Applied Retroactively Jackson Lewis P.C.
Apr
15
2022
Third Circuit Joins Sister Circuits in ‘Employer’ Definition under Multiemployer Pension Plan Amendments Act Jackson Lewis P.C.
Aug
2
2022
Bristol-Myers Decision Applies to Plaintiffs in FLSA Collective Actions, Third Circuit Holds Jackson Lewis P.C.
 

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