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
9
2019
Third Circuit Resuscitates Claims Against University 403(b) Plan Fiduciaries Proskauer Rose LLP
Jul
15
2021
District Court Approves of President Biden’s Firing of Former NLRB General Counsel, But is This the Final Word? Proskauer Rose LLP
Jan
26
2022
Skinny Labels May Not Be Dead: Delaware District Court Distinguishes GSK, Dismisses Induced Infringement Claim Proskauer Rose LLP
Apr
5
2022
Third Circuit Takes Supreme Court Cue and Rejects “Implied” Union Contracts Proskauer Rose LLP
Nov
23
2022
ERISA Fee Complaint Dismissed in Pennsylvania District Court, Extending Favorable Trend Proskauer Rose LLP
Dec
26
2023
Eleventh Circuit Deepens Circuit Split Over Causation Standard for FMLA Retaliation Claims Proskauer Rose LLP
Aug
28
2014
Third Circuit Holds Irreparable Harm May Not Be Presumed In Lanham Act False Advertising Cases To Establish Entitlement To Injunctive Relief Proskauer Rose LLP
Oct
16
2014
Revocation of Ex-Convict’s Job Offer Did Not Violate State Law, Says PA Court Proskauer Rose LLP
Feb
24
2015
Same-Sex Spouse Has No Standing to Assert COBRA Notice Claim Proskauer Rose LLP
Aug
8
2015
Third Circuit Opinion Raises Uncertainty for the Ordinary Business Exclusion in Shareholder Proposals Proskauer Rose LLP
Jul
26
2016
False Ad Claims Fail to Crystalize as New Jersey Federal Court Dismisses Amended Complaint against Sharp Electronics with Prejudice Proskauer Rose LLP
Dec
6
2017
Third Circuit Splits with the Seventh Over Standing To Sue For Alleged Inefficient Design of Eye Drop Dispenser Proskauer Rose LLP
Aug
6
2019
Eastern District of Pennsylvania Grants Summary Judgment on SOX Claim Proskauer Rose LLP
May
13
2014
Third Circuit Embraces "Lower Bar" for Successor Liability under the FLSA (Fair Labor Standards Act) Proskauer Rose LLP
Dec
13
2014
3rd Circuit: Dodd-Frank Anti-Arbitration Provisions Do Not Apply To Dodd-Frank Whistleblower Retaliation Claims Proskauer Rose LLP
Feb
25
2015
Third Circuit Nixes EEOC Retaliation Suit - Equal Employment Opportunity Commission Proskauer Rose LLP
Aug
2
2017
Third Circuit Rules That Johnson Controls Did Not Promise Lifetime Health Benefits Proskauer Rose LLP
Oct
31
2017
New Jersey Supreme Court Announces Last Call for TCCWNA Happy Hour Proskauer Rose LLP
Feb
16
2017
Third Circuit Permits ADEA “Subgroup” Claims Proskauer Rose LLP
Feb
5
2018
Class Certification Denied in Juice Dispute Proskauer Rose LLP
May
14
2018
ERISA’s Duty To Inform – Distinguishing Between Existing and Possible Benefits Proskauer Rose LLP
Jul
10
2018
Third Circuit Affirms Dismissal of SOX Whistleblower Suit Proskauer Rose LLP
Oct
12
2018
Federal Court Allows SOX Whistleblower Claim To Proceed But Dismisses Dodd-Frank Claim Proskauer Rose LLP
Apr
2
2019
Third Circuit Shreds Plaintiff’s Credit Card Receipt Case On Standing Grounds Proskauer Rose LLP
Nov
2
2020
Wealth Management Update - November 2020 Proskauer Rose LLP
May
11
2021
Judge Recommends Lanham Act Litigant “Shake it Off” Proskauer Rose LLP
Dec
5
2022
Federal Law Prohibiting Pre-Dispute Arbitration of Sexual Harassment and Sexual Assault Claims Not Retroactive, New Jersey Court Confirms Proskauer Rose LLP
Dec
22
2014
SEC’s Second Amicus Brief On Whether Dodd-Frank Protects Internal Reports Proskauer Rose LLP
Apr
13
2015
Pennsylvania Federal Court Finds Lenders to Hedge Fund Not Liable as ERISA Fiduciaries Proskauer Rose LLP
Dec
15
2022
Third Circuit: Whistleblowers Are Not Shielded From Discipline for Misconduct Proskauer Rose LLP
Oct
22
2014
Employees Face Uphill Battle in Holding Private Equity Firms Accountable under WARN Act Proskauer Rose LLP
Feb
7
2018
Court Precludes Parallel Cause of Action Where CEPA Violations Are Plead Proskauer Rose LLP
May
6
2020
Third Circuit Recognizes Trade Secret Misappropriation Claim by Party Possessing (But Not Owning) the Trade Secret Proskauer Rose LLP
Aug
18
2020
Third Circuit Confirms Limits on Scope of Protected Activity Under SOX Proskauer Rose LLP
Dec
15
2020
Court Gives Cold Shoulder to FTC’s False Advertising Claims Against Housing Insulation Company Proskauer Rose LLP
 

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