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
12
2021
Payment Card Rules v. PCI DSS: District Court Opens the Door to Potential Data Breach Tort Liability Based on Common Law Duties and Section 5 of the FTC Act Squire Patton Boggs (US) LLP
Jun
16
2022
Third Circuit Affirms Law Student’s Cyberstalking Plea, Holding Federal Criminal Cyberstalking Statute Does Not Violate Constitution Squire Patton Boggs (US) LLP
Nov
30
2023
(US) Delaware Bankruptcy Court Strikes Down Global Rockport Settlement Squire Patton Boggs (US) LLP
Feb
22
2017
DIP Carve-out for Creditors’ Committee Compensation: Not a Cap upon Confirmation Squire Patton Boggs (US) LLP
Aug
14
2017
Mass Layoffs When Section 363 Sales Fail and Cases Convert: Third Circuit Adopts Probability Standard for WARN Act Liability Squire Patton Boggs (US) LLP
Mar
30
2020
Dr. Mauthe And Third-Party TCPA Liability Return Squire Patton Boggs (US) LLP
Nov
23
2015
Bankruptcy Won’t Help You Avoid an Oil & Gas Lease Squire Patton Boggs (US) LLP
Oct
13
2016
Momentum Continues Against Validity of Class and Collection Action Waivers – Delaware District Court Judge Refuses to Enforce Class Action Waiver Squire Patton Boggs (US) LLP
Apr
23
2018
Bankruptcy Venue Reform: Are The District of Delaware And The Southern District Of New York At Risk? Squire Patton Boggs (US) LLP
Sep
17
2018
Third Circuit Makes Clear That Plan Releases Can Extend To Post-Confirmation Acts Squire Patton Boggs (US) LLP
Apr
1
2020
Fax Number on Business Card Can = Express Invitation or Permission Squire Patton Boggs (US) LLP
Jun
29
2020
No Jurisdiction or Claims Against Company and Corporate Officer for Alleged TCPA Violations Squire Patton Boggs (US) LLP
Aug
20
2020
Court Emphasizes that CRAs Must Reinvestigate Disputed Inquiries Squire Patton Boggs (US) LLP
Sep
17
2021
Motion to Dismiss Filed in COVID Contact Tracing Data Breach Lawsuit Squire Patton Boggs (US) LLP
Jun
29
2023
U.S. Supreme Court Clarifies Employers’ Religious Accommodation Obligations Squire Patton Boggs (US) LLP
Nov
25
2015
There Really Is Such a Thing as a Free Lunch (for Employers), Says Third Circuit Court of Appeals Squire Patton Boggs (US) LLP
May
30
2019
Profit Motive Does Not Magically Transform Data Request Fax Into Unsolicited Advertisement Squire Patton Boggs (US) LLP
Apr
1
2020
TCPA Coverage Denied Again Squire Patton Boggs (US) LLP
May
11
2020
It Is All Relative When Determining Which Insurer Covers a Subsequent Lawsuit Squire Patton Boggs (US) LLP
Jun
3
2020
No “Pretext” Here: One-page Fax Invite To Free Webinar Not An Unsolicited Advertisement Squire Patton Boggs (US) LLP
Feb
22
2022
The “Texas Two-Step” Firestorm: This Is No Dance! Squire Patton Boggs (US) LLP
Feb
26
2024
Mallinckrodt Trust Asserts Novel Argument in Response to Safe Harbor Defense (US) Squire Patton Boggs (US) LLP
Oct
18
2016
Does Super-Priority Claim Remain Superior Through Conversion to Chapter 7? New Jersey Bankruptcy Court Says Yes Squire Patton Boggs (US) LLP
May
22
2017
Proving a Reinsurance Contractual Relationship Exists Squire Patton Boggs (US) LLP
Sep
18
2018
Third Circuit Clarifies Public Disclosure Bar in False Claims Act Squire Patton Boggs (US) LLP
Jul
11
2019
Claims of False Advertising and Unfair Competition Are Not Disparagement or Defamation Squire Patton Boggs (US) LLP
Sep
16
2019
Is Faulty Workmanship an “Occurrence” Under a CGL Policy? Squire Patton Boggs (US) LLP
Jun
4
2020
Third Circuit Clarifies That A Disability Must Be Both “Transitory and Minor” To Qualify Under The Exception To The “Regarded-As” Prong of The ADA (US) Squire Patton Boggs (US) LLP
Jul
23
2021
A Third Federal Court Orders Production of Data Incident Forensic Report and Related Communications Over Privilege Objections Squire Patton Boggs (US) LLP
Jun
13
2016
Another Trump Victory (Sort Of): Collective Bargaining Agreement Squire Patton Boggs (US) LLP
Oct
23
2017
Are You Breaking Up with Me? Termination Fees in Bankruptcy Called into Question. Squire Patton Boggs (US) LLP
Aug
9
2018
Claim Trading Industry: Pay Attention to Anti-Assignment Provisions! Squire Patton Boggs (US) LLP
Oct
14
2019
US District Courts Start Applying Kisor v. Wilkie; Is Auer Deference Now a “Paper Tiger”? Squire Patton Boggs (US) LLP
Jun
9
2020
The Customer May Not Always Be Right When It Comes To Sexual Harassment (US) Squire Patton Boggs (US) LLP
Nov
9
2020
“Fully and Properly Investigate” – a Lesson in Adequately Pleading Under the Fair Credit Reporting Act Squire Patton Boggs (US) LLP
 

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