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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Aug
27
2015
Third Circuit Deciphers Proper Standard for Evidence of Actionable Confusion: Arrowpoint Capital Corp. v. Arrowpoint Asset Mgmt., LLC McDermott Will & Emery
Jun
27
2014
Federal Judge Puts Narcolepsy Drug Horizontal Conspiracy Claims to Bed McDermott Will & Emery
Aug
22
2014
Pennsylvania Federal Judge Upholds Poaching Claims in Pharmaceutical Data Antitrust Case McDermott Will & Emery
Jul
23
2020
Healthcare Enforcement Mid-Year Roundup: 2020 McDermott Will & Emery
Aug
26
2021
Third Circuit Orders Second Look at Delays and Disgorgement of Profits McDermott Will & Emery
Jul
14
2022
Copyright Claim in Digital Message Format Fizzles Out McDermott Will & Emery
Sep
15
2022
A Window into Trade Secret Damages: R&D Costs Can Quantify Unjust Enrichment McDermott Will & Emery
Feb
27
2014
Copyright Registration Does Not Trigger the Statute of Limitation for a Co-Authorship Claim: Brownstein v. Lindsay McDermott Will & Emery
Feb
4
2021
There’s No Sugarcoating It: Pocky’s Cookie Design Trade Dress Is Functional McDermott Will & Emery
Jul
14
2022
Expert Testimony Excluded Based on Inadmissible Evidence McDermott Will & Emery
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
Jul
25
2013
Plaintiffs Abandon Putative Class Action Against Pfizer and Takeda over Protonix McDermott Will & Emery
Dec
9
2013
Delaware District Court Accords Work Product Protection to Taxpayer Documents Prepared during a Transaction’s Planning Stages McDermott Will & Emery
May
12
2014
Federal Trade Commission (FTC) Asks Court to Reverse Payment Decision McDermott Will & Emery
Jun
2
2015
Recent Settlements and Enforcement Activity Serve as a Reminder of FCA Liability for Physicians and Practice Groups McDermott Will & Emery
Oct
2
2019
Third Circuit Perpetuates Tuomey’s Controversial Stark Law “Volume or Value” Standard McDermott Will & Emery
Oct
29
2020
Cookie Trade Dress Infringement Case Crumbles in Face of Functionality Challenge McDermott Will & Emery
Nov
11
2021
The Plot Plot Thickens: Trade Secret, Tortious Interference, Fiduciary Duty Claims Survive Motion to Dismiss McDermott Will & Emery
Jan
31
2023
Court Rules in Favor of Manufacturers in 340B Contract Pharmacy Case McDermott Will & Emery
Aug
13
2015
Reverse False Claims and Corporate Integrity Agreements: Cephalon Decision Highlights Unsettled Law, Delivers Flawed Result McDermott Will & Emery
Sep
28
2016
Third Circuit Blocks Hospital Merger in Key Victory for FTC on Geographic Market Definition McDermott Will & Emery
May
10
2017
Third Circuit Affirms Dismissal of FCA Suit Against Genentech Based on Supreme Court’s Materiality Standard McDermott Will & Emery
Dec
7
2017
Litigation Alert | Third Circuit Reaffirms Scope of Federal Priority Rules McDermott Will & Emery
Jan
27
2022
Power Play: District Court Properly Transferred Bad Faith Anticipatory Suit McDermott Will & Emery
May
18
2023
This Week in 340B: May 9 – 15, 2023 McDermott Will & Emery
Aug
2
2013
Two Federal Courts Recognize Same-Sex Spousal Rights for Residents of States Not Permitting Same-Sex Marriage McDermott Will & Emery
Oct
8
2013
The Moench Presumption: An Examination of the Third Circuit’s Standard of Prudence in Employer Stock Cases and Its Subsequent Treatment by Circuit Courts McDermott Will & Emery
Mar
3
2015
Third Circuit Affirms MillerCoors Victory in Wholesaler Contract Dispute McDermott Will & Emery
Apr
15
2022
Spotlight on Sub-Regulatory Guidance: Applying Agency Guidance to an Allergan Framework McDermott Will & Emery
Feb
6
2023
This Week in 340B: January 31 – February 6, 2023 McDermott Will & Emery
May
27
2023
The Government Flexes Its Summons Muscles McDermott Will & Emery
Jul
28
2014
Was It Wirth It? The Pennsylvania Supreme Court Sets a Low Bar for Minimum Contacts McDermott Will & Emery
Oct
22
2014
Mushroom Growers Denied Capper-Volstead Antitrust Immunity McDermott Will & Emery
Mar
3
2015
Recent Appellate Decisions Underscore Importance of Public Disclosure Bar, But Outcomes Are Highly Dependent on the Facts McDermott Will & Emery
Feb
16
2017
Third Circuit Upholds Dismissal of Indirect Purchaser Class in Auto Transmission Case, Revives Individual Claims McDermott Will & Emery
 

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