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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Apr
25
2016
Invalid Appointment Did Not Invalidate Union Election, Says Third Circuit Epstein Becker & Green, P.C.
Apr
22
2021
Could Proposed DNJ Local Rule 7.1.1. Have Saved Gawker Media? Epstein Becker & Green, P.C.
May
19
2015
FLSA Motor Carrier Exemption Applies to Drivers Who can be Expected to Drive Interstate Epstein Becker & Green, P.C.
Dec
8
2015
Third Circuit Adopts Predominant Benefit Test For Meal Periods, Leaving Ninth Circuit As Sole Holdout Epstein Becker & Green, P.C.
Feb
6
2019
Third Circuit: Federal Law Does Not Preempt New Jersey’s ABC Test for Independent Contractors Epstein Becker & Green, P.C.
Dec
5
2019
Monitoring ERISA Investment Fiduciaries Epstein Becker & Green, P.C.
Jun
1
2021
The Pennsylvania Supreme Court Nixes a No-Poach Agreement Between Business Partners as Overbroad Epstein Becker & Green, P.C.
Jan
4
2017
Will Requiring Flu Vaccinations Leave Employers Feeling Under the Weather? Epstein Becker & Green, P.C.
Mar
17
2017
Third Circuit Holds Medical Residents May Bring Title IX Claims Epstein Becker & Green, P.C.
May
2
2017
District Courts in Third Circuit Enforce Waivers of Class and Collective Arbitration Epstein Becker & Green, P.C.
Jan
29
2018
A Shot in the Arm for Employer Vaccine Requirements for Health Care Workers Epstein Becker & Green, P.C.
May
11
2023
New Jersey Federal Judge Rules That Federal Courts Lack Subject-Matter Jurisdiction to Enforce a Department of Labor Preliminary Order Epstein Becker & Green, P.C.
Jul
24
2020
Third Circuit: Provider’s Out-of-Network Claims not Pre-empted by ERISA Epstein Becker & Green, P.C.
Nov
9
2016
Western District of Pennsylvania Bucks Recent Trend and Permits Sexual Orientation Discrimination Claim to Proceed Epstein Becker & Green, P.C.
Oct
30
2017
Employment Law This Week: Two New CA Laws Impacting Hiring, Compensating Short Breaks, Suit Over “Draw” Pay System, Waiving ERISA Time Limits [VIDEO] Epstein Becker & Green, P.C.
Nov
17
2020
Tavern’s COVID-19 Coverage Complaint Survives Preliminary Objection Epstein Becker & Green, P.C.
Feb
14
2017
Lack of Actual Knowledge of Existence of Non-Compete Defeats Tortious Interference Claim Epstein Becker & Green, P.C.
Jun
9
2017
Third Circuit Court Rules Gender Dysphoria May Be Disability Under ADA Epstein Becker & Green, P.C.
Oct
13
2023
EEOC’s Proposed Regulation for Pregnant Workers Fairness Act Contemplates Abortion-Related Accommodations Epstein Becker & Green, P.C.
Nov
29
2023
Preemption Questions Continue as FTC and NLRB Fight Restrictive Covenants Epstein Becker & Green, P.C.
Jan
17
2017
Age Discrimination in Employment Act: 50 Really Is the New 40 Epstein Becker & Green, P.C.
Feb
10
2021
Ninth Circuit: Insurers Must Honor Their Promises to Out-Of-Network Providers Epstein Becker & Green, P.C.
Sep
5
2023
Third Circuit Reverses and Remands Donning and Doffing Dispute for Trial, Providing New Framework for the “Integral and Indispensable” Test Epstein Becker & Green, P.C.
May
16
2018
Federal Court Partially Enjoins Philadelphia’s Ban on Salary History Inquiries Epstein Becker & Green, P.C.
Nov
2
2020
Third Circuit Rules That Disgorgement Is Not an Available Remedy Under the FTC Act Epstein Becker & Green, P.C.
Nov
2
2020
Discretion of Federal District Court Judges to Manage Their Dockets Epstein Becker & Green, P.C.
Mar
5
2019
The Third Circuit Defines the Requirements for Orders Certifying Wage Hour Class Actions Epstein Becker & Green, P.C.
Oct
24
2023
Business Enterprise Value as a Measure of Damages for Business Torts Epstein Becker & Green, P.C.
Feb
24
2016
New Jersey Federal Court’s Hospice Care Decision Potentially Expands Scope of False Claims Act Mahany Law
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
Feb
26
2024
Mallinckrodt Trust Asserts Novel Argument in Response to Safe Harbor Defense (US) 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
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
 

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