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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Sep
19
2023
Employer Must Prove “Substantial Increased Costs” Would Result from Religious Accommodation Proskauer Rose LLP
Jun
13
2014
Third Circuit to Putative Class Action Plaintiffs: No Receipt, No Class Certification Proskauer Rose LLP
Aug
1
2014
Two Consumer Class Actions Settle for (Mostly) Nominal Amounts Per Plaintiff Proskauer Rose LLP
Jan
13
2015
Third Circuit Irons Out “Powerful” Performance False Advertising Dispute Proskauer Rose LLP
Mar
16
2015
Third Circuit Says Trucker Entitled to Overtime Proskauer Rose LLP
Apr
27
2015
Closely Watched Weist SOX Whistleblower Case Dismissed Proskauer Rose LLP
Oct
16
2016
Federal Trade Commission's Pennsylvania Hospital Challenge Moves Forward: Third Circuit Halts Transaction Pending Trial Outcome Proskauer Rose LLP
Apr
18
2017
Third Circuit Revives In-House Attorney’s Whistleblower Claim Proskauer Rose LLP
Mar
8
2019
The Third Circuit Finds No Age Discrimination Related to Virgin Islands Law That Encouraged Long-Tenured Employees to Retire Proskauer Rose LLP
Jul
10
2019
Attacking Class Certification on a Motion to Dismiss? A Recent Decision Says There is a Way Proskauer Rose LLP
Aug
17
2021
Third Circuit Affirms Decision to Reject FTC’s False Advertising Claims Against Housing Insulation Company Proskauer Rose LLP
Jun
13
2014
Third Circuit Adopts Less Demanding False Claims Act (FCA) Pleading Standard Proskauer Rose LLP
Sep
11
2014
New Jersey Federal Court Allows “Self-Help” Counterclaims Against Potential FCA Whistleblowers To Proceed Proskauer Rose LLP
Apr
22
2016
New York Court Enforces Forum Selection Clause in ERISA Plan Proskauer Rose LLP
Jun
1
2016
Parks’ Allegations Against “Finest” Franks Not In the “Ball Park” of False Advertising Claims Proskauer Rose LLP
Feb
15
2023
Third Circuit Affirms Dismissal of Untimely SOX Whistleblower Claims Proskauer Rose LLP
Jul
5
2023
Pleading Artifices and CAFA Removal: Circuit Development Proskauer Rose LLP
Jan
22
2015
Third Circuit Defines “Extraterritorial” Applicability of Federal Securities Laws in United States v. Georgiou Proskauer Rose LLP
Jul
21
2015
Third Circuit Rules That Actual Harm Needed for Monetary Equitable Remedy Proskauer Rose LLP
Oct
10
2015
Third Circuit Decision Could Have Broad Implications For Sentencing In Federal Fraud Cases Proskauer Rose LLP
Apr
22
2016
District Court Rules Johnson Controls Retirees Not Entitled to Lifetime Health Benefits Proskauer Rose LLP
May
31
2019
Third Circuit Upholds Health Plan’s Anti-Assignment Clause Proskauer Rose LLP
Aug
21
2019
Third Circuit Discusses Important Differences Between Board Observers and Directors Proskauer Rose LLP
May
13
2020
Pennsylvania Magistrate Judge Recommends Dismissal of SOX Whistleblower Claim for Lack of Protected Activity Proskauer Rose LLP
Jul
20
2021
July 2021 List of Important Recent and Upcoming Cases Sherin and Lodgen LLP
Sep
26
2014
U.S. Supreme Court’s Rejection of Moench Presumption: Fifth Third Bancorp. vs. Dudenhoeffer Jackson Lewis P.C.
Feb
8
2016
“Put Up or Shut Up:” The Third Circuit Denies Former Tyco Employee’s SOX Whistleblower Claim Jackson Lewis P.C.
Oct
23
2017
Pump the Breaks: Employers Cannot Bypass Obligation to Compensate Employees for Short Rest Periods Jackson Lewis P.C.
Jun
12
2018
Constitutionality of Philadelphia’s Salary History Ban Appealed to Third Circuit Jackson Lewis P.C.
Aug
11
2018
Segal Blend Litigation, Part Two: New Jersey District Court Holds That Use of Segal Blend Did Not Violate MPPAA Jackson Lewis P.C.
May
25
2021
Third Circuit to Consider Class Certification Issues Percolating in ERISA Fee Litigation Jackson Lewis P.C.
Jul
14
2023
Third Circuit Rejects Mandatory Arbitration Clause in ESOP Jackson Lewis P.C.
Feb
3
2017
Third Circuit Says “Last Call” for Employee Terminated After Caught Drinking While on FMLA “Bed Rest” Jackson Lewis P.C.
Aug
13
2014
Denying Receipt of FMLA Notices May be Enough to Survive Summary Judgment Jackson Lewis P.C.
Dec
5
2014
Offer of Judgment Doesn’t Moot Class Action (11th Circuit) Jackson Lewis P.C.
 

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