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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Nov
1
2013
Is a Cash Offset the Same as Money Received? Could Be McDermott Will & Emery
Aug
24
2015
Recent Decisions Serve as Reminder that Scienter is a Fertile Ground for Pre-Trial Disposition McDermott Will & Emery
Nov
30
2015
Hanover Ins. Co. v. Urban Outfitters, Inc.: No Fresh Wrong, No Duty to Defend McDermott Will & Emery
Oct
20
2017
Third Circuit Affirms Summary Judgment for Defendant in Titanium Dioxide Price-Fixing Case McDermott Will & Emery
Oct
26
2018
No Substantial Similarity Between TV Shows Empire and Cream McDermott Will & Emery
Sep
30
2021
TTAB Cancellation Proceedings Not Preclusive in District Court, Even Between Same Parties McDermott Will & Emery
Sep
21
2023
Watermelon Sugar: Candy Shape and Color Deemed Functional McDermott Will & Emery
Mar
11
2013
Covenant Not to Sue Is Not Discharged in Bankruptcy McDermott Will & Emery
Nov
22
2017
NJ Court Grants Exceptional Case Fees Based on Speculative Infringement Suit McDermott Will & Emery
Apr
24
2018
The Third Circuit Rejects the Anti-Kickback Statute “Tainted Claims” Theory McDermott Will & Emery
Aug
25
2022
Rebuttal Presumption of Irreparable Harm Still Alive When Assessing Trademark Preliminary Injunctions McDermott Will & Emery
Mar
8
2023
This Week in 340B: February 28 – March 6, 2023 McDermott Will & Emery
Nov
9
2023
Sorry—No Finality, No Injunction, No Appellate Jurisdiction McDermott Will & Emery
Nov
7
2011
Seller of George Forman Trademarks Down for the Count on Breach of Contract Claims McDermott Will & Emery
Aug
31
2013
Contract Has Latent Ambiguity if Objective Evidence Supporting Reasonable Alternative Meaning Exists McDermott Will & Emery
Jun
1
2017
Third Circuit Declines to Send Pay-for-Delay Litigation to Federal Circuit McDermott Will & Emery
Jun
30
2017
Third Circuit Upholds One Deduction Tax Court Ruling McDermott Will & Emery
Sep
27
2017
Trump’s DOJ Challenges Merger Cleared during Waning Days of Obama Administration McDermott Will & Emery
Nov
22
2017
Looking Beyond the Label for Inducement in Post-Launch Case McDermott Will & Emery
Jun
29
2013
First Amendment Defense Fails to Sack Quarterback’s Right-of-Publicity Suit McDermott Will & Emery
Sep
5
2013
Third Circuit Prevention of Significant Deterioration (PSD) Decision is a Loss for EPA, But Also Contains Warnings for Power Plant Owners McDermott Will & Emery
Nov
1
2014
Third Circuit: Octane Fitness Changes the Landscape for Trademark Cases Too McDermott Will & Emery
Jul
31
2015
Third Circuit Extends Actavis to Reverse Settlement Agreements Involving Non-Cash Consideration McDermott Will & Emery
Apr
28
2017
Another District Court Dismisses Improperly Pled Implied Certification Claims McDermott Will & Emery
Jun
1
2017
Whose Unregistered Trademark Is It Anyway? McDermott Will & Emery
Nov
24
2017
Judicial Economy Considerations Can Determine Whether and When a Claim Is Heard McDermott Will & Emery
Aug
21
2019
Third Circuit Upholds Decision Blocking Trump Administration’s Birth Control Rules McDermott Will & Emery
May
14
2020
Trade Secret Misappropriators Fail to Launch in Rocket Facility McDermott Will & Emery
Oct
7
2021
No Immunity: State Right of Publicity Law is § 230 “Law Pertaining to Intellectual Property” McDermott Will & Emery
Nov
1
2014
Not All Vice Presidents Are Officers and Entitled to Corporate Indemnification McDermott Will & Emery
Mar
23
2015
“Implausible” That Scheme to Induce Referrals Would Leave Physician Ignorant of Its True Purpose McDermott Will & Emery
Jun
30
2016
Federal Court Finds Delaware’s Unclaimed Property Enforcement “Shocks the Conscience” McDermott Will & Emery
Apr
26
2019
Vested Rights Clause Restores Trademark to Original Applicant McDermott Will & Emery
Aug
27
2015
Third Circuit Deciphers Proper Standard for Evidence of Actionable Confusion: Arrowpoint Capital Corp. v. Arrowpoint Asset Mgmt., LLC McDermott Will & Emery
Jul
14
2022
Copyright Claim in Digital Message Format Fizzles Out McDermott Will & Emery
 

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