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
3
2022
U.S. Court of Appeals for the Third Circuit Agrees to Hear Interlocutory Appeal in CFPB Enforcement Action against Student Loan Trusts Cadwalader, Wickersham & Taft LLP
Dec
15
2021
Federal Court Holds That Student Loan Trusts Are Subject to CFPB Enforcement Authority: What This Means for Consumer Securitizations and Other Whole Loan Buyers Cadwalader, Wickersham & Taft LLP
Jan
14
2022
Delaware Bankruptcy Court Rules that Unsecured Creditors of a Solvent Debtor Are Entitled to Post-Petition Interest at the Federal Judgment Rate, Not the Default Interest Rate Cadwalader, Wickersham & Taft LLP
Nov
3
2021
Court Impact on Securitization [PODCAST] Cadwalader, Wickersham & Taft LLP
May
26
2022
Junior Creditors Beware: Third Circuit Awards Damages for Breach of Turnover Provision Cadwalader, Wickersham & Taft LLP
Apr
15
2020
COVID-19 Update: COVID-19 and the Courts: Part II How Appellate Court Procedures Are Changing and What May Be Here to Stay Cadwalader, Wickersham & Taft LLP
Jul
15
2021
Securities Litigation Update: Courts of Appeals Weigh in on American Pipe Tolling and the Affiliated Ute Presumption of Reliance Cadwalader, Wickersham & Taft LLP
Apr
1
2021
CFPB Suit Against Student Loan Trusts Dismissed Cadwalader, Wickersham & Taft LLP
Mar
21
2024
Third Circuit Finds Statutory Trusts Are Subject to CFPB Jurisdiction Cadwalader, Wickersham & Taft LLP
Feb
10
2020
2019 Year in Review: Securities Litigation and Enforcement Cadwalader, Wickersham & Taft LLP
Feb
16
2022
District Court Grants Interlocutory Appeal in CFPB Enforcement Action against Student Loan Trusts and Stays Case Pending Appellate Review Cadwalader, Wickersham & Taft LLP
Apr
13
2023
Of Standing and Stonewalling: Chester, Pennsylvania Bankruptcy Sheds New Light on Chapter 9 Eligibility Requirements Cadwalader, Wickersham & Taft LLP
Dec
19
2017
M&A Update: Delaware Supreme Court Emphasizes Deal Price in Appraisal Litigation Cadwalader, Wickersham & Taft LLP
Feb
9
2023
Third Circuit Dismisses J&J Affiliate LTL’s Talc Liability Chapter 11 Filing; “Good Faith” Under 1112(b) Requires Financial Distress Cadwalader, Wickersham & Taft LLP
Jan
24
2024
The VPPA (Video Privacy Protection Act) Class Action – Is this Tide Still Coming in? Or Going Out? Polsinelli PC
Feb
23
2017
Is Ignorance Bliss When it Comes to Restrictive Covenants? Polsinelli PC
Jan
14
2020
Surgeon’s Anti-Trust and Third Party Beneficiary Claims Dismissed: McGary v. Williamsport Regional Medical Center Polsinelli PC
Jan
16
2020
Delaware Health System Wins Summary Judgment Against Physician Terminated from Medical Staff: Talley v. Christiana Care Health System Polsinelli PC
Oct
29
2021
When State Law Permits Discovery of Sensitive Peer Review Information Polsinelli PC
Jan
12
2018
Delaware Court of Chancery Extends Business Judgment Deference to Controller-Driven Stock Reclassification Transaction Polsinelli PC
Jul
19
2023
First Criminal Syndicated Conservation Easement Trial Begins this Week Polsinelli PC
Sep
20
2019
Maintenance of Certification: To MOC or Not to MOC? Polsinelli PC
Dec
27
2016
2016 Antitrust Case Law And FTC Action Highlight Agency's Approach To Hospital Mergers Polsinelli PC
Mar
17
2017
Companies May Be Liable for Hostile Environment Caused by Non-Employees Polsinelli PC
Oct
24
2019
Self-Help Discovery by Whistleblowers: Protected Activity or Terminable Misconduct? Polsinelli PC
Mar
9
2020
TCPA Litigation: Widening Circuit Split Over Autodialer May Drive Supreme Court Consideration Polsinelli PC
Jul
30
2021
Different Committee, Different Scope: Delaware Court Holds Credentials Committee Documents May Be Subject to Discovery Polsinelli PC
Mar
9
2020
Third Circuit Rejects AseraCare Holding, Finding a Battle of Experts Can Give Rise to FCA Liability Polsinelli PC
Oct
5
2017
Unstated Takeaways from the Third Circuit’s Recent Decision in the FMLA/Workers’ Compensation Arena Polsinelli PC
Feb
13
2017
Supermajority Director Removal Bylaw Is Unlawful Polsinelli PC
Aug
7
2017
Who Has the Authority to Order Class Arbitration? Eighth Circuit Weighs In Polsinelli PC
Apr
10
2023
Nursing Home Providers Suffer Blow as District Court Denies Motion to Dismiss in “Worthless Services” FCA Action Based on Allegations of Substandard Care Polsinelli PC
Feb
17
2020
FCPA Issue Watch: Each Action a Violation? Polsinelli PC
Feb
3
2017
So What Does a Bankruptcy Carve-Out Clause Really Mean? Delaware Bankruptcy Court Concludes It is Not a Cap on Fees After All Murtha Cullina
Oct
22
2021
Tootsie Roll Dodges Another “Slack-Fill” Lawsuit Keller and Heckman LLP
 

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