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
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
Oct
2
2019
Third Circuit Perpetuates Tuomey’s Controversial Stark Law “Volume or Value” Standard McDermott Will & Emery
Feb
16
2017
Third Circuit Permits ADEA “Subgroup” Claims Proskauer Rose LLP
Aug
26
2021
Third Circuit Orders Second Look at Delays and Disgorgement of Profits McDermott Will & Emery
Aug
8
2015
Third Circuit Opinion Raises Uncertainty for the Ordinary Business Exclusion in Shareholder Proposals Proskauer Rose LLP
Jan
25
2013
Third Circuit Opinion in Eaton Case Could Allow Supreme Court to Discuss Monopolization Standards ArentFox Schiff LLP
Mar
17
2023
Third Circuit OKs Deductions From FLSA Exempt Employee PTO Banks (US) Squire Patton Boggs (US) LLP
Feb
25
2015
Third Circuit Nixes EEOC Retaliation Suit - Equal Employment Opportunity Commission Proskauer Rose LLP
Jan
31
2017
Third Circuit Moves Toward a Broader View of Standing in FCRA Data-Breach Class Action K&L Gates
Jan
20
2017
Third Circuit Makes it Easier to Prove ADEA Disparate Impact Claims By Use of Subgroups of Older Workers Faegre Drinker
Sep
17
2018
Third Circuit Makes Clear That Plan Releases Can Extend To Post-Confirmation Acts Squire Patton Boggs (US) LLP
Oct
30
2018
Third Circuit Makes Clear that District Judges Can Reject Outrageous Fee Petitions Outright K&L Gates
Jun
30
2022
Third Circuit Maintains a Strict Approach to Numerosity and Highlights Circuit Split on Application of Evidentiary Rules to Class Certification Decisions Robinson & Cole LLP
Feb
9
2023
Third Circuit Limits Employee Private Right of Action Under OSH Act Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
May
11
2011
Third Circuit Limits Continuing Nuisance Exception to Statute of Limitations (SOL) Greenberg Traurig, LLP
Oct
23
2013
Third Circuit Joins With the Seventh, Ninth and Eleventh Circuits in Holding That Plaintiffs Asserting 1933 Act Claims Need Not Plead Compliance With the Statute of Limitations, Splitting With the First, Eighth and Tenth Circuits Sheppard, Mullin, Richter & Hampton LLP
Aug
19
2015
Third Circuit Joins Sister Courts in Finding Suspension with Pay is not an “Adverse Employment Action” Within Meaning of Discrimination Laws Mintz
Apr
15
2022
Third Circuit Joins Sister Circuits in ‘Employer’ Definition under Multiemployer Pension Plan Amendments Act Jackson Lewis P.C.
Aug
28
2014
Third Circuit Joins Second Circuit In Rejecting Vague Pleadings of FLSA Violations Jackson Lewis P.C.
Aug
14
2019
Third Circuit Joins Majority in Rejecting “De Facto Administrator” ERISA Theory Jackson Lewis P.C.
May
4
2022
Third Circuit Issues Order in WaWa Data Breach Squire Patton Boggs (US) LLP
Jun
22
2015
Third Circuit Issues Bright-line Interpretation of FMLA’s “Overnight Stay” Rule Mintz
Jan
13
2015
Third Circuit Irons Out “Powerful” Performance False Advertising Dispute Proskauer Rose LLP
May
30
2019
Third Circuit Interprets Unique Arbitrability Language in Arbitration Clause Carlton Fields
Aug
20
2019
Third Circuit Holds That Statute of Limitations Was Not Extended for Class Action Lawsuit Carlton Fields
Oct
3
2019
Third Circuit Holds that SLUSA Does Not Preclude Class Action Opt-Outs from Pursuing Individual Actions Sheppard, Mullin, Richter & Hampton LLP
Aug
28
2017
Third Circuit Holds That Requirement to Arbitrate Disputes “Under This Agreement” Did Not Cover Wage Hour Claims Epstein Becker & Green, P.C.
Aug
30
2010
Third Circuit Holds That Mixed Present/Future Statements Are Protected By Reform Act Safe Harbor Sheppard, Mullin, Richter & Hampton LLP
Nov
13
2014
Third Circuit Holds that Irreparable Harm Must be Proven (Not Presumed) in Lanham Act Claim Honigman Miller Schwartz and Cohn LLP
Oct
28
2014
Third Circuit Holds That Insured Must Reimburse Insurer For Litigation Costs Paid In Excess Of Sub-limit Proskauer Rose LLP
Aug
2
2013
Third Circuit Holds that District Court Improperly Excluded Expert Testimony in Securities Fraud Case Katten
Jan
12
2021
Third Circuit Holds That an Arbitration Award Was a Judicial Record and Must Be Unsealed Miller Canfield
Mar
17
2017
Third Circuit Holds Medical Residents May Bring Title IX Claims Epstein Becker & Green, P.C.
Aug
28
2014
Third Circuit Holds Irreparable Harm May Not Be Presumed In Lanham Act False Advertising Cases To Establish Entitlement To Injunctive Relief Proskauer Rose LLP
Sep
2
2015
Third Circuit Holds FTC Has Authority to Regulate Cybersecurity under Unfairness Prong of 15 U.S.C. § 45(a) Wilson Elser Moskowitz Edelman & Dicker LLP
 

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