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
29
2009
Third Circuit: Title VII Bars Discrimination Against Employees Who Had An Abortion
Jun
2
2009
Hydrogen Peroxide: The Third Circuit’s “Acid Test” For Class Certification
Feb
22
2011
Caution: Discussions between Counsel and Client during a Deposition May Not Be Privileged
Dec
9
2010
Restrictive Covenants: There is No Substitute for Careful Drafting Sills Cummis & Gross P.C.
Oct
30
2023
Atlantic City Hotels Turn Attention to Vegas Courthouse in Pricing Algorithms Case Sills Cummis & Gross P.C.
May
29
2009
Hostile Work Environment Claim Proceeds Despite False Job Application Sills Cummis & Gross P.C.
Apr
5
2010
Third Circuit: A Combination of Medical and Lay Evidence Can Establish “Serious Health Condition” Under The FMLA Sills Cummis & Gross P.C.
Feb
23
2011
Employers Beware of Conducting Self-Evaluative Assessments of Compliance with Employment Laws: HR Tip of the Month Sills Cummis & Gross P.C.
Oct
17
2015
Third Circuit Wades Into Intersection of IP and Antitrust: First gloss on FTC v. Actavis focuses on non-monetary branded-generic deals Sills Cummis & Gross P.C.
May
10
2010
Third Circuit: Difficulty Commuting to Work May Require Accommodation under the Americans with Disabilities Act Sills Cummis & Gross P.C.
Sep
1
2015
Third Circuit Says FTC Can Regulate Corporate Cybersecurity Policies Sills Cummis & Gross P.C.
Jul
9
2019
Merck Sharp & Dohme Corp. v. Albrecht: The U.S. Supreme Court Weighs In On Preemption Sills Cummis & Gross P.C.
Dec
7
2015
Illinois Supreme Court Victory, Restoring Key Lien Rights to Design Professionals Much Shelist, P.C.
Mar
9
2013
Third Circuit Reinforces Limits to Directors' Exposure for Misconduct by Corporate Employees Sheppard, Mullin, Richter & Hampton LLP
Feb
11
2023
Early 2023 Update: Where Are Plaintiffs Filing Patent Cases Now? Sheppard, Mullin, Richter & Hampton LLP
Aug
24
2011
Antitrust Counterclaim in Patent Infringement Action Lacks Plausible Allegations of Competitive Injury Sheppard, Mullin, Richter & Hampton LLP
Aug
19
2013
Equityholder's Strategy for Shifting Tax Burdens to Creditors Upheld by Third Circuit Sheppard, Mullin, Richter & Hampton LLP
Oct
28
2014
Recent Developments in Cases Dealing with the False Claims Act’s First-to-File and Public Disclosure Bars Sheppard, Mullin, Richter & Hampton LLP
Oct
3
2011
How to Turn a Bankruptcy Reorganization Into an Insider Trading Charge Sheppard, Mullin, Richter & Hampton LLP
Aug
5
2014
When Goods Are Shipped from Overseas, When Are They Considered “Received by the Debtor” for Purposes of Asserting a Section 503(b)(9) Administrative Claim? Sheppard, Mullin, Richter & Hampton LLP
Mar
9
2017
Delaware Court of Chancery Holds that Cancellation of Shares Through Merger Deprives Stockholder of Standing in Section 220 Action Sheppard, Mullin, Richter & Hampton LLP
Dec
13
2023
Federal Circuit Evaluates Impact of the Final Written Decision (FWD) in a Parallel Inter-Partes Review (IPR) on District Court’s decision of Invalidity and Infringement Sheppard, Mullin, Richter & Hampton LLP
Feb
24
2011
Aspartame Class Action Dismissal Affirmed on Statute of Limitations Grounds Sheppard, Mullin, Richter & Hampton LLP
Jun
29
2013
Unsecured Creditors Committee's Attack Upon Lender's Make-Whole Premium Denied Sheppard, Mullin, Richter & Hampton LLP
Aug
7
2014
Third Circuit Says Classwide Arbitration a Matter for Courts to Decide Sheppard, Mullin, Richter & Hampton LLP
Oct
16
2019
Third Circuit Reversal a Pyrrhic Win for SEC in Ongoing Statute of Limitations Saga Sheppard, Mullin, Richter & Hampton LLP
Jun
30
2016
Lenders Cannot Prevent Borrowers From Filing Bankruptcy By Owning Minority Equity With Veto Power Over Borrower’s Decision To File Bankruptcy Sheppard, Mullin, Richter & Hampton LLP
Feb
1
2019
Third Circuit Rejects State’s Bid for Attorney’s Fees in Hospital Merger Dispute Sheppard, Mullin, Richter & Hampton LLP
Jun
4
2019
Federal Court “Discards” DOJ Interpretation Of Wire Act Sheppard, Mullin, Richter & Hampton LLP
Oct
27
2022
One Bad Apple Won’t Spoil the Rest of the Bunch’s Ability to Fairly Compete in Matthews International Corp. v. Lombardi Sheppard, Mullin, Richter & Hampton LLP
Jan
18
2023
What the Third Circuit’s Looming Decision Regarding Whether College Athletes Can Constitute “Employees” Will Mean for Universities and Employers of Unpaid Student Interns Sheppard, Mullin, Richter & Hampton LLP
May
10
2024
CFPB Settles Action Against Student Loan Servicer and Securitization Trusts Sheppard, Mullin, Richter & Hampton LLP
Oct
2
2023
Update – DOJ Declines to Intervene in Penn State Cyber-Related FCA Case Sheppard, Mullin, Richter & Hampton LLP
Mar
22
2011
The Year 2010 In Review: Contractor Licensing Sheppard, Mullin, Richter & Hampton LLP
Mar
27
2013
Who Owns Your Online Persona? Re: Social Media and Employment Litigation Sheppard, Mullin, Richter & Hampton LLP
 

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