Upon Further Review

In its just-completed 2022-2023 term, the U.S. Supreme Court issued 55 signed opinions and one per curiam opinion in argued cases. One of those rulings came in a much-anticipated case involving corporate personal jurisdiction on review from the Pennsylvania Supreme Court. Two others arose directly from the U.S. Court of Appeas for the Third Circuit. And another five cases involved circuit splits in which the Supreme Court identified the Third Circuit as being on one side of the split.

Of the seven cases that involved the Third Circuit, the Supreme Court sided with the Third Circuit's approach four times while disagreeing with the Third Circuit's approach the remaining three times. Thus, the Third Circuit achieved a notable record of success at the high court last term. In the one case on review from the Pennsylvania Supreme Court, the U.S. Supreme Court disagreed with Pennsylvania's highest court by means of a sharply divided 5-4 ruling.

With a total of eight cases to review, this year's roundup of how the Third Circuit and the Pennsylvania Supreme Court fared at the U.S. Supreme Court during the just-concluded term will consist of two parts. This month's column will summarize three cases: the one case on direct review from the Pennsylvania Supreme Court and the two cases on direct review from the Third Circuit. Then, next month column will focus on the five cases in which the U.S. Supreme Court resolved circuit splits in which the Third Circuit was implicated on one side or the other.