LEGAL COUNSELNEAR ME

Federal Courts · United States

United States District Court for the District of Delaware

Because most large US public companies are incorporated in Delaware, its federal district court hears an outsized volume of patent, corporate and bankruptcy litigation relative to the state's size - it is one of the busiest patent venues in the country. As a federal trial court it hears cases arising under federal law and disputes between citizens of different states above the amount in controversy.

What it does

  • Tries federal civil and criminal cases at first instance
  • Hears diversity cases between citizens of different states
  • Rules on preliminary injunctions and emergency relief
  • Manages complex and multidistrict litigation assigned to it

Matters it hears

  • Patent infringement litigation
  • Corporate and shareholder disputes
  • Large corporate bankruptcy proceedings
  • Trade secret claims
  • Commercial litigation

Appeals & review

Appeals generally go to United States Court of Appeals for the Third Circuit.

Appeal and review deadlines are short and strictly applied. Treat the decision date as the start of a clock.

Frequently Asked Questions

Why Delaware?
Most large US public companies are incorporated there, which establishes venue for suits against them. That drives the patent, corporate and bankruptcy caseload.
When does a case belong in federal rather than state court?
Broadly, when it arises under federal law, or when the parties are citizens of different states and the amount in controversy exceeds the statutory threshold. Many disputes can proceed in either, and the choice is strategic.
Where do appeals go?
To the US Court of Appeals for the circuit covering this district, linked above. Federal appeal deadlines are short and jurisdictional.

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General information about jurisdiction and process, not legal advice. LegalCounselNearMe is not a law firm and is not affiliated with United States District Court for the District of Delaware. Procedures, forms and fees change — the official site is authoritative.