Question Presented (AI Summary)
Is the Third Circuit acting in opposition to controlling law and different from other circuits by implementing a heightened pleading standard?
Question Presented (from Petition)
QUESTIONS PRESENTED FOR REVIEW 1. Is the Third Circuit acting in opposition to controlling law (Erickson v. Pardus, Johnson v. City of Shelby) and different from other circuits by implementing a heightened pleading standard? 2. Is the Third Circuit violating a citizen’s state rights in dismissing state claims with prejudice for lack of subject matter jurisdiction? Are they acting in contrast to other circuits as it pertains to 28 U.S. Code §1631? 3. Is the Third Circuit depriving rights by its departures from the rules authorized by Congress by 28 U.S. Code § 2072? 4. Does the Third Circuit’s rules on finality conflict with 28 U.S. Code § 1291? Is the Third Circuit split from the 9th Circuit as to the time to appeal from alternate (non-final) rulings? : 5. Is a matter appealable as of right if a federal question (28 U.S. Code § 1331) has not been adjudicated by the court of first review?
2019-11-06
DISTRIBUTED for Conference of 11/22/2019.
2019-10-31
Petition for Rehearing filed.
2019-06-12
DISTRIBUTED for Conference of 10/1/2019.
2019-06-04
Waiver of right of respondent Pumping Services, Inc. to respond filed.
2019-05-28
Waiver of right of respondent J. Fletcher Creamer & Son, Inc. to respond filed.
2019-05-24
Waiver of right of respondents Oak Knoll Village Condominium Owners Association, Inc., et al. to respond filed.
2019-05-23
Waiver of right of respondents Brown Moskowitz & Kallen, P.C. and Steven R. Rowland to respond filed.
2019-05-23
Waiver of right of respondents Berman, Sauter, Record and Jacobs, P.C. and Edward Berman to respond filed.
2019-05-22
Waiver of right of respondents Schenck, Price, Smith & King, LLP, et al. to respond filed.
2019-05-21
Waiver of right of respondent Mirra and Associates, LLC to respond filed.
2019-05-21
Waiver of right of respondent Suburban Consulting Engineers, Inc. to respond filed.
2019-05-20
Waiver of right of respondents Fox Chase Mainenance to respond filed.
2019-05-16
Waiver of right of respondents Hill Wallack LLP, et al. to respond filed.
2019-05-16
Waiver of right of respondent Transcontinental Gas Pipe Line Company, LLC to respond filed.
2019-05-07
Waiver of right of respondents QBE Insurance Company and Community Association Underwriters of America, Inc. to respond filed.
2019-01-08
Petition for a writ of certiorari filed. (Response due June 3, 2019)