No. 18-529

Jenn-Ching Luo v. Owen J. Roberts School District, et al.

Lower Court: Third Circuit
Docketed: 2018-10-23
Status: Denied
Type: Paid
Response Waived
Tags: abuse-of-process case-merger civil-procedure consolidation consolidation-of-cases due-process erie-doctrine erie-railroad-co-v-tompkins hall-v-hall informed-consent judicial-consolidation judicial-practice standing third-circuit
Key Terms:
DueProcess Privacy
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether the decision of the Third Circuit conflicts with the Supreme Court decision by holding that the District Court effectively consolidated two complaints, in direct conflict with the holding in Hall v. Hall

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Whether the decision of the Third Circuit conflicts with the Supreme Court decision by holding in this instant case that the District Court effectively consolidated two complaints by dismissing the second complaint and instructing Petitioner to ; “combine like claims and include all factual allegations relating to a particular claim within that claim”, which is in direct conflict with the holding of published opinion in Hall v. Hall, 584 U.S. __ (2018), for example, “consolidation did not result in the merger of constituent cases” and “preserves the distinct identities of the cases”? 2. Whether the Third Circuit has departed from ; accepted judicial practice, refusing to follow controlling provisions to determine right to informed : consent and also making an immoral ruling that a free individual has no right to be informed and to reject unapproved method that shall be done with : his or her body? 3. Whether the decision of Third Circuit conflicts with the Supreme Court decision by applying U.S. _ Codes to construe tort of abuse of process which is in direct conflict with the Supreme Court holding in Erie Railroad Co. v. Tompkins, 304 U.S. 64, 78 (1938), “There is no federal general common law. Congress has no power to declare substantive rules of common law applicable in a State whether they be local in their nature or ‘general,’ be they commercial Jaw or a part of the law of torts. And no clause in the . Constitution purports to confer such a power upon the federal courts”? (ii)

Docket Entries

2019-01-07
Petition DENIED.
2018-11-28
DISTRIBUTED for Conference of 1/4/2019.
2018-11-20
Reply of petitioner Jenn-Ching Luo filed.
2018-11-09
Waiver of right of respondent Sharon W. Montanye, Esquire to respond filed.
2018-11-08
Brief of respondents Owen J. Roberts School, et al. in opposition filed.
2018-09-25
Petition for a writ of certiorari filed. (Response due November 23, 2018)

Attorneys

Jenn-Ching Luo
Jenn-Ching Luo — Petitioner
Jenn-Ching Luo — Petitioner
Owen J. Roberts School, et al.
Karl A. Romberger Jr.Sweet Stevens Katz & Williams LLP, Respondent
Karl A. Romberger Jr.Sweet Stevens Katz & Williams LLP, Respondent
Sharon W. Montanye, Esquire
Carol A. VanderWoudeMarshall Dennehey Warner Coleman & Goggin, Respondent
Carol A. VanderWoudeMarshall Dennehey Warner Coleman & Goggin, Respondent