No. 20-611

Robert J. Doyle v. Jacqueline M. Vigilante

Lower Court: Third Circuit
Docketed: 2020-11-05
Status: Denied
Type: Paid
Tags: access-to-courts appellate-procedure appellate-review civil-rights constitutional-law constitutional-violation due-process judicial-procedure procedural-due-process right-to-sue
Key Terms:
DueProcess
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Whether the right to sue, right of access to courts, and procedural due process require a court of appeals to address and resolve every issue raised on appeal?

Question Presented (OCR Extract)

Questions Presented The Right to Sue and access to the courts are basic and fundamental rights provided for in the United States Constitution. The Fourteenth Amendment also provides procedural due process protections, ensuring that litigants are treated equally and given the opportunity to be heard. In this case, a civil plaintiffs legal malpractice lawsuit was dismissed by the district court without addressing one the claims alleged by the plaintiff. On appeal, the plaintiff squarely asked the Court of Appeals for the Third Circuit to remand so the unaddressed claim could be adjudicated. Despite this issue being the primary claim of error on appeal, it was entirely unaddressed by the Third Circuit’s written decision. This Court has never, to the best of Petitioner’s research, decided what Constitutional violations are implicated when a claim by a civil litigant was unaddressed both in the District Court and on review by a Court of Appeals. It is of the utmost importance that citizens have confidence that the courts will fully hear and resolve the disputes in front of them. The questions presented in this case, which are a matter of first impression, are: Whether or not the Right to Sue, Right to Access Courts to Be Heard, and Procedural Due Process Rights in the US Constitution require that a Court of Appeals, upon issuing a written opinion, address and resolve every issue raised and necessary to a final disposition of the appeal? Whether or not the Third Circuit Court of Appeals violated Petitioner’s due process rights, right to sue, and right of access to the courts by dismissing his appeal ii without addressing his primary claim of error which was necessary to the adjudication of the appeal?

Docket Entries

2021-01-11
Petition DENIED.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-07
Brief of respondent Jacqueline Vigilante in opposition filed.
2020-10-30
Petition for a writ of certiorari filed. (Response due December 7, 2020)

Attorneys

Jacqueline Vigilante
Patricia Fecile-MorelandMarks O'Neill O'Brien Doherty and Kelly, Respondent
Patricia Fecile-MorelandMarks O'Neill O'Brien Doherty and Kelly, Respondent
Robert J. Doyle, Jr.
Alfred Joseph FluehrFrancis Alexander LLC, Petitioner
Alfred Joseph FluehrFrancis Alexander LLC, Petitioner