Christopher A. Rogalski v. Laureate Education, Inc.
DueProcess
Must the result of a motion to dismiss based upon a claimed forum selection clause under F.R.C.P. 12(b)(6) be considered the same as a dismissal for forum non-conveniens?
Questions Presented : : 1. Must the result of a motion to dismiss based upon a claimed forum selection clause under F.R.C.P. 12(b)(6) be considered the same as a dismissal for forum non-conveniens? (Suggested answer is in the affirmative. Aflantic Marine.) : Mueller v. Apple Leisure Corp., Case No. 16-2885, 2018 ‘ WL 563983 (7th Cir. Jan. 26, 2018), ; 2. When a district court dismisses a complaint based upon a : claimed forum selection clause under F.R.C.P. 12(b)(6) does ; it "deny audience to a case on the merits," such that it is only “a determination that the merits should be adjudicated elsewhere”? (Suggested answer is in the affirmative. Sinochem Intern. , Co. Ltd. v. Malay, Intern. Shipping Corp., 549 U.S, 422, 432 (2007)) 3. When a District Cpurt dismisses a case based upon a . claimed forum selection clause under F.R.C.P. 12(b)(6) does . a Court of Appeals have jurisdiction under 28 U.S.C. § 1291 . to decide the merits of the case under the collateral order doctrine? . (Suggested answer is in the negative.) 4. Alternatively, did the Third Circuit Court of Appeals err by failing to certify the issue of the accrual of the statute of ‘ limitations for university/student contract or quasi contract to the New Jersey Supreme Court when precedent from the ; only intermediate appellate court in New Jersey declares that to be the law, contrary to the Third Circuit's declaration that 7 ‘ commercial contract law precedent applies? (Suggested answer is in the affirmative.) . : ii . 5. Did the 92 year old District Judge, who refused to adjudicate a motion for over 2 years because a pro se party did not . submit a financial statement declaring that he was paying his , own legal fees, and then refused to reply to a request for an : explanation of the delay for over a year, before finally issuing an opinion based upon contested facts not in evidence, ; give the appearance of senility violating Appellant's Fifth Amendment right to Due Process of Law? (Suggested answer is in the affirmative.) . ‘ 6. May the Third Circuit Court of Appeals avoid review by this court by declaring that its opinions are “not precedential”? ° (Suggested answer is in the negative.) List Of All