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Chris Ann Jaye v. Oak Knoll Village Condominium Owners Association, Inc., et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 17-2564 · judgment September 13, 2018

Certiorari denied · October 7, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

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? 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 §163 1? Is the Third Circuit depriving rights by its departures from the rules authorized by Congress by 28 U.S. Code §2072? 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? 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?

Counsel of record

For petitioner
Chris Ann Jaye

For respondent
Victoria Joanna Airgood
Hill Wallack, LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 25 2019
    Rehearing DENIED.
  2. Nov 06 2019
    DISTRIBUTED for Conference of 11/22/2019.
  3. Oct 31 2019
    Petition for Rehearing filed.
  4. Oct 07 2019
    Petition DENIED.
  5. Jun 12 2019
    DISTRIBUTED for Conference of 10/1/2019.
  6. Jun 04 2019
    Waiver of right of respondent Pumping Services, Inc. to respond filed.
  7. May 28 2019
    Waiver of right of respondent J. Fletcher Creamer & Son, Inc. to respond filed.
  8. May 24 2019
    Waiver of right of respondents Oak Knoll Village Condominium Owners Association, Inc., et al. to respond filed.
  9. May 23 2019
    Waiver of right of respondents Berman, Sauter, Record and Jacobs, P.C. and Edward Berman to respond filed.
  10. May 23 2019
    Waiver of right of respondents Brown Moskowitz & Kallen, P.C. and Steven R. Rowland to respond filed.
  11. May 22 2019
    Waiver of right of respondents Schenck, Price, Smith & King, LLP, et al. to respond filed.
  12. May 21 2019
    Waiver of right of respondent Suburban Consulting Engineers, Inc. to respond filed.
  13. May 21 2019
    Waiver of right of respondent Mirra and Associates, LLC to respond filed.
  14. May 20 2019
    Waiver of right of respondents Fox Chase Mainenance to respond filed.
  15. May 16 2019
    Waiver of right of respondent Transcontinental Gas Pipe Line Company, LLC to respond filed.
  16. May 16 2019
    Waiver of right of respondents Hill Wallack LLP, et al. to respond filed.
  17. May 07 2019
    Waiver of right of respondents QBE Insurance Company and Community Association Underwriters of America, Inc. to respond filed.
  18. Jan 08 2019
    Petition for a writ of certiorari filed. (Response due June 3, 2019)