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Jenn-Ching Luo v. Owen J. Roberts School District, et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 16-4412 · judgment June 11, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
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"? 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? 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 'genera], 'be they commercial law or a part of the law of torts. And no clause in the Constitution purports to confer such a power upon the federal courts"?
Counsel of record
For petitioner
Jenn-Ching Luo
For respondent
Karl A. Romberger Jr.
Sweet Stevens Katz & Williams LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 07 2019Petition DENIED.
- Nov 28 2018DISTRIBUTED for Conference of 1/4/2019.
- Nov 20 2018Reply of petitioner Jenn-Ching Luo filed.
- Nov 09 2018Waiver of right of respondent Sharon W. Montanye, Esquire to respond filed.
- Nov 08 2018Brief of respondents Owen J. Roberts School, et al. in opposition filed.
- Sep 25 2018Petition for a writ of certiorari filed. (Response due November 23, 2018)