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Michael S. Barth v. Township of Bernards, New Jersey, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 18-2118 · judgment September 7, 2018

Certiorari denied · March 18, 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

Whether if a member of the Court of Appeals sends a party a "racist" mailing of a court initiated letter, whether intentional or unintentional, does a related exparte in camera motion to extend the time to file an appeal because of the court's racist mailing, allow the court of appeals to file an appeal as within the time allowed by court rule, or do the court rules require a stay of that decision until the completion of a review of a separate misconduct complaint? If a Court of Appeals does not act on an ex parte in camera motion, can a party appeal without an order to appeal?

Counsel of record

For petitioner
Michael S. Barth

For respondent
Brent R. Pohlman
Methfessel & Werbel, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 18 2019
    Petition DENIED.
  2. Feb 27 2019
    DISTRIBUTED for Conference of 3/15/2019.
  3. Feb 08 2019
    Waiver of right of respondents Township of Bernards, New Jersey, et al. to respond filed.
  4. Nov 05 2018
    Petition for a writ of certiorari filed. (Response due February 19, 2019)