The Fifth Circuit explained that although a court may take judicial notice of a document filed in another court to establish the fact of such litigation and related findings, a court cannot take...
In re Vistacare Group, LLC, et. al., No. 11-2695 (May 4, 2012 3d Cir.) (Precedential)
Ruling:
The Third Circuit Court of Appeals held that the Barton doctrine, which requires a party seeking to sue a court-appointed receiver, to first obtain leave of the appointing court, applies to...
Case No. 09-3047 (3d Cir. Oct. 6, 2011) (Not Precedential)
Ruling:
The term "inverse condemnation" is a short description of the manner in which a landowner recovers just compensation for a taking of his property by the government when condemnation proceedings...
Case No. 10-4137 (Aug. 10, 2011 3d Cir.) (Not Precedential)
Ruling:
The Third Circuit issued several rulings. First, it held that Mr. Schweitzer did not a establish a claim for negligent noncompliance under FCRA, with the exception of the Americredit account. In...
To certify a class, the proposed class representative must satisfy each of the four requirements in Rule 23(a)—numerosity, commonality, typicality, and adequacy—and the putative class action...
Judge(s):
Sciricia, Ambro and Jones (United Statates District Court judge for the Middle District of Pennsylvania sitting by designation)
No. 09-2724 (Dec. 23, 2010 3d Cir.) (precedential)
Ruling:
The issue before the Third Circuit Court of Appeals was whether the automatic stay prevented Countrywide from accounting for the pre-petition escrow shortgage in its post-petition calculation of...
The Rooker-Feldman doctrine precludes lower federal courts from exercising appellate jursidciction over final state-court judgments because such appellate jurisdiction rests with the U.S. Supreme...