United States Third Circuit

In a 42 U.S.C. section 1983 action brought by plaintiffs, owners of burial plots, against a cemetery and other defendants alleging their actions resulted in an unconstitutional "taking" of their "support estates", dismissal of plaintiffs' claims for lack of subject matter jurisdiction pursuant to the Rooker-Feldman doctrine is affirmed, but the matter is remanded for the district court to rule on defendants' Rule 11 motion for sanctions, which should have been done prior to entry of final judgment.

Appellate Information

• Decided 02/05/2008
• Published 02/05/2008

Judges

• Before: McKEE, CHAGARES and HARDIMAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Louis M. Tarasi, Jr., Colm W. Kenny, Tarasi, Tarasi & Fishman, Pittsburgh, PA, for Karl E. Gary, et al., Joseph A. Katarincic, Jerri A. Ryan, Christopher P. Furman, Thorp, Reed & Armstrong, Pittsburgh, PA, for Consol Energy and CNX Coal., Rodger L. Puz, Dickie, McCamey & Chilcote, Pittsburgh, PA, for Braddock Cemetery.