Christopher A. Rogalski v. Laureate Education, Inc.
1. Must the result of a motion to dismiss based upon a claimed forum selection clause under F.R.C.P. 12(b)(6) be considered the same as a dismissal for forum non-conveniens ?
2. When a district court dismisses a complaint based upon a claimed forum selection clause under F.R.C.P. 12(b)(6) does it "deny audience to a case on the merits," such that it is only "a determination that the merits should be adjudicated elsewhere "?
3. When a District Cpurt dismisses a case based upon a claimed forum selection clause under F.R.C.P. 12(b)(6) does a Court of Appeals have jurisdiction under 28 U.S.C. § 1291 to decide the merits of the case under the collateral order doctrine?
4. Alternatively, did the Third Circuit Court of Appeals err by failing to certify the issue of the accrual of the statute of limitations for university/student contract or quasi contract to the New Jersey Supreme Court when precedent from the only intermediate appellate court in New Jersey declares that to be the law, contrary to the Third Circuit's declaration that commercial contract law precedent applies?
5. Did the 92 year old District Judge, who refused to adjudicate a motion for over 2 years because a pro se party did not . submit a financial statement declaring that he was paying his own legal fees, and then refused to reply to a request for an explanation of the delay for over a year, before finally issuing an opinion based upon contested facts not in evidence, give the appearance of senility violating Appellant's Fifth Amendment right to Due Process of Law?
6. May the Third Circuit Court of Appeals avoid review by this court by declaring that its opinions are "not precedential" ?
Must the result of a motion to dismiss based upon a claimed forum selection clause under F.R.C.P. 12(b)(6) be considered the same as a dismissal for forum non-conveniens?