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PEACE CHURCH RISK v. JOHNSON CONTROLS FIRE PROT.

No. 21-2923.

49 F.4th 866 (2022)

PEACE CHURCH RISK RETENTION GROUP, (a reciprocal), as Subrogee of Barclay Friends; Caring Communities, (a reciprocal), as Subrogee of Barclay Friends v. JOHNSON CONTROLS FIRE PROTECTION LP, fka SimplexGrinnell LP, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 20, 2022.

Attorney(s) appearing for the Case

Catherine G. Bryan , Jeffrey L. O'Hara , Connell Foley, 1085 Raymond Boulevard, One Newark Center, 19th Floor, Newark, NJ 07102, Timothy K. Lewis , Schnader Harrison Segal & Lewis, 120 Fifth Avenue, Suite 2700, Pittsburgh, PA 15222, Bruce P. Merenstein , Schnader Harrison Segal & Lewis, 1600 Market Street, Suite 3600, Philadelphia, PA 19103, Attorneys for Johnson Controls Fire Protection LP.

Morgan S. Birch , Thomas B. Fiddler , Justin E. Proper , White & Williams, 1650 Market Street, One Liberty Place, Suite 1800, Attorneys for Peach Church Risk Retention Group and Caring Communities.

Before: SHWARTZ, KRAUSE, and ROTH, Circuit Judges.

OPINION OF THE COURT

The parties' initial briefs asked us to decide the availability of particular tort claims under Pennsylvania law. But before any federal court can decide the merits of such a question, it must have the jurisdiction to do so, and supplemental briefing on a jurisdictional issue submitted to this...

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