Sheri Polster Chappell

In Wright v. Dyck-O’Neal, Chappell granted judgment on the pleadings for the debt collector. She held that Florida’s notice-of-assignment statute did not make notice a condition precedent to collection and that the pleaded failure to give notice therefore did not establish the federal claim.

“In short, Section 559.715 has no language making notice of assignment a condition precedent. DONI thus did not violate the FDCPA.”

A surety seeking specific performance of a clear collateral-security clause can establish irreparable harm from the loss of collateralization itself while claims remain pending; delay in seeking relief is relevant but not necessarily fatal when the other Rule 65 factors strongly favor enforcement.

“the nature of the injury in collateral security provision cases is the lack of collateralization while claims are pending, and nothing can remedy that injury after the fact.”

A constitutional tort theory must connect the challenged speech to the individual defendant's own knowledge and actions; motive cannot be imputed from other officials without record evidence of that connection.

“There must exist ‘a factual connection between [Plaintiff’s] speech and each individual official defendant, through the official’s own individual actions[.]’”

In Longo, the court treated Congress's express exclusion of Indian tribes from Title VII's employer definition as dispositive of the former casino employee's federal claim.

“Congress chose to expressly exempt Indian tribes from Title VII’s definition of ‘employer.’”

In Turtle, the court distinguished the tribe's retained right to sell alligator eggs from the government's authority to enforce nondiscriminatory conservation measures protecting the species.

“In short, although Congress has not exercised its authority to abrogate Turtle's right to sell eggs, those rights are not unlimited.”

In Peoples Gas, the court declined to create a statutory indemnity remedy where the underground-facility statute supplied no express or implied right to recover a third-party settlement.

“A plain reading of the statute supports no claim for indemnification.”

In Garrison Systems, Chappell treated state claims based on copying and displaying copyrighted photographs as preempted, while recognizing that a contract claim rests on a distinct source of duty. She nevertheless dismissed the browsewrap contract count without prejudice because the pleaded website notice was inadequate.

“Count VI, however, is not preempted. This is because the cause of action”

In a franchise dispute, detailed allegations of a former franchisee’s use of proprietary information, equipment, and trade dress supported an unfair competition claim at the pleading stage.

“Plaintiff has adequately pled a claim for common law unfair competition under Pennsylvania law.”

In Najera Sevilla, Chappell granted habeas relief after finding a detention began before issuance of a warrant or notice to appear and the government did not claim an exception for warrantless arrest.

“The government violated Najera Sevilla’s right to due process by arresting and detaining him without a warrant and before he was in removal proceedings.”

In Beraun Rojas, Chappell granted habeas relief after finding the record lacked evidence that continued detention served appearance or public-safety purposes.

“The record is devoid of any evidence suggesting Beraun Rojas is a flight risk or a danger to the community.”