The 3rd U.S. Circuit Court of Appeals has decided a plaintiff’s federal claims are not precluded when the plaintiff puts the defendants in a state action on notice that the federal claims are being split off and the defense never objects.
In the same ruling in R&J Holding Co. v. Redevelopment Authority of County of Montgomery , the panel ruled the redevelopment authority’s holding of a property title for five years is equivalent to a direct taking of the property and the property owner is entitled to compensatory damages under federal law even if it already collected attorney fees in fighting the condemnation action in state court.
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