David J. Rosenberg Wins First Amendment Case Before The Third Circuit

April 20, 2015 07:35 PM

David J. Rosenberg, a Partner in the Weber Gallagher Pittsburgh office, successfully represented the City of Hermitage in a freedom of speech case before the 3rd Circuit.

The judges, on April 2, agreed with Rosenberg's argument that Mercer Outside Advertising LLC lacked standing to pursue 1st and 14th Amendments claims against Hermitage. Mercer applied to construct billboards in Hermitage and the applications were denied. Mercer claimed, among other things, that Hermitage violated its right to free speech. 

Initially, the District Judge in the Western District of Pennsylvania granted Hermitage's Motion to dismiss. The District Court did not consider Hermitage's argument regarding standing, but did agree with Rosenberg's arguments on the merits of the Constitutional claims and dismissed the case.  The Third Circuit, in a Non-Precedential Opinion, wrote that the case had become "extraordinarily complicated" and noted that the Circuit Court had not addressed Hermitage's lack of standing argument, instead deciding the case on the merits of the convoluted arguments raised by Mercer.

Rosenberg and Hermitage were forced to address each of these arguments and the Circuit Court adopted these defenses and concluded that the District Court should have considered the lack of standing argument. As such, the Third Circuit affirmed on different grounds and accepted the points raised by Rosenberg in his argument. The matter was remanded to the District Court to clarify its order and the action against Hermitage has now been dismissed.

Rosenberg concentrates his practice on insurance and commercial litigation. His clients include some of the nation’s largest property and casualty insurers and their insureds, from a variety of businesses and professions. He is a certified mediator in Pennsylvania, concentrating on subrogation, property insurance and first-party insurance disputes. He is also the President of the International Association of Defense Counsel Foundation Board.

Back to news