43 results for 'cat:"Government" AND cat:"Jurisdiction"'.
J. Bloomekatz finds the lower court properly dismissed the Republican Party member's lawsuit regarding the constitutionality of a "gender quota" for its central leadership committee. The state laws challenged by the member are also included in the party's bylaws, which means a court order to strike down the state laws would not redress his injury and, therefore, he lacked standing to bring his lawsuit. Affirmed.
Court: 6th Circuit, Judge: Bloomekatz, Filed On: November 20, 2023, Case #: 23-3178, Categories: Constitution, government, jurisdiction
J. Bush finds the court in which a consent judgment is entered maintains exclusive jurisdiction over the dispute and, therefore, the property developer could not make a collateral attack on the judgment in federal court through the filing of a new lawsuit. Although the claims in the federal suit were different from those brought in the original rezoning action in state court, they would require the federal court to interpret or enforce the developer's consent judgment with the township and, therefore, the suit was barred by res judicata. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: September 7, 2023, Case #: 22-1950, Categories: government, Zoning, jurisdiction
J. Barbier denies as “vague” and “unpersuasive” challenges by a chemical plant to a 2010 government toxicology study that found its chloroprene emission rates posed an “imminent danger” to public health in communities surrounding the facility. Dismissing the plant’s claims in no way hinders its ability to defend itself or to argue that the government study is inaccurate or flawed. Dismissal of the plant’s claims on jurisdictional grounds does not constitute a judgment on the merits of the government’s suit against the facility.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: August 31, 2023, Case #: 2:23cv735, NOS: Environmental Matters - Other Suits, Categories: Environment, government, jurisdiction
J. Smith dismisses an appeal brought by the Texas Comptroller in a royalties case brought by the stakeholders of a property’s mineral rights. The comptroller initially sought to dismiss the case for lack of jurisdiction, which the trial court denied and the court of appeals affirmed. Now, on appeal from the trial court’s second denial of the same request, the comptroller again argues that the trial court erred in denying his motion to dismiss. The comptroller’s second appeal fails to raise a new issue under which an appeal would be warranted.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: August 18, 2023, Case #: 03-21-00414-CV, Categories: government, jurisdiction
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J. Barbier denies DuPont’s motion to dismiss the federal government’s environmental lawsuit against it over a neoprene manufacturing facility on its property, leased to another firm. The government says the plant’s chloroprene emission rates pose an “imminent danger” to public health in communities surrounding it. DuPont unsuccessfully argued that the court lacked jurisdiction over “hypothetical allegations” that DuPont may interfere with the chemical plant’s compliance with orders to reduce pollution emissions at the facility. The court disagrees; the mere fact that DuPont is in a position to frustrate a potential court order is sufficient reason for the inclusion of DuPont as the landlord in the government’s environmental lawsuit and for the court to retain jurisdiction in the case.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: August 18, 2023, Case #: 2:23cv735, NOS: Environmental Matters - Other Suits, Categories: Environment, government, jurisdiction
[Consolidated.] Wynn grants the natural gas pipeline's motion to dismiss petitions for review of permit approvals for lack of jurisdiction. In passing the Fiscal Responsibility Act of 2023, Congress gave exclusive jurisdiction to the Washington D.C. Circuit Court. Dismissed.
Court: 4th Circuit, Judge: Wynn, Filed On: August 11, 2023, Case #: 23-1384, Categories: Energy, government, jurisdiction
Per curiam, the Hawaii Supreme Court denies a writ of mandamus to the Honolulu mayor, finding that the petition is improper and asks the lcourt to sidestep normal appeal procedures in a matter concerning who had jurisdiction over labor complaints under the former governor’s emergency Covid-19 proclamations.
Court: Hawai'i Supreme Court, Judge: Per curiam, Filed On: August 7, 2023, Case #: SCPW-23-46, Categories: government, jurisdiction, Labor
J. Hollander grants the United States its motion to dismiss a suit alleging violations of the Federal Tort Claims Act arising from an incident in which two civilians employed by the Army crashed into each other. Although neither of the civilians claimed injury, one of them brought a suit for $200,000 in damages. Federal civilian employees "may not file actions against the United States under the FTCA for work-related injuries." The U.S. Department of Labor found that the accident, which happened on the Army's property, was work-related. Therefore, the federal court is "stripped of its jurisdiction."
Court: USDC Maryland, Judge: Hollander, Filed On: July 26, 2023, Case #: 1:21cv1547, NOS: Motor Vehicle - Torts - Personal Injury, Categories: government, Tort, jurisdiction
J. Hickey grants the state’s motion to remand its case alleging that TikTok violated the Arkansas Deceptive Trade Practices Act by providing consumer information to China. "Each of the state's claims are carefully pled pursuant to Arkansas law, and the state specifically disclaims any contention that its claims are brought pursuant to federal law." Although TikTok cites generalized federal interests in the case, this is insufficient for federal jurisdiction.
Court: USDC Western District of Arkansas , Judge: Hickey, Filed On: July 25, 2023, Case #: 1:23cv1038, NOS: Other Fraud - Torts - Personal Property, Categories: government, jurisdiction, Business Practices
J. Stewart finds the court of appeals lacked jurisdiction to consider the merits of the park board's appeal from a decision regarding appropriation proceedings. The trial court's decision to deny the property owner's motion for summary judgment did not constitute a final, appealable order. Vacated.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: July 11, 2023, Case #: 2023-Ohio-2332, Categories: government, Property, jurisdiction
J. Smith finds the trial court improperly ruled against the Texas Department of State Health Services in a case brought against it by a company over a violation the company received for alleged possession of radioactive waste without a permit. Challenging the violation notice, the company sued for a declaration that it did not store the waste on its property, to which the department filed a plea to the jurisdiction. The company failed to establish that the department’s immunity has been waived, therefore the suit lacks jurisdiction. Reversed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: July 7, 2023, Case #: 03-21-00370-CV, Categories: government, Immunity, jurisdiction