1,788 results for 'cat:"Jurisdiction"'.
J. Wozniak finds the trial court properly entered the final judgment for dissolution between a former husband and wife. The court dismissed this appeal for a lack of jurisdiction regarding the final order of relocation. Affirmed in part. Dismissed in part.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: May 10, 2024, Case #: 6D23-1663, Categories: Family Law, jurisdiction
J. Rothstein remands the job applicant's complaint alleging that the equipment company did not include the wage scale, salary range or general description of benefits for its job openings in violation of Washington state law. A job posting that does not provide compensation information is a technical violation, which by itself does not create concrete injury. Because the applicant lacks Article III standing, the court lacks subject matter jurisdiction and the case must be remanded to superior court.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: May 10, 2024, Case #: 2:24cv175, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, jurisdiction
J. Immergut dismisses the medical device company's lawsuit claiming that its former account manager's allegations that it violated several provisions of California law, including California’s Fair Employment and Housing Act, do not fall under California law. The company's suit "is the kind of 'reactive declaratory action' that federal courts 'should generally decline to entertain.'"
Court: USDC Oregon, Judge: Immergut, Filed On: May 10, 2024, Case #: 3:24cv356, NOS: Employment - Civil Rights, Categories: Employment, jurisdiction
J. Simmons grants PharmaCare Laboratories' motion to dismiss the consumers' false representation claims concerning its black elderberry products. PharmaCare Laboratories is an Australian company with its principal place of business in Austria. Its has provided evidence that the other defendant in the case, PharmaCare U.S., is responsible for manufacturing and selling the black elderberry products in California. Therefore, the court lacks jurisdiction over PharmaCare Laboratories.
Court: USDC Southern District of California, Judge: Simmons, Filed On: May 10, 2024, Case #: 3:23cv1318, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, jurisdiction
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J. Reiber grants the state’s motion to dismiss this case stemming from the adjudication of a child as a child in need of care or supervision. The family division’s jurisdiction was terminated when the child was returned to the parents without any conditions or supervision. Dismissed as moot.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: May 10, 2024, Case #: 23-AP-332, Categories: Family Law, jurisdiction
J. Lehrmann finds that the court of appeals improperly ruled in favor of a property owner who claims the insurance company improperly denied coverage for hail and windstorm damage to his beachfront condo. The court of appeals found that the trial judge lacked jurisdiction over the case because she was not appointed by the Judicial Panel on Multidistrict Litigation. While the requirement that a judge must be appointed by the panel to hear litigation such as this is mandatory, it is not jurisdictional. The trial court did not lack jurisdiction because the judge was not appointed and the legislature did not have such an intent in crafting this area of the insurance code. Reversed.
Court: Texas Supreme Court, Judge: Lehrmann, Filed On: May 10, 2024, Case #: 23-0447, Categories: Civil Procedure, Insurance, jurisdiction
Per curiam, the appellate division finds that the lower court properly dismissed a claim the assistant of a stylist of celebrity Kim Kardashian published a photograph including the claimant without her consent. The claim does not prove that the court has personal jurisdiction over Kardashian or that she continuously conducts business in New York. The same goes for NBC Universal, which was not shown to have deceived or misled the public materially. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02514, Categories: Privacy, jurisdiction
J. Brennan denies, in part, the Canadian citizens' motion to dismiss, ruling that while they do not reside in Ohio, the real estate they own in the state gives this court jurisdiction over claims regarding the title of those properties under the Ohio long-arm statute. However, because tax issues in New Jersey and New York are entirely unrelated to any properties or business conducted in the state of Ohio, this court lacks jurisdiction over those claims, which will be dismissed.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: May 9, 2024, Case #: 1:20cv2744, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Real Estate, jurisdiction
J. Wilson finds that the trial court improperly dismissed the lender's breach of contract claim for lack of standing. The lender alleged sufficient facts to show standing on the claim for an unpaid loan against the individual accused of misdirecting the funds "for the benefit of a different religious community." Reversed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: May 9, 2024, Case #: 14-23-00131-CV, Categories: jurisdiction, Contract
J. Stewart finds that the appeals court erroneously determined the trial court lacked jurisdiction over defendant's murder case. Although the juvenile court did not find probable cause to bind over the murder charge to adult court, the complicity to commit murder charge, which was properly bound over, was based on the same set of facts and gave the adult court jurisdiction over all the charges. Additionally, the appeals court erroneously suppressed statements made by defendant to police without an attorney because the interview took place before any criminal proceedings and before the right to counsel attached; furthermore, defendant waived his right to counsel after being read his Miranda rights. Reversed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: May 9, 2024, Case #: 2024-Ohio-1752, Categories: Juvenile Law, Murder, jurisdiction
J. Guerra finds that the trial court has jurisdiction over false imprisonment and negligence claims brought by a former contestant against the production company for Netflix's "Love is Blind.” Because most of the company's alleged actions, including sequestering the contestant without her consent in a hotel, took place in Houston, the trial court can exercise specific jurisdiction over these claims. However, her two assault claims alleging that another contestant sexually assaulted her fall outside of the court's jurisdiction because the alleged assault occurred during filming in Mexico.
Court: Texas Courts of Appeals, Judge: Guerra, Filed On: May 9, 2024, Case #: 01-23-00444-CV, Categories: Negligence, jurisdiction, Assault
J. Powell finds the lower court properly determined the originating court lacked jurisdiction. A patient in southwestern Virginia went to a medical center in nearby North Carolina for evaluation and treatment after complaining of a rash. Doctors met with the patient multiple times and communicated with the family via phone when they had inquiries. Despite seeing the patient for a long period, the doctors continued to push off having a biopsy done, allowing his soon-to-be-discovered skin cancer to increase in severity. The emails, text messages, and telephone calls from the North Carolina doctors constituted transacting business for the purpose of exercising longarm jurisdiction. Still, the communications did not qualify activities taking place within Virginia. The actual treatment occurred in North Carolina and the medical center did not maintain a presence or solicit business in Virginia. Affirmed.
Court: Virginia Supreme Court, Judge: Powell, Filed On: May 9, 2024, Case #: 230260, Categories: jurisdiction, Medical Malpractice
J. Neeley finds the county court properly granted the dept's. plea to the jurisdiction. The female African American former employee filed suit after being denied employment for a position from which she had resigned. She was eventually rehired and filed civil rights charges with the Texas Workforce Commission, alleging she was retaliated against, and that the dept. did not comply with a settlement agreement. The court lacks subject matter jurisdiction because the negligence claim does not fall within the tort claims act's limited waiver of immunity, the state is immune from the claim for breach of the settlement agreement, no prima facie claim for retaliation was stated, and the state is not the employer pursuant to the Texas Commission on Human Rights Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00204-CV, Categories: jurisdiction, Employment Discrimination, Employment Retaliation
J. Fitzwater finds that a medical center that terminated contracts with two billing agencies for discrepancies and non-performance can join one of the billing agencies as an additional defendant in a suit that the medical center filed after they were sued by the other billing agency for premature termination of the contract. The joiner of the second defendant will defeat diversity jurisdiction, but the medical center has shown that their request to join a defendant is not undertaken solely to defeat diversity. When the medical center filed the suit, they already had a separate claim against the second billing agency, so they did not add the second agency as a defendant at that point. The case is remanded to the state court.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: May 8, 2024, Case #: 3:23cv2523, NOS: Other Contract - Contract, Categories: jurisdiction, Contract
J. Walker finds that the lower court properly found the pension fund correctly terminated the firefighter's pension benefits following his guilty plea to various federal crimes. The law permits the fund to file a new action, as it did here, to divest a member of his pension benefit award upon a conviction for a service-related felony without the need to retain jurisdiction upon the granting of the initial award. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: May 8, 2024, Case #: 231311, Categories: Administrative Law, Pensions, jurisdiction
J. Neeley finds the county court properly granted the Department of Health and Human Services' plea to the jurisdiction. The black, female former employee filed suit after being denied employment for a position from which she had resigned. She was eventually rehired and filed civil rights charges with the Texas Workforce Commission, alleging she was retaliated against, and that the department did not comply with a settlement agreement. The court lacks subject matter jurisdiction because the negligence claim does not fall within the Texas Tort Claims Act's limited waiver of immunity, the state is immune from the claim for breach of the settlement agreement, no prima facie claim for retaliation was stated and the state is not the employer pursuant to the Texas Commission on Human Rights Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00204-CV, Categories: jurisdiction, Employment Discrimination, Employment Retaliation
Per curiam, the Supreme Court of Ohio finds the petitioner was not entitled to a writ of mandamus to reinstate a legal malpractice lawsuit. Although a state court is divested of jurisdiction upon removal of the case to federal court, the petitioner failed to file his removal notice with the state court, which maintained jurisdiction and was able to dismiss the case. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 8, 2024, Case #: 2024-Ohio-1719, Categories: Civil Procedure, jurisdiction
J. Lloyd- Jones finds a lower court improperly dismissed the Republic of South Africa's motion for claim form of property of a sunken ship that carried a cargo of silver. A specialist salvage operator argued that it was entitled to security of claim after it transported the vessel for payment from South Africa to the U.K. However, the Republic of Africa sufficiently showed in court that it is entitled to the cargo being that it was not intended for use of commercial purposes. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Lloyd- Jones, Filed On: May 8, 2024, Case #: 2024UKSC16, Categories: Maritime, jurisdiction
J. Wood finds that the trial court improperly adjudicated defendant delinquent and entered a disposition order related to his alleged crime of injury to personal property because the juvenile court counselor did not approve or sign the juvenile petition, divesting this court of jurisdiction. Reversed.
Court: North Carolina Court of Appeals, Judge: Wood, Filed On: May 7, 2024, Case #: COA23-1079, Categories: jurisdiction, Juvenile Law
J. Edwards denies remand to the Chapter 11 liquidating trustee for two bankrupt German-owned manufacturers of wood pellets. The trustee, a resident of Massachusetts, acted in “bad faith” to keep his suit against three financial advisors in a Louisiana state court. The sued financial advisors, who sold now-worthless bonds to build a wood pellet plant in Louisiana, met the high burden of demonstrating the trustee misused the federal removal statute by leaving a lone Louisiana resident – an accountant – to keep his suit in state court. The state court dismissed the trustee’s action against the Louisiana-based accountant because he had no evidence to support his allegations against her, nor did he depose her.
Court: USDC Western District of Louisiana , Judge: Alexandria, Filed On: May 7, 2024, Case #: 1:23cv505, NOS: Other Contract - Contract, Categories: Bankruptcy, Securities, jurisdiction
J. Vance denies a request by a Michigan-based insurer to dismiss a Louisiana policyholder’s failure-to-cover suit alleging hurricane damage to two separate properties. Because the policyholder has properly alleged all of its claims against the insurer and the amount in controversy is met with respect to one of the two properties, the court has jurisdiction over the entire case.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: May 7, 2024, Case #: 2:24cv458, NOS: Insurance - Contract, Categories: Evidence, jurisdiction
Per curiam, the circuit finds the district court improperly dismissed the insurer's petition to appoint an umpire for lack of subject matter jurisdiction. The company refused to pay an additional $349,000 after paying the hail-damaged property owner $61,000 after deductions. The court erroneously concluded the petition did not meet the amount-in-controversy requirement for diversity jurisdiction. The company's petition establishes an amount in controversy of more than $75,000, meeting requirements for diversity jurisdiction. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 7, 2024, Case #: 23-10888, Categories: Insurance, Property, jurisdiction
J. Schroeder remands this zoning dispute in which a group of property owners claim that the rezoning of a nearby lot in order to build a school violates their Second Amendment rights and state laws. The owners allege that based on state law, they would not be permitted to carry firearms on a private lane — which is their only entrance and exit to a public road — that divides the rezoned property. The parties request the court to use supplemental jurisdiction because, they argue, the state claims are similar enough to the Second Amendment claim that it is warranted. However, because the court does not have original jurisdiction over any of the claims, it cannot use supplemental jurisdiction and the claims must be remanded for a lack of subject matter jurisdiction.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: May 7, 2024, Case #: 1:23cv797, NOS: Other Civil Rights - Civil Rights, Categories: Property, Zoning, jurisdiction