1,803 results for 'cat:"Jurisdiction"'.
J. Zimmerer finds that the trial court improperly granted the city's plea to the jurisdiction in a female police officer's suit alleging discrimination and retaliation after she was demoted from assistant chief to lieutenant by the acting chief following her role in an investigation into his son's sexually harassing conduct as a field-training officer. The demoted officer established a prima facie case of retaliation and gender discrimination. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: May 16, 2024, Case #: 14-23-00143-CV, Categories: Employment, Municipal Law, jurisdiction
J. Doss finds that the lower court properly entered a Chapter 7B protective order against the appellant on behalf of the mother and the child. Contrary to the appellant's argument, an order transferring the case to another county does not prove a lack of jurisdiction. Additionally, the lower court did not err in rejecting his motion to set aside the default judgment, which was based on his failure to appear at the hearing on the protective order application. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: May 16, 2024, Case #: 07-23-00229-CV, Categories: Restraining Order, jurisdiction
J. Snyder denies an employer's motion to dismiss a company co-founder and vice president's claims that he was not paid commissions and not properly compensated under the agreement, as well as claims for retaliation and wrongful termination. The companies "purposely availed themselves of the privilege of conducting business in California" and therefore the court has personal jurisdiction, as well as pendant jurisdiction over the employee's defamation claim.
Court: USDC Central District of California, Judge: Snyder, Filed On: May 15, 2024, Case #: 2:23cv7459, NOS: Employment - Civil Rights, Categories: Employment, Defamation, jurisdiction
J. Logue finds the trial court improperly vacated a prior judge's order enforcing a settlement agreement in the borrower and lender's foreclosure case, as the trial court's order was built upon the incorrect assumption that the prior judge did not have jurisdiction to enforce the settlement agreement. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: May 15, 2024, Case #: 23-1319, Categories: Settlements, jurisdiction, Foreclosure
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J. Johnson finds that the trial court properly dismissed a pedestrian's trip and fall claim, alleging that she was injured when she stepped in a hole in the city's parking lot. In this case, the trial court lacks subject matter jurisdiction because the Office of Workers’ Compensation has exclusive, original jurisdiction over the matter. The pedestrian's claims of negligence against the city were alleged under the theory of premises liability, and, at the time of the fall, the pedestrian was walking to her vehicle at the end of her workday with the city. Therefore, the pedestrian was still in the course of her employment with the city. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 15, 2024, Case #: 23-CA-368, Categories: Negligence, jurisdiction, Workers' Compensation
J. Pulliam remands a car accident lawsuit to state court because, while there is a genuine factual dispute over who owns a cab involved in the accident, the court at this point “must resolve all factual issues, doubts as to the propriety of removal, and ambiguities in favor of” the suing parties, and this federal court therefore lacks jurisdiction.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: May 15, 2024, Case #: 5:24cv320, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, jurisdiction
J. Doss finds that the lower court improperly denied the city's plea to the jurisdiction in this employment discrimination lawsuit. The former employee failed to show that her termination was "an instance of disparate discipline" in support of her claims for age and sex discrimination. Accordingly, the former employee's claims are dismissed based on a lack of subject matter jurisdiction. Reversed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: May 15, 2024, Case #: 07-23-00275-CV, Categories: Civil Procedure, jurisdiction, Employment Discrimination
J. Chambers grants the property owner's motion to remand the property dispute case and denies without prejudice the gas transmission company's motion to dismiss. Because there is no federal question jurisdiction here, the action is remanded to the Circuit Court of Putnam County, West Virginia.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: May 15, 2024, Case #: 3:23cv704, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Property, jurisdiction
J. Pratter grants a property seller’s motion to dismiss a buyer’s conspiracy suit for failure to establish a conspiracy claim in a property transfer dispute. The matter at hand involves just a $2,000 sum, so this is a matter for a state court, not this federal court.
Court: USDC Eastern District of Pennsylvania, Judge: Pratter, Filed On: May 15, 2024, Case #: 2:23cv1188, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Property, jurisdiction, Contract
Per curiam, the appellate division finds that the lower court properly delcined to vacate an order of foreclosure. The borrower executed a consolidated note, and its principal executed a personal guaranty. The court thus has jurisdiction over the borrower because the process server plausibly testified as to service so that personal jurisdiction requirements were met. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02682, Categories: Civil Procedure, jurisdiction, Banking / Lending
J. Hall grants the citizen's motion to dismiss a civil rights and breach of contract action brought by the individual arising from a dispute over a property easement. The individual claimed the citizens made misrepresentations with respect to a third party's interest in his property and then gave the property to the third party. The individual failed to sufficiently allege his citizenship and failed to show that the instant court has diversity or subject matter jurisdiction over his claims. The individual's claims arise from state property law and do not involve federal law.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: May 14, 2024, Case #: 1:23cv131, NOS: All Other Real Property - Real Property, Categories: Property, jurisdiction
J. Stark dismisses an appeal brought by a medical products company sued for patent infringement. The company claims it is immune from liability for part of its accused product under a provision of the Pandemic Preparedness Act. This court lacks jurisdiction.
Court: Federal Circuit, Judge: Stark, Filed On: May 14, 2024, Case #: 2022-1943, Categories: Patent, jurisdiction
J. Kobayashi dismisses an environmental nonprofit’s challenge to the Navy over the contamination of Hawaii waters by its Red Hill fuel storage facility. The facility is in the process of being decommissioned and defueled, so this case may conflict with already existing administrative state and federal processes. However, the nonprofit may amend the complaint to specify their environmental claims for elements such as remediation that are not covered in the administrative processes. Elements that are covered will be stayed pending progression of the defueling.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: May 14, 2024, Case #: 1:22cv272, NOS: Environmental Matters - Other Suits, Categories: Environment, Government, jurisdiction
J. Rogers upholds the district court's denial to the Government of Romania on its motion for relief from judgments that confirmed a $356 million arbitration award against it. The district court did not lack jurisdiction to enter the judgments, as Romania was not part of the EU, which allegedly has a law that invalidates the arbitration agreement, when the dispute began. Affirmed.
Court: DC Circuit, Judge: Rogers, Filed On: May 14, 2024, Case #: 23-7008 , Categories: Arbitration, Choice Of Law, jurisdiction
J. Baker finds that the trial court properly determined that it lacked personal jurisdiction over a Brazilian living in Brazil who was sued for breaching a contract with a Montana plaintiff and his company. The only connection to Montana is the plaintiff and his company since the Brazilian did not seek the application of Montana law and the dispute did not arise from his actions in Montana. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: May 14, 2024, Case #: DA 23-0294, Categories: jurisdiction, Contract
J. Jolly finds the district court properly remanded the class action to state court. The data privacy dispute was brought under allegations the healthcare-associated entity embedded tracking pixels onto its website sharing private information with third-party websites. Though the company says it acted under the direction of a federal officer, at least two other circuits have found a hospital does not act under the direction of the federal government when maintaining an online patient portal utilizing tracking pixels. The federal relationship is weak, and the company cannot show that it acted pursuant to a federal officer’s directions for purposes of federal officer removal. Affirmed.
Court: 5th Circuit, Judge: Jolly , Filed On: May 13, 2024, Case #: 23-30522, Categories: Health Care, Privacy, jurisdiction
J. Kennedy finds in this interlocutory appeal that the lower court properly dismissed certain claims against the school district due to a lack of subject matter jurisdiction. Contrary to the appellant's argument, the district's removal of the case to federal court "did not impact its right to rely on governmental immunity under state law." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: May 13, 2024, Case #: 05-23-00877-CV, Categories: Civil Procedure, Immunity, jurisdiction
J. Wilson dismisses a contractor's appeal for lack of jurisdiction. The contractor failed to deliver three glacial pool coolers for use at the Naval Diving and Salvage Training Center in Panama City, Florida and the Navy terminated the contract. The record shows the Navy notified the contractor of the termination. The contractor admits it received notice of the termination, though it did not file its appeal with the board until 12 days after the 90-day window.
Court: Armed Services Board Of Contract Appeals, Judge: Wilson, Filed On: May 13, 2024, Case #: 63743, Categories: jurisdiction, Military, Contract
J. Lindsay finds jurisdictional deficiencies in Walmart’s removal to federal court of a personal injury claim brought by a customer. The customer’s recovery of damages is listed as $250,000 or less, which includes the possibility of damages below the federal jurisdictional limit of $75,000. In consideration of the evidence that the customer presents, she is unlikely to recover damages in excess of the federal jurisdictional limit. The case is remanded to the state court.
Court: USDC Northern District of Texas , Judge: Lindsay, Filed On: May 13, 2024, Case #: 4:23cv2736, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Damages, jurisdiction
J. May finds that defendant was improperly convicted of child molesting. The juvenile court lost jurisdiction over defendant and his criminal actions when he turned 21, and the criminal court lacked jurisdiction to try him for conduct that occurred when he was a minor. The gap in jurisdiction has been addressed in a new law, but fairness precludes retroactive application to defendant. Reversed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: May 10, 2024, Case #: 23A-CR-330, Categories: Juvenile Law, Sex Offender, jurisdiction
J. Rothstein remands the job applicant's class action alleging that the furniture company violated Washington law by not posting the wage scale or salary of its job opening. The job applicant does not plausibly allege a cause of action, because while a job posting that does not contain compensation information is a technical violation, it does not harm or create a material risk of harm. The applicant lacks Article III standing, so the court does not have subject matter jurisdiction.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: May 10, 2024, Case #: 2:23cv1742, NOS: Employment - Civil Rights, Categories: Employment, jurisdiction, Class Action
J. Rothstein remands the job applicant's complaint that the temp agency violated Washington law by not disclosing the wage scale or salary range of its job openings. The job applicant does not plausibly allege a cause of action, because while a job posting that does not contain compensation information is a technical violation, it does not harm or create a material risk of harm. Therefore, the applicant lacks Article III standing and the court does not have subject matter jurisdiction.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: May 10, 2024, Case #: 2:23cv1680, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, 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