188 results for 'cat:"Civil Procedure" AND cat:"Jurisdiction"'.
J. Pena finds that the lower court improperly denied the appellant's plea to the jurisdiction in this personal injury lawsuit stemming from a vehicle collision. The appellee motorist failed to file suit within the limitations period, and "the doctrines of misnomer and misidentification do not apply to toll the limitations period." Reversed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: December 7, 2023, Case #: 13-22-00575-CV, Categories: civil Procedure, Tort, jurisdiction
J. Boyd responds to certified questions, submitted by the Fifth Circuit Court of Appeals, concerning whether the flight attendants' injury claims have standing after a series of rulings and the passage of time. After the attendants' initial filing was dismissed in federal district court, and affirmed by the appeals court, they refiled their suit. The refiled suit was also dismissed because it was barred by the statute of limitations. The attendants have exhausted their appeals as allowed under Texas law, thus ending their ability to pursue their claims.
Court: Texas Supreme Court, Judge: Boyd, Filed On: December 1, 2023, Case #: 23-0388, Categories: civil Procedure, jurisdiction
J. Tijerina finds that the lower court properly granted the city's plea to the jurisdiction in this lawsuit brought by an individual who was allegedly arrested at a shopping mall. On appeal, the individual, who appears pro se, fails to challenge "the bases for the trial court's grant of the City's plea to the jurisdiction." Instead, he only challenges the dismissal under Rule 91a. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: November 30, 2023, Case #: 13-22-00152-CV, Categories: civil Procedure, Civil Rights, jurisdiction
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed an individual's request for a writ of prohibition. Even if it erroneously granted the Republican Party's request for attorney fees stemming from frivolous conduct without holding the required hearing, it maintained jurisdiction over the case, which prevents any prohibition relief. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 28, 2023, Case #: 2023-Ohio-4188, Categories: civil Procedure, Judiciary, jurisdiction
J. Dougherty finds that the superior court properly reversed a venue transfer in this couple’s product liability case alleging negligent lawn mower design following a husband being thrown off the mower and having his legs run over by the blades. The proper venue is Philadelphia County since the record fails to indicate that the company’s products were not regularly available for sale there. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Dougherty, Filed On: November 24, 2023, Case #: J-6-2023, Categories: civil Procedure, Product Liability, jurisdiction
Per curiam, the circuit finds that an appeal should be dismissed as brought from an order vacating and remanding default judgment entered against a creditor in bankruptcy court. The litigation administrator of the debtors' post-confirmation estates challenged the order, which reopened an adversary proceeding over collection efforts on behalf of the creditor, but default judgment did not constitute an appealable final order.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 22, 2023, Case #: 23-60-bk, Categories: Bankruptcy, civil Procedure, jurisdiction
J. Smith denies a group of individuals affiliated with the First Presbyterian Church of Bethlehem’s motion to dismiss this case, which alleges they took unauthorized actions to affiliate the church with a different denomination, for lack of jurisdiction. This court has jurisdiction under the Declaratory Judgment Act to determine if the church’s insurance company must defend the church.
Court: USDC Eastern District of Pennsylvania, Judge: Smith, Filed On: November 7, 2023, Case #: 5:23cv678, NOS: Insurance - Contract, Categories: civil Procedure, Insurance, jurisdiction
Per curiam, the Supreme Court of Ohio finds the developer is entitled to a writ of prohibition to prevent any alterations to the judgment or an award of additional fees to the homeowners. The trial court lost jurisdiction over the lawsuit when it entered a final judgment in favor of the homeowners and, upon a limited remand from the appeals court, could not consider the homeowners' request for additional attorney fees.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: October 31, 2023, Case #: 2023-Ohio-3907, Categories: civil Procedure, jurisdiction, Attorney Fees
J. Vance grants remand to a truck-stop casino and against its insurer arising from a breach of coverage claim of property damage from a lightning strike. The casino successfully argued that the amount due for repairs under the insurance policy is not in controversy because the insurer had already paid for repairs before suit was filed, and thus the only amounts at issue in its petition are statutory penalties and attorney fees. The insurer failed to offer summary judgment-type evidence that supports its argument that the disputed mount exceeds the jurisdictional minimum of $75,000.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: October 17, 2023, Case #: 2:23cv3709, NOS: Insurance - Contract, Categories: civil Procedure, Evidence, jurisdiction
J. Hart finds that while the county has a legally protected interest in oil and gas wells in its boundaries, the lower court properly dismissed its claims against the Department of Public Health. The increase in inspections to prevent leaks and reduce emissions does not constitute a concrete injury and, therefore, the county lacks standing to bring its claims. Affirmed.
Court: Colorado Supreme Court, Judge: Hart, Filed On: October 16, 2023, Case #: 2023CO54, Categories: civil Procedure, Environment, jurisdiction
J. Joseph denies a New Mexico resident’s request to dismiss for lack of jurisdiction a lawsuit by a Louisiana company against his multi-state-based company to recover for the loss of the litigant’s industrial equipment in a fire at a well location in western Central Texas. The master lease agreement explicitly designates the Western District of Louisiana as a proper forum. Though the well site was in Texas, the master lease called for loading and unloading of the equipment at the litigant’s facility in Louisiana. Further, the New Mexican owner of the sued corporation fails to show that litigating the contractual dispute in Louisiana would be unfair or unreasonable.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: October 13, 2023, Case #: 6:23cv936, NOS: Other Contract - Contract, Categories: civil Procedure, Energy, jurisdiction
J. Richardson adopts the magistrate judge's recommendation and dismisses this action based on a lack of jurisdiction. The plaintiff, an independent contractor who performed construction and maintenance work for the defendant homeowners association, asserts claims for defamation and sexual harassment. However, he fails to establish a basis for federal question jurisdiction.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: October 13, 2023, Case #: 3:23cv159, NOS: Employment - Civil Rights, Categories: civil Procedure, Defamation, jurisdiction
J. Osteen dismisses the remaining claims, for lack of subject matter jurisdiction, brought by a former employee who says he was cheated out of his pension after his employer merged with another, larger firm. The entities the retiree sues are not proper parties to his ERISA claims.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: September 28, 2023, Case #: 1:21cv274, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: civil Procedure, Pensions, jurisdiction
[Consolidated.] J. Bennett grants Under Armour’s motion to dismiss allegations of misrepresentations to the company’s shareholders about its performance and consequent loss in sales. The shareholders collectively filed putative actions for alleged violations of securities laws because the company and its executives hid the company’s losses from shareholders. However, these actions are pending, so the company’s dismissal is granted until the actions are resolved. Also, the court does not have subject matter jurisdiction until those actions are resolved.
Court: USDC Maryland, Judge: Bennett, Filed On: September 27, 2023, Case #: 1:20cv3390, NOS: Stockholders’ Suits - Contract, Categories: civil Procedure, Securities, jurisdiction
[Modified.] J. Streeter makes more than a dozen clarifications with no change in judgment. The trial court must reconsider a motion by employees suing under the Private Attorneys General Act to intervene in a separate PAGA lawsuit in another court. Mandatory intervention is inapplicable since the movants sought intervention before a settlement was submitted from approval in the separate PAGA case. But the trial court may grant permissive intervention after considering a motion for a stay and the possibility of exclusive concurrent jurisdiction. Vacated.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: September 25, 2023, Case #: A165320, Categories: civil Procedure, Employment, jurisdiction
J. Stiglich finds that the hearing officer properly dismissed the corrections employee's appeal of a disciplinary action. The employee failed to attach the written notification of the action to the appeal form. This requirement is a procedural claim-processing rule, is not jurisdictional, and the failure to attach the written notice did not divest the hearing officer of jurisdiction. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: September 21, 2023, Case #: 83942, Categories: civil Procedure, Employment, jurisdiction
J. Bogardus finds the trial court's failure to include the intervening insurer in its ruling on summary judgment renders its decision non-final for the purposes of this appeal. Although the insurer never filed its complaint for declaratory relief after being granted permission to intervene, New Mexico law requires the adjudication of the rights and liabilities of all parties prior to any appeals.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: September 18, 2023, Case #: A-1-CA-40161, Categories: civil Procedure, jurisdiction