1,803 results for 'cat:"Jurisdiction"'.
J. Cobb grants the American oil company's motion for default judgment and to confirm an arbitration award in its action against the Iranian oil company alleging that natural gas it purchased was never delivered. This court has subject matter jurisdiction over the dispute, since the parties agreed to arbitrate this dispute in a New York Convention signatory country and it is commercial in nature, and personal jurisdiction over the Iranian company since the American company successfully accomplished service when it received a "read" receipt of a service email. The American company has also satisfied procedural requirements for enforcement, and there is no reason to deny them confirmation.
Court: USDC District of Columbia, Judge: Cobb, Filed On: April 30, 2024, Case #: 1:22cv1361, NOS: Arbitration - Other Suits, Categories: Arbitration, International Law, jurisdiction
J. Rushing finds the lower court properly dismissed the consolidated appeals for lack of jurisdiction. A party to litigation may not immediately appeal a civil contempt order. Instead, the sanctioned party must wait until the final judgment to appeal. The same rule applies in bankruptcy, except the relevant final judgment may be a decree ending the entire case or a decree ending a discrete proceeding within the bankruptcy case. In the two orders underlying the appeals, the bankruptcy court held the asbestos claimants in contempt and sanctioned them for defying a discovery order. Because the contempt and sanctions orders do not terminate a procedural unit separate from the remaining bankruptcy case, they are not final appealable orders. Affirmed.
Court: 4th Circuit, Judge: Rushing , Filed On: April 29, 2024, Case #: 22-1981, Categories: Bankruptcy, jurisdiction, Asbestos
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J. Ellis grants a worker’s motion to dismiss a supplemental affidavit in this class action over a home lending company’s alleged violations of the federal Worker Adjustment and Retraining Notification Act and Illinois Wage and Payment Collection Act. However, the court also dismisses the case for lack of jurisdiction. The members of the class claimed the company fired all of them with no warning and without providing backpay for accrued personal time.
Court: USDC Northern District of Illinois, Judge: Ellis, Filed On: April 29, 2024, Case #: 1:23cv1839, NOS: Other Labor Litigation - Labor, Categories: jurisdiction, Class Action, Labor
J. Goodwin grants the customer's motions for leave to file an amended complaint and for remand of her premises liability suit against the pharmacy retailer for injuries she sustained after tripping over a pallet in one of the isles at the pharmacy's Dunbar location. Since the store manager has been identified, neither he nor the pharmacy's employees are shielded from liability since the manager had possession and control of the store while he was on-duty. Since the customer can state a claim against the manager who is a West Virginia resident, the court no longer retains jurisdiction over the action.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: April 29, 2024, Case #: 2:23cv705, NOS: Other Personal Injury - Torts - Personal Injury, Categories: jurisdiction, Premises Liability
J. Ellison finds that FBI employees who were required to take regular Covid-19 tests, as part of an accommodation policy for those that requested a religious exemption to vaccine mandates, cannot sue Attorney General Merrick Garland and FBI Director Christopher Wray in their individual and official capacities for violations of the Religious Freedom Restoration Act. The court lacks subject matter jurisdiction because sovereign immunity prevents the plaintiffs’ claim under the Act, and the defendants’ location in Washington D.C. and their roles enforcing U.S. policy prevent the court from having personal jurisdiction. The suit is dismissed.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: April 29, 2024, Case #: 4:23cv1817, NOS: Other Civil Rights - Civil Rights, Categories: Equal Protection, jurisdiction, Employment Discrimination
J. Moon grants the juvenile law attorney's motion to dismiss for lack of jurisdiction. A transgender boy ran away from home after his school told his grandmother that he wanted to use male pronouns. He was sex trafficked to Maryland, where he was rescued by law enforcement. The grandmother claims the Maryland-based lawyer representing the boy refrained from telling him that his parents had come to get her in order to intentionally mislead him, deprived him of mail from his parents while he was placed in a group home for juvenile boys and also coerced him to lie to the juvenile court about parental abuse. The attorney is employed by the State of Maryland as an assistant public defender, she is barred only in Maryland, and she only met with him in Maryland and the virtual meetings and appearances during the course of her representation of him took place on networks established by the Maryland Public Defender’s Office or the Circuit Court for Baltimore City.
Court: USDC Western District of Virginia, Judge: Moon, Filed On: April 29, 2024, Case #: 6:23cv47, Categories: jurisdiction, Lgbtq, Attorney Discipline
On rehearing, J. Easterbrook finds that the bankruptcy court improperly found that it had jurisdiction to determine the amount of a debtor's tax obligations, when the debtor is unlikely to pay them. The bankruptcy court has jurisdiction only if the tax dispute is "related to" the payment of debtor's other debts, which must be determined at the outset of the dispute not after the bankruptcy court has already resolved other creditors' claims. On remand, the court must consider whether a decision could have affected the allocation of assets among creditors on the date the debtors asked the court to determine their tax liabilities. Vacated.
Court: 7th Circuit, Judge: Easterbrook, Filed On: April 29, 2024, Case #: 16-3244, Categories: Tax, jurisdiction
J. Swiney finds the lower court properly dismissed defendant’s petition for writ of mandamus on grounds that it lacked subject matter jurisdiction. Defendant was convicted of first degree murder and attempted first degree murder, and sentenced to life imprisonment. He filed his petition with a chancery court, asking for the judgment to be expunged, as it was not properly endorsed with the date received. Though defendant argues he filed the petition for the court to compel the clerk of the criminal court to expunge what he claims is an illegal sentence, the lower court found that he was effectively challenging the legality of his sentence, which is outside the authority of the trial court; the instant court agrees. Affirmed.
Court: Tennessee Court of Appeals, Judge: Swiney, Filed On: April 26, 2024, Case #: M2023-01016-COA-R3-CV, Categories: Murder, Sentencing, jurisdiction
J. Doughty grants a request by the former wife of a businessman whose two brothers and a national baby products manufacturer sued his former spouse for breach of contract and unjust enrichment related to the couple's alleged failure to reimburse to the Louisiana-based company a total of $1.7 million for unauthorized personal expenses on company credit cards. The two brothers and the baby products-maker have not made a clear showing of minimum contacts to the state sufficient to hale their brother's ex-wife into a Louisiana court. The former spouse says she is domiciled in Florida and she was never party to a contract in Louisiana.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: April 26, 2024, Case #: 3:23cv452, NOS: Other Contract - Contract, Categories: jurisdiction, Contract
J. Greene finds that the lower city court improperly issued a judgment of eviction, as it did not have territorial jurisdiction to evict the occupant from a house located outside the city court’s territorial jurisdiction. Vacated.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: April 26, 2024, Case #: 2023 CA 0860, Categories: jurisdiction
J. Soto finds a lower court erred in issuing a Qualified Domestic Relations Order after a divorce decree. The ex-wife is right that the court did not have jurisdiction to issue the order, but it was not part of the original divorce decree and was issued after the lower court’s jurisdiction over the case had already expired. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: April 26, 2024, Case #: 08-23-00311-CV, Categories: Family Law, jurisdiction
J. Horan finds that a case in which an insured’s stated recovery is $250,000 or less, which does not conclusively place the damages above the limit for diversity jurisdiction of $75,000, can qualify for diversity jurisdiction if the insurance company that originally requested removal provides evidence that the damages sought by the insured are likely to exceed $75,000. The insurance company is granted leave to amend its notice of removal to further support qualification for diversity jurisdiction.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: April 25, 2024, Case #: 3:24cv130, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Procedure, jurisdiction
J. Poissant finds that the trial court improperly granted a plea to the jurisdiction in an actress' defamation suit against a university academic counselor after a disagreement between them and subsequent criminal trespass complaint against the actress. The counselor's claim of having "absolute privilege" will not be considered when determining subject matter jurisdiction in this case. Reversed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: April 25, 2024, Case #: 14-22-00877-CV, Categories: Defamation, jurisdiction
J. Wood finds that the lower court properly dismissed the property owners' federal suit seeking to challenge the propriety of the village's taking of their land via eminent domain. The owners never challenged the validity of the taking in their state court action, only challenging the compensation given to them. They cannot now seek a "do-over" on their takings challenge by filing in federal court. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: April 25, 2024, Case #: 23-1678, Categories: Property, jurisdiction
J. Wilson finds that the trial court properly granted the appraisal district's plea to the jurisdiction and dismissed the property owner's claims in a tax protest case involving removal of an exemption. The exclusive remedies for the owner's claims "are the procedures prescribed by the Property Tax Code." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: April 25, 2024, Case #: 14-22-00557-CV, Categories: Property, Tax, jurisdiction
J. Simons finds that the trial court lacked jurisdiction to order restitution after the end of defendant's probation on a hit-and-run conviction. Where a restitution order is for losses caused by a collision and not for the criminal act of leaving the scene, the order is a condition of probation and jurisdiction may not extend beyond the termination of probation. Reversed.
Court: California Courts Of Appeal, Judge: Simons, Filed On: April 25, 2024, Case #: A167703, Categories: Restitution, Vehicle, jurisdiction
J. Pulliam denies a franchisee’s motion to dismiss after he and his company were sued by a franchisor in a contract dispute. While that franchisee argues that this court lacks jurisdiction, he is “closely related to the dispute” and therefore “bound by the forum selection clause contained within the Franchise Agreement,” which specifies that either the Western District of Texas or Travis County state court will be the forum for any contract disputes.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: April 25, 2024, Case #: 5:23cv1531, NOS: Other Contract - Contract, Categories: jurisdiction, Venue, Contract