1,800 results for 'cat:"Jurisdiction"'.
J. Miskel finds that the lower court properly rendered a default judgment in favor of the realty company in this forcible detainer action. Contrary to the holdover tenant's arguments, the lower court had subject matter jurisdiction, and the evidence sufficiently supports the ruling. The tenant failed to plead "any dispute involving title to real property." Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: June 7, 2023, Case #: 05-21-00860-CV, Categories: Civil Procedure, Real Estate, 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
J. Seeger finds that the U.S. District Court of Northern Illinois has diversity jurisdiction over this product liability class action filed against a cold and flu medicine manufacturer. The class claims that the manufacturer’s “non-drowsy” cold medicine actually did make them drowsy. The lead plaintiff in the class is a New York citizen, the manufacturer is registered in Delaware but does business mainly in Illinois, and the contested damages exceed $5 million. The court finds these facts together are sufficient to justify diversity jurisdiction.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: June 7, 2023, Case #: 1:22cv747, NOS: Contract Product Liability - Contract, Categories: Product Liability, jurisdiction, Class Action
J. Bishop finds the district court, in this paternity suit, properly established the paternity of the child, awarding sole custody to the mother and ordering the father to pay support and fees. The father challenges Nebraska’s jurisdiction; and though Iowa is the child’s home state, the mother had moved to Nebraska in order to escape the abusive relationship with the father. Iowa has also declined jurisdiction, all supporting Nebraska’s jurisdiction. There is no abuse of discretion in the court’s orders for support and fees. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: June 6, 2023, Case #: A-22-317, Categories: Family Law, jurisdiction, Guardianship
J. Welch finds the district court properly denied defendant’s request to transfer his case for auto theft, fleeing and firearm possession to the juvenile court. Officers apprehended defendant after a chase when responding to gunshots heard while on another call. The investigation yielded casings and information that a home had been struck by gunfire, a shot just missing a man sitting on his couch. The casings were confirmed to have been fired from the rifle recovered from defendant. Defendant was 17 at the time of the offense and the court properly concluded that the juvenile court’s jurisdiction would not be sufficient due to the violent nature of the offenses, the concern for public safety, and the fact that it would automatically lose jurisdiction when defendant turned 19 regardless of any benefit from juvenile services. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: June 6, 2023, Case #: A-23-118, Categories: Firearms, Juvenile Law, jurisdiction
J. Pedersen finds that the lower court improperly denied the Texas Department of Transportation's plea to the jurisdiction as to the claim for property damage, stemming from an alleged car accident in a construction zone. Under the Texas Tort Claims Act, the department's immunity was not waived for the car owner's personal property claim. Accordingly, that claim should be dismissed due to a lack of jurisdiction. Reversed in part.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: June 5, 2023, Case #: 05-22-00498-CV, Categories: Tort, Vehicle, jurisdiction
J. Watson dismisses a former employee of a seafood company’s claims of unpaid wages and injuries sustained on the company’s boat, finding the employee’s contract explicitly states that any lawsuit regarding employment must be be brought in Washington state, regardless of where the employee is hired from. Any possible prejudice against the employee based on delayed payment or out of state travel is made irrelevant by his agreement and subsequent violation of the forum clause of the employment contract.
Court: USDC Hawaii, Judge: Watson, Filed On: June 5, 2023, Case #: 1:23cv4, NOS: Marine - Torts - Personal Injury, Categories: Employment, Maritime, jurisdiction
J. Brennan grants the motion for summary judgment filed by a co-founder of the health care facilities, ruling the documents taken by the co-founder shortly before he transferred his ownership interest and left the business do not qualify as trade secrets because they had no independent economic value. Therefore, the trade secrets claim fails as a matter of law, while the remaining state law claims must be dismissed for lack of jurisdiction.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: June 5, 2023, Case #: 5:21cv1070, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Health Care, Trade Secrets, jurisdiction
J. Gonzales mostly declines to dismiss for failure to state a claim a convoluted lawsuit centered around credit default swap auctions, a type of financial agreement in which the seller agrees to pay the buyer in the event of a corporate or municipal default on bonds. A group of “quasi-state funds” sued several parties involved in these arrangements, arguing they had “conspired to manipulate” these auctions “in an anticompetitive manner,” whereas those parties argued the case should be dismissed for a variety of reasons, including a lack of standing and the statute of limitations. While some of those parties can be dismissed from this case because they’ve shown that this court lacks jurisdiction over them, the case overall can proceed.
Court: USDC New Mexico, Judge: Gonzales, Filed On: June 5, 2023, Case #: 1:21cv606, NOS: Antitrust - Other Suits, Categories: Antitrust, jurisdiction, Banking / Lending
J. Miller-Lerman finds the district court improperly dismissed the ex-wife’s motion to modify alimony. The ex-husband had accepted a veteran’s disability pension which allowed the wife to modify alimony because his acceptance reduced his benefits, and therefore the value of her share. The district court, thinking it was being asked to divide the benefits, concluded that it lacked subject matter jurisdiction as preempted by federal law. The motion sought merely to modify alimony based on a reduction in the pension, and the court had jurisdiction to do this. Reversed and remanded.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: June 2, 2023, Case #: S-22-066, Categories: Family Law, jurisdiction, Contract
J. Clifton finds that the district court properly dismissed a software company's claim of tortious interference with contractual relations in a matter in which a computer antivirus company's software designated the software company's products as “malicious,” “threats,” and “potentially unwanted programs.” However, lower court incorrectly found that the antivirus company was not properly subject to personal jurisdiction in New York. Affirmed in part.
Court: 9th Circuit, Judge: Clifton, Filed On: June 2, 2023, Case #: 21-16466, Categories: Tort, jurisdiction, Contract
J. Corker grants the Arizona companies' motion to dismiss this trademark infringement lawsuit brought by a Tennessee company that digitizes physical media for consumers and markets its service with the trademark "Legacybox." The Arizona companies do not have "systematic" contacts with the state, and the allegations do not show that they "purposefully availed themselves of the privilege of acting in Tennessee." Accordingly, they are not subject to jurisdiction.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: June 1, 2023, Case #: 1:22cv210, NOS: Trademark - Property Rights, Categories: Trademark, jurisdiction
J. Fisher finds that the lower court properly dismissed an inmate's claim seeking damages for retaliatory and discriminatory removal from a prison work assignment for lack of subject matter jurisdiction, as the complaint should have been filed as a special civil proceeding against a government action, not as a money claim. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: June 1, 2023, Case #: 534835, Categories: Damages, jurisdiction, Prisoners' Rights
J. Boyle finds the court of appeals lacks jurisdiction over the employer's appeal regarding the trial court's denial of its motion to dismiss a wrongful termination case because that decision was not a final, appealable order. However, the trial court improperly denied the employer's motion to seal the complaint, as the employee's status as the employer's general counsel rendered the allegations in her complaint subject to attorney-client privilege. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: June 1, 2023, Case #: 2023-Ohio-1813, Categories: Employment, jurisdiction, Privilege
J. Johnson finds the county court properly terminated the mother’s parental rights to her three minor children. The department of protective services received a report of neglectful supervision and meth manufacturing in the home, and the trial court found by clear and convincing evidence that statutory grounds existed for termination. The mother was not originally present at bench trial due to her involvement in court-ordered treatment. Recess was called and the trial resumed at a later date when the mother could be present. The trial commenced before the statutory automatic dismissal date, leaving the court with jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: June 1, 2023, Case #: 09-23-00021-CV, Categories: Family Law, jurisdiction, Guardianship
J. Lange denies Brown County, South Dakota's motion to dismiss a matter in which an energy company sought relief against the enforcement of the County's temporary moratorium on pipeline permitting and construction. The county sought dismissal claiming a lack of subject matter jurisdiction, however the energy company has alleged a concrete injury in fact caused by the moratorium.
Court: USDC South Dakota, Judge: Lange, Filed On: June 1, 2023, Case #: 3:22cv3018, NOS: Other Statutory Actions - Other Suits, Categories: Energy, jurisdiction
J. Griggsby grants one in a group of pharmaceutical firms its motion to dismiss allegations of RICO violations brought by a class of probiotic medical buyers. The class argues that the firm, along with others party to this suit, removed an ingredient from a new version of their product but failed to update the label, thus engaging in false advertising. However, as this particular firm only manufactures, advertises and sells the product in Italy, the claims against it cannot stand.
Court: USDC Maryland, Judge: Griggsby, Filed On: June 1, 2023, Case #: 8:19cv2173, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: jurisdiction, False Advertising, Racketeering