186 results for 'cat:"Civil Procedure" AND cat:"Jurisdiction"'.
J. Kennedy finds that although Ohio law establishes a five-year time limit on the continuing jurisdiction of the Industrial Commission over a workers' compensation claim, that limit does not extend past administrative proceedings to trial or appeals courts involved in an employee's claim; therefore, the common pleas court erroneously dismissed the worker's claim as expired. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: May 1, 2024, Case #: 2024-Ohio-1625, Categories: civil Procedure, jurisdiction, Workers' Compensation
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
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J. Boardman denies the Trustee of the bankruptcy estate’s motion to dismiss this bankruptcy appeal. The court dismisses a compensation order for lack of jurisdiction, vacates the bankruptcy court’s denial of motion to dismiss, and remands the case back to the bankruptcy court for further proceedings. The bankruptcy court abused its discretion in denying the consumer’s motion to dismiss.
Court: USDC Maryland, Judge: Boardman, Filed On: April 15, 2024, Case #: 8:23cv3135, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, civil Procedure, jurisdiction
J. Joseph denies a request by the distributor of a digital test gauge to dismiss as time-barred a product liability claim by the widow of an offshore oilfield worker. She alleges the poor design and inadequate warnings about the use of the pressure-gauge resulted in the deadly explosion at an offshore well that claimed her husband and the father of their two young children. The decedent’s employer, as the owner of the offshore platform, and the distributor of the pressure gauge are both liable even when no act on the employer’s part may have caused the accident. Prescription was interrupted by the survivors' earlier wrongful death suit against the employer in Texas.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: April 12, 2024, Case #: 6:23cv415, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: civil Procedure, Product Liability, jurisdiction
J. Yarbrough finds that the lower court properly dismissed this negligence lawsuit brought by an individual who is committed in the Texas Civil Commitment Center based on a lack of jurisdiction. Though a plaintiff generally has a right to amend in order to "cure a jurisdictional defect," in this case amending the pleadings would not cure the defect. The court finds that he did not file suit in the committing court. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: April 4, 2024, Case #: 07-23-00263-CV, Categories: civil Procedure, Commitment, jurisdiction
J. Soto denies a writ of mandamus to several Mexican companies because they failed to show that a El Paso County judge abused his discretion. Those companies argued that the lower court wrongly denied their motion to dismiss for lack of subject matter jurisdiction because “the courts of Mexico have exclusive jurisdiction,” but it is too early in this dispute to completely rule out U.S. jurisdiction.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: April 4, 2024, Case #: 08-23-00246-CV, Categories: civil Procedure, jurisdiction
J. Anderson affirms the court of appeals' reversal of the district court's denial of the landlord's parent company's other subsidiaries' motion to dismiss the tenant's claims against them. The tenant forfeited her opportunity to argue that the subsidiaries were sufficiently linked to the landlord to give her standing to bring claims against them. Affirmed.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: April 3, 2024, Case #: A22-0928, Categories: civil Procedure, jurisdiction
[Consolidated.] Per curiam, the court of civil appeals dismisses these consolidated appeals stemming from the denial of appellant's request for declaratory and injunctive relief in its action against the Alabama Medical Cannabis Commission. The dispute involves the appellant's "failure to file a timely application for a medical-cannabis dispensary license" and the commission's refusal to allow a late application. The lower court lacked subject matter jurisdiction, however, because the complaint was filed "solely against the AMCC." Accordingly, the subsequent proceedings were void, and the appeals are due to be dismissed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: March 29, 2024, Case #: CL-2023-0352, Categories: civil Procedure, jurisdiction
J. Meyer remands a case in which a resident filed a claim in state court against a railroad for blocking automobile traffic for excessive periods of time. The railroad removed the case to federal court based on diversity jurisdiction. The claim does not meet the $75,000 requirement for federal diversity jurisdiction, so the judge returns this case to state court.
Court: USDC Connecticut, Judge: Meyer, Filed On: March 28, 2024, Case #: 3:23cv990, NOS: Motor Vehicle - Torts - Personal Injury, Categories: civil Procedure, Transportation, jurisdiction
J. Colins finds that the lower court properly dismissed Richmond Waterfront Industrial Park’s quiet title action for lack of subject matter jurisdiction. The federal Interstate Commerce Commission Termination Act gave the federal Surface Transportation Board with exclusive jurisdiction to decide issues involving the abandonment of railroad tracks on its property. Affirmed.
Court: Pennsylvania Superior Court, Judge: Colins, Filed On: March 25, 2024, Case #: J-A04035-24, Categories: civil Procedure, Property, jurisdiction
J. Bender finds that the lower court improperly granted an emergency petition to compel a trustee to make distributions to the sole current beneficiary of the Trust of John S. Middleton, the managing partner and principal owner of the Philadelphia Phillies. An evidentiary hearing is needed to determine if the court has jurisdiction over this matter. Vacated.
Court: Pennsylvania Superior Court, Judge: Bender, Filed On: March 25, 2024, Case #: J-A21034-23, Categories: civil Procedure, Trusts, jurisdiction
J. Molberg denies the school district's motion for rehearing, but withdraws the court's prior memorandum opinion and substitutes the current memorandum opinion, holding that the lower court properly denied the school district's plea to the jurisdiction. The contractor sufficiently demonstrated the lower court's jurisdiction in this breach of contract action. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: March 21, 2024, Case #: 05-22-00855-CV, Categories: civil Procedure, jurisdiction, Contract
Per curiam, the circuit finds that a decision must be reserved and a question certified to New York's high court on whether a six-month waiting period established at the start of the state's Child Victims Act, which opened a two-year window to claims of childhood sexual abuse, created a statute of limitations defense. A claim filed by a former student who alleges abuse by a teacher in high school occurred ahead of the waiting period set for the legislation's start date, and was eventually dismissed as untimely. That holding did not come, however, until after the filing window closed, leaving plaintiff unable to refile under the Act.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 20, 2024, Case #: 22-1442, Categories: civil Procedure, jurisdiction
[Consolidated.] J. Jacobs finds that the district court properly held that dismissal of federal class investment fraud claims did not require exercising supplemental jurisdiction over analogous state class claims, as the existence of subject-matter jurisdiction did not require invoking such, especially when the request was time-barred. Affirmed.
Court: 2nd Circuit, Judge: Jacobs, Filed On: March 13, 2024, Case #: 21-2603-cv (L), Categories: civil Procedure, Fraud, jurisdiction