1,781 results for 'cat:"Jurisdiction"'.
J. Walker finds that the lower court properly found the pension fund correctly terminated the firefighter's pension benefits following his guilty plea to various federal crimes. The law permits the fund to file a new action, as it did here, to divest a member of his pension benefit award upon a conviction for a service-related felony without the need to retain jurisdiction upon the granting of the initial award. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: May 8, 2024, Case #: 231311, Categories: Administrative Law, Pensions, jurisdiction
J. Wood finds that the trial court improperly adjudicated defendant delinquent and entered a disposition order related to his alleged crime of injury to personal property because the juvenile court counselor did not approve or sign the juvenile petition, divesting this court of jurisdiction. Reversed.
Court: North Carolina Court of Appeals, Judge: Wood, Filed On: May 7, 2024, Case #: COA23-1079, Categories: jurisdiction, Juvenile Law
Per curiam, the circuit finds the district court improperly dismissed the insurer's petition to appoint an umpire for lack of subject matter jurisdiction. The company refused to pay an additional $349,000 after paying the hail-damaged property owner $61,000 after deductions. The court erroneously concluded the petition did not meet the amount-in-controversy requirement for diversity jurisdiction. The company's petition establishes an amount in controversy of more than $75,000, meeting requirements for diversity jurisdiction. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 7, 2024, Case #: 23-10888, Categories: Insurance, Property, jurisdiction
J. Ho dismisses the strip club's appeal for lack of jurisdiction. District courts have upheld the state bill raising the minimum age of employment at sexually oriented businesses from 18 to 21 years old against constitutional attack in multiple cases. The club does not argue the law burdens the constitutional rights of the business. It does not allege the age of the dancers plays a role in any message that it intends to convey, that it possesses a constitutional right to hire certain employees or that the law deprives it of equal protection. The club has not alleged an injury in fact.
Court: 5th Circuit, Judge: Ho , Filed On: May 7, 2024, Case #: 22-50612, Categories: Constitution, jurisdiction
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J. Boatright finds the lower court erroneously determined it held jurisdiction over the couple's divorce case. Although the husband owns several pieces of real estate in Colorado, he lives in Nebraska and has never moved to this state; therefore, he is "domiciled" in Nebraska under Colorado law and the lower court should have granted his motion to dismiss. Reversed.
Court: Colorado Supreme Court, Judge: Boatright, Filed On: May 6, 2024, Case #: 2024CO24, Categories: Family Law, jurisdiction
J. Ellison finds that an employee and stockholder who seeks recission of an inapplicable joinder agreement he mistakenly signed as part of a packet of documents for a required sale of his stock due to a merger shall honor portions of the merger agreement calling for disputes to be governed by the Delaware Court of Chancery or the United States District Court of Delaware. The employer’s motion to dismiss is granted.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: May 3, 2024, Case #: 4:23cv4290, NOS: Other Contract - Contract, Categories: jurisdiction, Contract
J. Peterson declines to dismiss the former employee's complaint alleging that the healthcare company eliminated her position and knowingly fired her for using the grievance procedures of her union's collective bargaining agreement with the healthcare company. The healthcare company argues that dismissal is appropriate because a federal court must interpret the CBA, but the CBA is based on state law and thus does not require interpretation in this court. This action is remanded to the Clark County District Court.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: May 3, 2024, Case #: 3:24cv5138, NOS: Other Labor Litigation - Labor, Categories: jurisdiction, Labor / Unions
Per curiam, the court of appeals dismisses a veteran's pro se petition seeking an order requiring the VA to show cause as to why its precluding self-represented claimants from remote access to the benefits management system is not invalid. Though accessing the system in person or through a CD mailed to him is difficult and time-consuming, the court does not have jurisdiction to issue such an order.
Court: Court Of Appeals For Veterans Claims, Judge: Per curiam, Filed On: May 3, 2024, Case #: 23-2587, Categories: Government, Veterans, jurisdiction
J. Sellers finds the lower court properly granted an assistant district attorney's motion to dismiss claims of prosecutorial misconduct by an inmate who received a mistrial on a conviction of sexually assaulting a child but was convicted after a retrial. The relevant statute does not allow a prisoner to "use a rule of civil procedure to collaterally attack a criminal judgment." Affirmed.
Court: Alabama Supreme Court, Judge: Sellers, Filed On: May 3, 2024, Case #: SC-2023-0945, Categories: Negligence, Due Process, jurisdiction
J. Mayle grants the common pleas court judge's motion for summary judgment, ruling that although there is a question of fact regarding the child's home state, the judge does not patently lack jurisdiction over the stepparent's petition for adoption, which precludes the stepparent from prevailing on her petition for a writ of prohibition.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: May 3, 2024, Case #: 2024-Ohio-1708, Categories: Family Law, Judiciary, jurisdiction
J. Bahr finds that the district court improperly granted summary judgment to a business in a matter involving a vehicle which struck a pedestrian in front of the business. The court treated the individual's request to adopt a stipulation as a type of motion which it holds no jurisdiction over. The district court misapplied the law when it treated the request as the motion in question. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: May 2, 2024, Case #: 2024ND81, Categories: Vehicle, jurisdiction
J. Gallagher finds the lower court properly denied the pizza restaurant's motion to vacate an arbitration award in favor of the Cleveland Browns. Although the restaurant couches its argument in jurisdictional terms, it is merely an attempt to raise claims about the validity of the arbitration award it failed to bring in a direct appeal. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: May 2, 2024, Case #: 2024-Ohio-1686, Categories: Arbitration, jurisdiction, Contract
J. Moore finds that the district court improperly dismissed patent infringement claims concerning electrical outlet covers for lack of jurisdiction because defendant purposely directed patent enforcement activities toward the competing manufacturer in Utah. Reversed.
Court: Federal Circuit, Judge: Moore, Filed On: May 2, 2024, Case #: 2023-1184, Categories: Patent, jurisdiction
J. Richardson finds the lower court improperly dismissed the workers’ complaint for lack of subject matter jurisdiction. A fiber plant hired a crew of industrial custodians to clean up a room that uses large ovens to convert recycled plastics into polyester fibers. When a worker swept one large batch of plastic dust, the dust brushed against the oven and immediately ignited, engulfing the oven in a fireball. Moments later, the entire room was aflame. South Carolina law provides that certain workers’ compensation disputes are within the exclusive cognizance of the state Workers’ Compensation Commission, meaning that covered employees cannot bring common-law actions, like tort claims, to state courts. However, state law cannot circumscribe federal subject matter jurisdiction. Vacated.
Court: 4th Circuit, Judge: Richardson, Filed On: May 2, 2024, Case #: 23-1163, Categories: Employment, jurisdiction, Workers' Compensation
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