Federal Jurisdiction

News & Analysis as of

EPA, Army Corps Propose New Rule to Govern Federal Clean Water Act Jurisdiction

Intended to clarify confusion from prior US Supreme Court decisions, the rules could have far-reaching implications for many stakeholders. The US Environmental Protection Agency (EPA) and the US Army Corps of...more

Supreme Court To Decide CAFA Pleading Standard

On April 7th, the Supreme Court granted certiorari in Dart Cherokee Basin Operating Company, LLC v. Owens, a case originating from the Tenth Circuit. In that case, the Court will resolve a circuit split over the pleading...more

The $75,000 question…when does a federal court have diversity jurisdiction?

In negligence and punitive damages lawsuits filed in North Carolina’s state courts ”the pleadings shall not state the demand for monetary relief, but shall state that the relief demanded is for damages to be incurred in...more

Federal Circuit Reverses District Court on Claim Construction in Patent Suit Involving Google's Street View

On March 14, 2014, the U.S. Court of Appeals for the Federal Circuit ruled in a patent appeal case involving Google's Street View technology on a topic in patent law that has received considerable attention recently—claim...more

Service Of Suit Endorsement Deemed To Waive Insurer’s Right To Remove Action To Federal Court

A Missouri federal district court remanded a coverage action brought against Illinois Union Insurance Company (“Illinois Union”) by its insured, holding that the Policy’s Service of Suit Endorsement (“Endorsement”) waived...more

Does “Tolled” Mean “Suspended” Or “Extended” In §1367(D)?

Every day, complaints are filed in federal court with claims brought under both federal and state law. If the federal court dismisses or grants judgment on those claims that provide a basis for federal jurisdiction, it has...more

Ninth Circuit “Chases” Away Another Option for Removing PAGA Actions to Federal Court

In yet another setback for employers seeking to remove California wage and hour cases to federal court, the Ninth Circuit held that the federal Class Action Fairness Act (“CAFA”) provides federal courts with no basis to...more

Office of the Solicitor Issues Carcieri “Fix” Opinion

In response to the United States Supreme Court’s ruling in Carcieri v. Salazar, 555 U.S. 379 (2009), the Office of the Solicitor for the United States Department of the Interior issued a memorandum opinion on March 12, 2014,...more

Supreme Court Holds That CAFA Doesn’t Let Defendants Remove State AG Actions To Federal Court

When state attorneys general file suits to seek monetary recoveries based on claimed injuries to private citizens, those lawsuits look like, walk like, and quack like class actions. In fact, in most of these so-called “parens...more

FERC Issues Order Asserting Jurisdiction over Ethane Pipelines Under the Interstate Commerce Act

On December 31, 2013, the Federal Energy Regulatory Commission (“FERC”), in a case of first impression, confirmed its jurisdiction over and its intention to regulate the economic and operational aspects of the interstate...more

Fifth Circuit Holds State AG Credit Card Add-On Suit Not Subject To Federal Jurisdiction

On December 2, the U.S. Court of Appeals for the Fifth Circuit held that a set of parens patriae suits filed by the Mississippi Attorney General (AG) against credit card issuers is not subject to federal jurisdiction under...more

Third Circuit Clarifies Federal Court Jurisdiction Surrounding Remand to State Court - Agostini v. Piper Aircraft Corp., No....

The Third Circuit recently clarified the limits of its own jurisdiction, and that of the district court, in connection with orders remanding cases to state court. The court held a firm line on the reviewability of such...more

The Illusion of Federal Jurisdiction in Tribal Contracts

Contracts with Indian tribes should specify a venue for disputes arising from those agreements. A common mistake for attorneys drafting agreements involving tribes is to assume that federal courts automatically have subject...more

U.S. Supreme Court May Strongly Enforce Forum Selection Clauses: Many Businesses Will Breathe a Sigh of Relief, While Smaller...

The U.S. Supreme Court appears poised — for the first time in 25 years — to uphold the enforceability of forum selection clauses, which permit contracting parties to prospectively determine the location/court where a lawsuit...more

Must Suits/Actions To Enforce Section 25401 Be Brought In The Federal Courts?

Suppose Congress enacts a statute providing that the federal courts will have exclusive jurisdiction of all lawsuits brought to enforce any liability or duty under a federal act or the rules adopted under that act. If a...more

Class Action Fairness Act (CAFA) is Challenged Before the U.S. Supreme Court

A significant protection afforded by the 2005 Class Action Fairness Act (CAFA) is being challenged before the U.S. Supreme Court in State of Mississippi ex rel Jim Hood, Attorney General v. AU Optronics Corp, et al., No....more

Federal Circuit Determines It Does Not Have Jurisdiction to Address Dispute With Heinz

Under the America Invents Act (“AIA”), the Federal Circuit has jurisdiction over appeals based on a civil action “in which a party has asserted a compulsory counterclaim arising under any Act of Congress relating to patents.”...more

California Court Of Appeal Affirms Dismissal Of Say-On-Pay Suit

Yesterday, a panel of the California Court of Appeal added to the growing list of opinions rejecting suits triggered by failed say-on-pay votes. Some may be surprised that this case, which involves a Delaware corporation,...more

Make a Federal Case Out of It!

The Ninth Circuit Eases the way into Federal Court for Class Action Defendants - On August 27, 2013, the Ninth Circuit lowered the burden of proof for class action defendants to remove their cases to federal court....more

Ninth Circuit Invalidates Attempt To Plead Around CAFA’s Jurisdictional Amount In Controversy

In 2005, Congress passed the Class Action Fairness Act (CAFA), which creates federal jurisdiction over class actions involving more than 100 class members and $5 million in controversy....more

Third Circuit Rules on Requirements of 'Home State' and 'Local Controversy' Exceptions to Federal Jurisdiction under the Class...

In a precedential opinion, the Court of Appeals for the Third Circuit last Friday made significant rulings on the "home state" and "local controversy" exceptions to federal subject matter jurisdiction under the Class Action...more

Mere Reference To Potential Federal Claim In Exhibit to Complaint Insufficient To Create Federal Question Jurisdiction

In Reneaud v. City of Traverse City, the court addressed whether the plaintiffs' Complaint was properly removed from Grand Traverse County Circuit Court to the Western District of Michigan based on federal subject matter...more

MDL Panel Weighs In On CAFA’s “Mass Action” Provision

In re : Darvocet, Darvon and Propoxyphere Prods. Liab. Litig., MDL No. 2226, 2013 WL 1635469 (April 17, 2013), the U.S. Judicial Panel on Multidistrict Litigation considered a motion to transfer three action. ...more

Decisions Highlight Split In Application Of Computer Fraud And Abuse Act

Trade secret claims have historically derived from state common law causes of action and, subsequently, most states’ adoption of the Uniform Trade Secrets Act, which codifies that common law and generally proscribes the...more

Supreme Court Rules That Policyholder Cannot Evade Federal Jurisdiction Under Class Action Fairness Act by Stipulating to Damages...

What you need to know: The Supreme Court ruled that plaintiffs cannot evade federal court jurisdiction by stipulating that class-wide damages are less than the Class Action Fairness Act’s $5 million jurisdictional...more

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