Jurisdiction

News & Analysis as of

Louisiana Appellate Court Unanimously Dismisses Cross-Appeals in Legacy Case

Louisiana appellate court unanimously dismisses cross-appeals in legacy case, finding that the trial court improperly designated partial summary judgment rulings as final under Article 1915 of the Louisiana Code of Civil...more

Plaintiffs Find California Courts Congenial To Section 11 Actions

Muttering About Mottoes - The official motto of the State of California is “Eureka”. Cal. Gov’t Code § 420.5. The word is a transliteration of the Greek word e????a which is first person, singular, indicative active...more

The Class Action Chronicle - Spring 2016

This is the 11th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

COA Confirms That Any Appeals in Suits Designated Complex Business Cases After October 1, 2014 Must Go to the NC Supreme Court, or...

Today the Court of Appeals issued a decision addressing Session Law 2014-102, the 2014 Business Court Modernization Act, which requires that appeals in matters that are designated as mandatory complex business cases go...more

CFPB Cannot Force For-Profit College Group to Comply With Investigative Demand

On April 21, the United States District Court for the District of Columbia ruled that due to a lack of authority under existing consumer protection laws, the Consumer Financial Protection Bureau (“CFPB”) cannot require a...more

Enforcement in the UAE and Wider Middle East - The DIFC Court's Role as a Conduit Jurisdiction Explained

It is now critically important for in-house counsel, and all companies operating in the united Arab emirates, to take note of a newly-con rmed route for the enforcement of foreign court judgments and arbitral awards – as it...more

Second Circuit To Determine Whether Artful Pleading Can Extend FCPA Jurisdiction

Prosecutors in the District of Connecticut have appealed a district court’s ruling that conspiracy and aiding and abetting charges cannot be used to extend the FCPA’s jurisdictional reach. The FCPA has three...more

CFPB lacked authority to issue CID issued to college accrediting organization, D.C. federal district court rules

The D.C. federal district court has ruled that the CFPB exceeded its statutory authority when it issued a CID to the Accrediting Council for Independent Colleges and Schools (ACICS) in August 2015....more

Sixth Circuit Will Not Rehear Venue Question in Clean Water Act Rule Dispute

On April 21, 2016 the United States Court of Appeals for the Sixth Circuit denied several petitions for rehearing en banc a Sixth Circuit panel decision that looked at which courts (federal district court or federal courts of...more

Supreme Court Rejects Maryland Power Plant Subsidies, But Signals Permissible Ways for States to Incentivize New Plants

In recent years, Maryland attempted to subsidize new power plants by guaranteeing prices for generating capacity at wholesale auctions administered by PJM Interconnection L.L.C. (PJM). Tuesday, the Supreme Court unanimously...more

Key Employment Issues Affecting Tribal Entites

Overview - Sovereign immunity - - Background - 8(a) waiver - Indemnification - Labor and employment issues - Statutes of general applicability - Commercial v. governmental activity ...more

Reservations of Rights Around the World

Upon notification of a loss, and in order to avoid waiving its rights to rely on a defense to a claim for indemnity under the policy, the insurer may issue a reservation of rights. In the context of liability insurance, an...more

The Supreme Court - April 2016 #3

The Supreme Court of the United States issued decisions in two cases on April 19, 2016: Hughes v. Talen Energy Marketing, LLC, No. 14-614: Congress, though the Federal Power Act (“FPA”), 16 U.S.C. §791a et seq., vested...more

Daniels v. Canada: Métis and non-status Indians fall under Parliament's legislative authority

On April 14, 2016, the Supreme Court of Canada (SCC) rendered its decision in Daniels v. Canada (Indian Affairs and Northern Development), 2016 SCC 12. The Plaintiffs (Appellants) in the case are the Congress of...more

What Law Governs A Foreign General Partnership?

The California Uniform Partnership Act of 1994 defines a “partnership” to mean “an association of two or more persons to carry on as coowners a business for profit formed under [Cal. Corp. Code] Section 16202, predecessor...more

Court Holds That Order Allowing A Successor Trustee And Reinstating A Prior Trustee Is Appealable

In In re Tipps, an elderly woman’s son became trustee of a trust due to her incompetency, and the son and his brother went to a mediation concerning a guardianship proceeding and other issues. No. 05-14-01495-CV, 2016 Tex....more

Update on Kenya and Somalia’s Maritime Dispute: Implications for Energy Companies

Somalia has brought its long-simmering maritime dispute with Kenya to the International Court of Justice (the “ICJ”). The ICJ’s treatment of the case will have important repercussions not only for Somalia and Kenya (and...more

Ninth Circuit Dismisses Interlocutory Appeal Of Order Denying Motion To Stay Under Federal Arbitration Act For Lack Of...

Western Security Bank brought an action in the United States District Court for the District of Montana against certain doctors seeking to enforce commercial loan guaranties. The doctors asserted that a non-party, Meridian...more

Top 4 Changes Proposed by the GAO to its Government Contracts Bid Protest Regulations (includes a new filing fee)

The Government Accountability Office (GAO) has concurrent jurisdiction with the Court of Federal Claims to hear bid protests from government contractors seeking review of a federal agency’s procurement solicitations and...more

Tokyo Dispute Resolution and Crisis Management Newsletter - April 2016

Energy Charter Treaty Arbitration - Claims Against Spain and Italy as a Result of Alterations to their Renewable Energy Legislation - In recent years, there have been a raft of Energy Charter Treaty (“ECT”)...more

Potential Commercial Litigation Consequences of 'Brexit'

With the referendum for Britain potentially leaving the European Union (“Brexit”) fast approaching on 23 June 2016, a “leave” vote could have far-reaching consequences for commercial litigation in the courts of England and...more

Childhood Sexual Abuse – Delayed Accrual of Plaintiff’s Claims Against a Public Entity

Latrice Rubenstein v. Doe No. 1, et al. - Court of Appeal, Fourth Appellate District (March 22, 2016) - Generally, a civil cause of action for child molestation accrues at the time of the molestation, but delayed...more

Timing Is Everything – Meeting the One-Year Filing Deadline for IPR - Lannett Holdings Inc. v. AstraZeneca AB

Addressing the one-year time bar for filing an inter partes review (IPR) petition, the Patent Trial and Appeal Board (PTAB or Board) found petitioner’s arguments regarding proper service and jurisdiction unpersuasive and...more

Sixth Circuit Adopts Bright Line Test for CAFA Removals

Eyeglass case provides focus for employment class action removals - Congress enacted the Class Action Fairness Act, better known as “CAFA,” to address some of the well-documented abuses of class action litigation. Among...more

Rehearing Denial Leaves ITC’s Jurisdiction Tethered to the Material World

Last week, the en banc Federal Circuit declined to rehear its November 10, 2015, decision in ClearCorrect v. ITC, 2014-1527, leaving the U.S. International Trade Commission’s (ITC) Section 337 jurisdiction to “material...more

1,154 Results
|
View per page
Page: of 47
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×