Jurisdiction

News & Analysis as of

IL Supreme Court Avoids Ruling on Constitutionality of Hospital Exemption

The Illinois Supreme Court has issued an opinion in Carle Foundation v. Cunningham Township, the case involving the constitutionality of the statute granting hospitals a special property tax exemption. In remanding this case...more

Supreme Court of Canada to address jurisdiction issues in online defamation case - Leave granted in Goldhar v. Haaretz.com

On March 9, 2017, the Supreme Court of Canada (SCC) granted leave in Goldhar v. Haaretz.com1. This case is important because the SCC will address three key issues relating to the assumption of jurisdiction by Canadian courts,...more

Endless jurisdiction: Application of PIPEDA and court orders outside of Canada

Federal Court ruling in A.T. v. Globe24h.com1 raises issues concerning the reach of Canadian courts’ jurisdiction. Overview - In A.T. v. Globe24h.com, the Federal Court of Canada (the Court) held that the Personal...more

Asymmetric jurisdiction clauses protected by Brussels Recast anti-torpedo rules

In a helpful decision for financial institutions, the High Court has held in Commerzbank Aktiengesellschaft v Liquimar Tankers Management Inc [2017] EWHC 161 (Comm) that an asymmetric (or ‘hybrid’) jurisdiction clause is...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 15, Issue 1

In 2011, the Leahy-Smith America Invents Act (“AIA”) established new post-issuance procedures for challenging the validity of a granted patent before the Patent Trials and Appeal Board (“PTAB” or “Board”). Inter partes...more

Commercial Court confirms that asymmetric jurisdiction clauses may be exclusive for the purposes of EU law

Asymmetric jurisdiction clauses - also known as one-sided or 'for the benefit' clauses - are common in international financial services agreements, but their validity under EU law has been questioned in recent years by the...more

Ohio State and Federal Courts Find No Standing to Assert Technical Violations of the FCRA’s Background Check Disclosure...

Ohio courts have recently weighed in on a hotly litigated issue related to procurement of background checks on current or prospective employees: do employees have standing to sue employers where the employer fails to provide...more

Narrowing Jurisdiction in Covered Business Method Proceedings

In 1998, the United States Court of Appeals for the Federal Circuit decided State Street Bank & Trust Co. v. Signature Financial Group, Inc., which upheld the patentability of business methods in the United States. Since...more

Timing is Everything – GAO Refuses to Apply Jurisdiction Retroactively

As we previously reported here and here, between October 1 and December 14, 2016, the Government Accountability Office (GAO) lacked jurisdiction to hear most civilian agency task order protests (its jurisdiction over protest...more

State Court Lacks Jurisdiction Over Legal Malpractice Claim That Required Court To Resolve Federal Issues Relating To Scope,...

Solar Dynamics, Inc. v. Buchanan Ingersoll & Rooney, P.C., 2017 WL 519314 (Fla. 2017) - Brief Summary - A Florida appellate court held that the trial court lacked jurisdiction over a legal malpractice action that...more

FTC Hosts FinTech Forum on Artificial Intelligence and Blockchain Technologies, Part II

As previously reported, on Thursday, March 9th, the Federal Trade Commission (FTC) hosted a forum on the consumer implications of recent developments in artificial intelligence (AI) and blockchain technologies. This is the...more

Sharply Divided Supreme Court Declines to Establish a Bright-Line Rule on Non-Lawyers Representing Corporations in Administrative...

A non-lawyer with no apparent formal connection to a corporation is the sole representative of the corporation at an administrative proceeding. When the decision comes down, it’s never properly served on the corporation. Is...more

The Eleventh Circuit Holds CAFA’s Local Controversy Provision Does Not Preclude The Exercise Of Federal Question Jurisdiction

Takeaway: The Class Action Fairness Act (“CAFA”) was enacted to broaden federal diversity jurisdiction over class actions. While CAFA’s local controversy provision requires district courts to “decline to exercise [diversity]...more

6th Circuit Rules Against Mine Safety and Health Administration’s (MSHA) Attempt To Extend Jurisdiction Beyond The Mine Site

A key federal appeals court decision has rejected MSHA’s argument that the Mine Act gave it authority to take enforcement against a manufacturing plant making and repairing mine equipment, saying that instead the shop falls...more

Case Dismissed! Do Not Pass Go, Do Not Collect Your $1 Million

Following dismissal of a bankruptcy case, what is the bankruptcy court’s authority to enforce an award for attorneys’ fees? While you might think that the bankruptcy court retains authority to enforce its own orders, a recent...more

February 2017 Protest Roundup

In February 2017, the Government Accountability Office (GAO) publicly released notable decisions addressing (1) the effect of the temporary lapse in GAO’s civilian task order jurisdiction; (2) discussions, clarifications, and...more

Brussels Regulatory Brief: March

On 8 February 2017, the Commission announced it had imposed fines totaling almost EUR 68 million on three companies for participating in a cartel to fix purchase prices of scrap lead-acid automotive batteries. The cartel...more

Agreeing how to disagree: Brexit, future EU-UK agreements and the need for an umpire

What good is a cricket game without an umpire? While both teams might be applying the same rules, situations often crop up in which a definitive interpretation must be given, and the rules of the game enforced. The same...more

A Heartfelt Class Action

Few class actions tug at the heart, but Blevins v. Aksut does. Elizabeth Blevins and 180 others brought a class action in Alabama state court against Seydi V. Aksut, M.D., alleging that “after an examination, Doctor...more

Kentucky Federal Court Orders Further Briefing On Whether The Federal Arbitration Act Or Kentucky Law Applies In Dispute Involving...

The background of this case is as follows. State Insurance Commissioner Brian Maynard, acting as liquidator of the failed Kentucky Health Cooperative (“KYHC”), filed suit in Kentucky state court against CGI Technologies and...more

Indictments Spotlight Broad Extraterritorial Reach of U.S. Money Laundering Statutes

The U.S. money laundering statutes have a broad global reach and may be used to prosecute cases involving alleged schemes perpetrated almost entirely outside of the United States. These types of allegations seem to be an...more

US Fifth Circuit Affirms Dismissal of Levee Board’s Lawsuit Against 97 Oil and Gas Companies

On March 3, 2017, the United States Court of Appeals for the Fifth Circuit affirmed the Eastern District’s exercise of jurisdiction and dismissal on the merits of a headline-grabbing environmental law tort suit against 97 oil...more

To Go Boldly Beyond the Arbitration Agreement

The English Commercial Court (the Court) has ruled that it does not have the power to make an order for preservation and disclosure of evidence against a non-party to an arbitration agreement. Accordingly, it cannot grant...more

An Intelligent Treatment of “Mass Actions” in Pennsylvania

It is has been a rough few weeks for forum-shopping litigation tourists. We wrote the other day on the Missouri Supreme Court’s landmark opinion in State ex rel. Norfolk Southern Railway Co. v. Dolan, which held that...more

Looking Forward: Canadian Class Actions in 2017

As we start 2017, uncertainty abounds. Donald J. Trump’s ascension to the Presidency and populist movements in Europe and Britain are set to upend global norms and challenge the status quo. Serious questions are being raised...more

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