News & Analysis as of

Jurisdiction Remand

A&O Shearman

Jurisdictional challenges to enjoining or staying international arbitrations in US courts

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The U.S. District Court for the District of Delawares recent decision in Landbridge Port Services (Hong Kong) Ltd. v. Notarc Port Investment LLC further deepens the split among U.S. federal courts regarding jurisdiction under...more

WilmerHale

Federal Circuit Patent Watch: Printed Matter Doctrine Applies to Communicative Content, Not All Communications

WilmerHale on

Precedential and Key Federal Circuit Opinions - 1.  IOENGINE, LLC V. VIDAL (21-1227 Lourie, Chen, Stoll) - Chen, J.  The Court reversed in part and affirmed in part the Final Written Decisions of the Patent Trial and...more

Robinson Bradshaw

Removal Under Only CAFA Can Land You Back in State Court if the Class is Not Certified

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When a class action is filed in state court, most defendants first evaluate whether the case can be removed to federal court. The Class Action Fairness Act (CAFA) offers a broader avenue to remove cases to federal court than...more

Eversheds Sutherland (US) LLP

Sixth Circuit validates challenge to PFAS class - demands greater specificity in pleading standards for causation

On November 27, a landmark PFAS decision by the Sixth Circuit effectively dismissed a statewide class action for lack of standing. This potentially sets the stage for a new era of PFAS litigation, where historically general...more

Akin Gump Strauss Hauer & Feld LLP

FERC Reups Support for LNG Export Terminals Immediately Prior to Losing Jurisdiction

On October 27, 2023, the Federal Energy Regulatory Commission (FERC or the Commission) issued orders on two liquefied natural gas (LNG) export terminal projects sponsored by Rio Grande LNG, LLC (Rio Grande) and Texas LNG...more

Patterson Belknap Webb & Tyler LLP

Fourth Circuit Holds that Mootness Does Not Bar Bankruptcy Court Jurisdiction

Federal law assigns to U.S. district courts original jurisdiction over all cases under Title 11 (the Bankruptcy Code) and all civil proceedings arising under Title 11 or arising in or relating to Title 11. See 28 U.S.C. §...more

Downey Brand LLP

Trial Court’s Jurisdiction over CEQA Case is Lost after Writ is Satisfied by Rescission of Project Approvals

Downey Brand LLP on

In McCann v. City of San Diego (2023) 94 Cal.App.5th 284 (McCann II), the Fourth District Court of Appeal held the trial court exceeded its jurisdiction by failing to discharge a writ of mandate. The writ was issued for the...more

Womble Bond Dickinson

11th Circuit Finds One Unwanted Text Message Sufficient to Allow Standing to File Suit in Drazen v. Pinto

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In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury. In 2019, Susan...more

Butler Snow LLP

Consent to Jurisdiction by Registration: What Multi-State Businesses Need to Know

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Registered to do business in one state? This alone may subject a business to suit in that state, even if the business is headquartered in and operates its principal place of business in another state, and even if the conduct...more

Perkins Coie

Denial of Affordable Housing Project Violated Both Streamlining Statute and Housing Accountability Act

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A trial court had jurisdiction to find that a denial of a permit application violated the Housing Accountability Act (HAA) on remand, even though the Court of Appeal did not expressly instruct the trial court to address the...more

Faegre Drinker Biddle & Reath LLP

Florida Court Finds One Unwanted Text Message Does Not Cause Concrete Harm, Remands FTSA Case to State Court

In Weitz v. Genting New World LLC, No. 1:22-cv-23209-BLOOM, 2023 WL 2328365, at *1 (S.D. Fla. Mar. 2, 2023), Plaintiff Brandon Weitz brought suit against Defendant Genting New World LLC on behalf of himself and a putative...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions: Atlanta Gas Light Co. v. Bennett Regulator Guards,...

Atlanta Gas petitioned for inter partes review of Bennett’s ’029 patent. The Board initially rejected Bennett’s argument that Atlanta Gas was time barred from petitioning for inter partes review under 35 U.S.C. § 315(b) and...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - January 2023 #2

Grace Instrument Industries, LLC v. Chandler Instruments Company, LLC, Appeal No. 2021-2370 (Fed. Cir. Jan. 12, 2023) - In an appeal from the U.S. District Court for the Southern District of Texas, the Federal Circuit...more

Saiber LLC

Third Circuit Clarifies Authority to Review Remand Orders

Saiber LLC on

In a recent precedential opinion authored by Circuit Judge Patty Shwartz, Dirauf v. Berger (3d Cir. Dec. 28, 2022), a panel of the United States Court of Appeals for the Third Circuit clarified when it has jurisdiction to...more

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit Finds Complaint’s Ambiguity in Number of Calls Received Warrants Remand for Article III Standing Analysis

Recently, the Eleventh Circuit remanded a TCPA suit for the district court to rule on Article III standing, finding that the trial court should have addressed the standing issue because plaintiffs failed to plead the number...more

Gray Reed

Climate Change Lawsuits Plague Oil and Gas Producers

Gray Reed on

The causes of action vary from case to case. The common denominator is that the suits are filed in state court and allege only state law claims.  Despite producers’ best efforts, the federal courts have denied federal...more

Schwabe, Williamson & Wyatt PC

Challenge to Executive Branch Vaccine Mandate Dismissed

On Thursday, April 7, 2022, in Feds for Medical Freedom v. Biden, No. 22-400-43, the Fifth Circuit Court of Appeals reversed a federal district court’s nationwide injunction barring implementation of Executive Order 14043,...more

DirectEmployers Association

OFCCP Week In Review: April 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Robinson+Cole Class Actions Insider

Some Class Action Fairness Act Remand Decisions Are Appealable as of Right

Federal district court orders remanding cases to state court are generally not appealable, as provided by 28 U.S.C. § 1447(d). One exception to this is that the Class Action Fairness Act (CAFA) allows a court of appeals, in...more

Kilpatrick

Eleventh Circuit clarifies procedural and appellate jurisdictional issues pertaining to CAFA’s local controversy exception

Kilpatrick on

Takeaway:  The Class Action Fairness Act (CAFA) provides class action defendants with the means to secure federal jurisdiction over putative class actions filed in state court, as well as a mechanism to appeal decisions by...more

Robinson+Cole Class Actions Insider

Does the Class Action Fairness Act Allow Appeals of Sua Sponte Remand Orders?

A recent Eleventh Circuit decision on the Class Action Fairness Act (CAFA) caught my eye. It involves the kind of question legislators (and their staffs) probably never think about when drafting a statute. Law professors...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Disagreements on Display

This week, the Ninth Circuit parts ways with the Second Circuit on whether unnamed real defendants in interest can remove state cases to federal court and issues a split decision on Title IX liability. SHARMA V. HIS...more

Saiber LLC

Third Circuit Holds Facebook Not Immune Under Section 230 of Communications Decency Act from State Law Claims Alleging Violation...

Saiber LLC on

In a precedential opinion, Hepp v. Facebook, et al., ____ F.4th ______, No. 20-2725 (3d Cir. Sept. 23, 2021) (publication pending), the Third Circuit became the first Circuit Court of Appeals to apply the intellectual...more

Goodwin

Fifth Circuit Holds That Waiver of Right To Arbitrate Is Claim Specific

Goodwin on

On September 14, 2021, the United States Court of Appeals for the Fifth Circuit held that One Technologies, L.P. (One Tech) did not waive its right to compel arbitration of plaintiff’s federal claim under the Credit Repair...more

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