Subject Matter Jurisdiction

News & Analysis as of

Stern Revisited, Testing the Jurisdictional Authority of the Bankruptcy Courts and Beyond

In January, the Supreme Court heard oral argument in Executive Benefits Insurance Agency v. Arkison. Executive Benefits is viewed by many as the sequel to Stern v. Marshall, 131 S. Ct. 2594, 180 L. Ed. 2d 475 (2011). In...more

The Class Action Chronicle - Spring 2014

This is the third 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...more

Appellate Court Notes - Week of February 17

AC35201, AC35270 - Henderson v. Lagoudis - The “law of the case” doctrine does not preclude a trial court from re-considering subject matter jurisdiction (standing of the plaintiff in this case), even if the plaintiff...more

The Perils of Incomplete Service

Our previews of the newest additions to the Illinois Supreme Court’s civil docket continue with Bettis v. Marsaglia, an election law case from the Fourth District. Bettis poses the question of whether a plaintiff’s failure to...more

Darby Emerging Markets Fund, L.P. v. Ryan, C.A. No. 8381-VCP (Nov. 27, 2013) (Parsons, V.C.)

In this memorandum opinion, the Court denied defendants’ motion to dismiss for lack of subject matter jurisdiction and failure to state a claim, holding that, under the equitable cleanup doctrine, the Court had jurisdiction...more

Trade Dress, Sovereign Immunity, World Politics and R.60 Collide - Bell Helicopter Textron Inc. v. Islamic Republic of Iran,

The U.S. Court of Appeals for the District of Columbia Circuit affirmed the vacatur of final default judgment against the Islamic Republic of Iran (Iran) for alleged trade-dress infringement. The unanimous panel agreed with...more

Second Circuit Answers Call from TCPA Plaintiff

After two failed calls in the Eastern District of New York, the Second Circuit last week opened the line for one TCPA plaintiff to plead his case. On March 12, 2013, Judge William F. Kuntz II of the Eastern District of...more

Can a Defendant Sue a Receiver’s Property Management Company, or Are They Protected from a Lawsuit Like a Receiver?

I hired a property management company to aid me in managing a receivership property. A defendant in the case has threatened to sue the management company for action taken at my request. Can the defendant sue the management...more

Florida Appeals Court Affirms Dismissal Of State Qui Tam FCA Lawsuit Alleging Failure To Pay Stamp Tax Upon Assignment

On November 21, the Florida First District Court of Appeals affirmed the dismissal of a qui tam false claims act lawsuit against a lender, securitization trust, and MERS for the recovery of allegedly unpaid documentary stamp...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

Sandoz v. Amgen: Interpretation of the Biosimilar Act Results in Dismissal for Lack of Subject Matter Jurisdiction for Declaratory...

On November 11, 2013, the U.S. District Court for the Northern District of California in Sandoz, Inc. v. Amgen, Inc. and Hoffman-La Roche, Inc., Docket No. C-13-2904, made the first-ever judicial interpretation of the...more

How Trade Mark Defendants are Winning from MedImmune

In 2007, the US Supreme Court set a new test for declaratory judgment actions in MedImmune. Its decision continues to have a profound impact on trade mark cases, explain Bobby Ghajar and Carolyn Toto. One-Minute Read...more

Court Dismisses Loss Recovery Case, in Big Win For Fantasy Sports Industry

Today, in a closely watched case in Illinois, a federal court dismissed a lawsuit brought under the Illinois Loss Recovery Act (ILRA) against daily fantasy sports site FanDuel, Inc. and daily fantasy sports player Patrick...more

Texas Whistleblower Act Has Jurisdiction

A state employee sent an email to a superior declaring that if a particular contract were not honored, then the entire department would not be complying with federal regulation. After being fired, the employee sued under the...more

Pa. Litigation Update

This summer was anything but a sleepy period for decisions from Pennsylvania courts on issues important to the oil and gas industry. Here are summaries of four cases issued in July and August - one from the Third Circuit...more

Ninth Circuit Falls In Line With Supreme Court Ruling on Class Action Removals

In Rodriguez v. AT&T Mobility, LLC, the Ninth Circuit continues a string of recent decisions cracking down on district courts’ tendency to remand class actions on the purported basis that the defendant failed to meet the...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

Declaratory Judgment Jurisdiction Found Where Patent License Negotiations Reached an Impasse and NDA Did Not Preclude a Lawsuit

Plaintiff Biomet, Inc. ("Biomet") filed a complaint for Declaratory Judgment against Bonutti Skeletal Innovations, LLC ("Bonutti") seeking a declaration that the manufacture, use, or sale of Biomet's products does not...more

Airline Pilot’s Disability Claim Does Not “Fly” In Federal Court — Must Be Arbitrated

Where do you litigate an ERISA disability claim governed by a collective bargaining agreement? It has to be sent to arbitration, not to federal court, if the Railway Labor Act applies....more

The GPMemorandum, Issue 169

In This Issue: - Ninth Circuit Once Again Affirms $16 Million Verdict In Favor Of Licensee: The United States Court of Appeals for the Ninth Circuit has amended a recent opinion and voted to deny rehearing en...more

Eleventh Circuit Confirms There Is No CAFA Jurisdiction Where Separate Suits Are Filed To Keep The Number Of Plaintiffs Under 100

The plaintiffs—cruise passengers on the ill-fated Costa Concordia—filed two separate lawsuits, neither of which contained more than 100 plaintiffs....more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- June 20, 2013

EMI Entertainment World, Inc. v. Karen Records, Inc., U.S.D.C., New York, June 10, 2013 - District court vacates $100,000 judgment for copyright infringement, finding that parent company did not have standing to bring...more

Religious Institutions: June 2013

Do you know a "place of public accommodation" when you see it? Federal, state and sometimes local laws entitle persons to the full and equal employment of the goods, services, facilities, privileges, advantages and...more

In the Crosshairs: District Courts Utilize Gunn to Dismiss Patent-Related Legal Malpractice Claims for Lack of Subject Matter...

In an opinion and order dated May 7, 2013, the Honorable Mitchell S. Goldberg of the U.S. District Court for the Eastern District of Pennsylvania dismissed for lack of subject matter jurisdiction a legal malpractice action...more

Redial Unsuccessful - TCPA Claims Still Unavailable in New York

Plaintiffs still cannot dial up TCPA claims in New York. On May 1, 2013, Judge William F. Kuntz, II of the Eastern District of New York denied a motion to reconsider his earlier decision dismissing claims arising...more

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