Subject Matter Jurisdiction

News & Analysis as of

Supreme Court Update: Montgomery V. Louisiana (14-280), Federal Energy Regulatory Commission V. Electric Power Supply Association...

The decision in Montgomery v. Louisiana (14-280) was a biggie, and not just because it retroactively applied the Court's 2012 holding that mandatory sentences of life without parole for juvenile offenders violate the Eighth...more

Warren Distribution, Inc. v. Royal Purple, LLC – What’s in a Name?

In this matter, the Trademark Trial and Appeal Board dismissed an opposition without prejudice in this precedential opinion because the party that filed the opposition was different from the party that sought and obtained an...more

Supreme Court Holds for Plaintiff on Rule 68 Issue, but Suggests Alternatives for Mootness

In a 6-3 decision on January 20, the U.S. Supreme Court provided clarity regarding the impact of Rule 68 offers of judgment and settlement offers in class actions by issuing its eagerly awaited decision in Campbell-Ewald Co....more

US Supreme Court Hands Down Long-Awaited Decision in Campbell-Ewald v. Gomez

Court holds that offers of full relief, without more, do not moot claims brought by named plaintiffs in putative class actions in federal court. On January 20, the US Supreme Court issued its long-awaited decision in...more

Not Taking “Yes” For An Answer: U.S. Supreme Court Rules That Unaccepted Offer Of Complete Individual Relief Does Not Moot...

On January 20, 2016, in a highly anticipated decision (see October 27, 2015 blog) that will have implications for class action practice nationwide, the U.S. Supreme Court ruled that an unaccepted offer of judgment sufficient...more

Reports of the Death of the Mootness Maneuver Are Greatly Exaggerated

As noted by this blog on several occasions, the U.S. Supreme Court and several appellate courts have grappled with the question of whether and to what extent a defendant facing a class or collective action can moot a case by...more

U.S. Supreme Court Ruling Removes An Important Wrench From The Defendants’ Toolbox For Defeating Employment Discrimination Class...

On January 20, 2016, the Supreme Court of the United States issued an important ruling that will affect employers’ ability to defend against a variety of lawsuits brought as class actions, including employment discrimination,...more

Supreme Court Rules Unaccepted Rule 68 Offer of Judgment Cannot Moot Class Action

A divided Supreme Court ruled today in Campbell-Ewald Co. v. Gomez, No. 14-857, that an unaccepted Rule 68 offer of judgment by a defendant cannot moot a putative class action. The decision settles a reserved question from...more

Supreme Court holds that an unaccepted offer of judgment doesn’t moot a class action

Article III of the Constitution limits the jurisdiction of federal courts to “cases” and “controversies.” As the Supreme Court recently explained in Genesis HealthCare Corp. v. Symczyk, a lawsuit does not present an Article...more

RMBS Claims Against Bank of New York Mellon Remain in Federal Court

On December 18, Judge William Pauley III of the U.S. District Court for the Southern District of New York denied Bank of New York Mellon’s motion to dismiss RMBS claims regarding fourteen trusts and one indenture trust for...more

The Eleventh Circuit Issues Two Unanimous Opinions Finding No Private Right of Action Under TARP

On October 3, 2008, George W. Bush signed the Troubled Asset Relief Program (TARP) into law as part of the government’s efforts to combat the subprime mortgage crisis and shore up the faltering economy. In general terms, TARP...more

Motion to Dismiss for Lack of Subject Matter Jurisdiction Denied Where Complaint Alleged Sufficient Facts to Establish...

Defendant's filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) motion, contending that Plaintiffs lacked standing because no case or controversy existed at the time Plaintiffs filed the complaint. Defendant argued...more

Supreme Court Clarifies the Scope of Application of Commercial Activity Exception to Foreign Sovereign Immunity

On December 1, 2015, the United States Supreme Court issued its decision in OBB Personenverkehr AG v. Sachs a case presenting important questions concerning the types of commercial activities that may strip foreign states and...more

Supreme Court Update: OBB Personenverkehr Ag V. Sachs (13-067) And Order List

If you blinked, you might have missed it, but the Court handed down its first signed opinion of the Term this week in OBB Personenverkehr AG v. Sachs (13-1067), unanimously holding that an Austrian railroad was immune from...more

Supreme Court Decides OBB Personenverkehr AG v. Sachs

On December 1, 2015, the Supreme Court of the United States decided OBB Personenverkehr AG v. Sachs, No. 13-1067, holding that the commercial-activity exception to the Foreign Sovereign Immunities Act did not apply to a...more

Avoiding Gamesmanship in Appointing Appraisal Umpires

Appraisal has long been utilized as a tool for resolution of disputes over the amount of loss at issue in property insurance claims. Unfortunately, the appraisal process has devolved in recent years. What was once considered...more

NDGA Judge Halts Another SEC Admin Proceeding

Atlanta federal Judge Leigh Martin May enjoined the SEC from proceeding in yet another administrative enforcement action Tuesday. Ironridge Global IV, Ltd. v. SEC, No. 1:15-CV-2512 (USDC NDGA Nov. 17, 2015)....more

Court Of Chancery Explains Jurisdiction For Veil-Piercing

This is an interesting decision for its discussion on what must be pled to obtain Chancery jurisdiction in a claim seeking to pierce the corporate veil. It is not enough to just allege the entity was used to defraud. Rather,...more

Blue Diamond and WhiteWave Win Dismissal of Injunctive Relief Claim for Almond Milk Products

A recent decision from the Southern District of New York demonstrates the challenges consumers face in seeking injunctive relief on behalf of a class. On October 21, 2015, in Albert et al. v. Blue Diamond Growers, et al.,...more

Does an offer of complete relief moot a putative class action? US Supreme Court hears oral argument in Campbell-Ewald Co. v. Gomez

The United States Supreme Court has heard oral arguments in the much-watched Campbell-Ewald Co. v. Gomez, No. 14-857, case. The two questions presented in Gomez that are of importance to class action practice are... ...more

The ERISA Litigation Newsletter - October 2015

Editor's Overview - This month, we review the Second Circuit's ruling in New York State Psychiatric Ass'n, Inc. v. UnitedHealth Grp. wherein the Second Circuit ruled that: (i) a provider association has associational...more

Corporate Investigations & White Collar Defense - October 2015

"Wherefore Art Thou Due Process?" Part III - Why it matters: It is time for another installment in our continuing "Wherefore Art Thou Due Process?" coverage into the ongoing constitutional challenges to the SEC's...more

U.S. Supreme Court Ponders Whether an Unaccepted Rule 68 Offer Can Moot a Plaintiff’s Claims as It Hears Argument in Gomez

The U.S. Supreme Court heard oral argument in Campbell-Ewald Co. v. Gomez on October 14, 2015, an important case presenting the question of whether a defendant can defeat a class action by offering complete individual relief...more

Federal Circuit Court Upholds Enforcement Of Foreign Arbitration Award

The U.S. Court of Appeals for the Eighth Circuit upheld a federal district court’s enforcement of an arbitration award after finding that the Appellant’s claims were precluded by foreign proceedings. American Hearing Systems,...more

Clean Water Rule Stayed Nationwide

On October 9, 2015, the United States Court of Appeals for the Sixth Circuit issued a stay of the Obama Administration’s new rule defining the scope of federal jurisdiction under the Clean Water Act. The stay postpones...more

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