News & Analysis as of

Subject Matter Jurisdiction Appeals

SC Court of Appeals Confirms Probate Court’s Limited Partition Jurisdiction - Real property devolves according to the state law...

by Nexsen Pruet, PLLC on

In Byrd v. McDonald, op. No. 5409 (S.C.Ct.App. filed June 8, 2016) (Shearouse Adv.Sh. No. 23 at 66) the S.C. Court of Appeals decided the appeal of a probate court action to determine heirs and partition real property. The...more

Eleventh Circuit Confirms Scope of Original Jurisdiction Under Class Action Fairness Act

by Holland & Knight LLP on

In Wright Transportation, Inc. v. Pilot Corporation, et al., the U.S. Court of Appeals for the Eleventh Circuit considered whether a district court retains original jurisdiction over state law claims following the dismissal...more

Magistrate’s Recommendation That The Case Be Dismissed For Lack Of Subject Matter Jurisdiction Is Adopted

by Morris James LLP on

Stark, C. J. Plaintiff’s objections are overruled and magistrate’s report and recommendations adopted in full. This case involves a challenge to the result of a PTO interference declared after September 15, 2012....more

State ex rel. Heartland Title Services, Inc. v. The Honorable Kevin D. Harrell

by Williams Venker & Sanders on

— S.W.3d —, 2016 WL 6090816 (Mo. banc October 18, 2016) In a matter of first impression, the Missouri Supreme Court recently clarified that Missouri’s venue statute must be read to allow venue (referring to the locale...more

Think Your Arbitration Award Is Final? Maybe “Look Through” It Again

The question of federal court jurisdiction over arbitration proceedings has historically led to different conclusions. A few years ago, the United States Supreme Court clarified in Vaden v. Discover Bank that Section 4 of...more

Trader Woes: Lanham Act Applies Extraterritorially to Canadian Resale of US Grocery Chain’s Products

by McDermott Will & Emery on

A recent case from the US Court of Appeals for the Ninth Circuit illustrates how the Lanham Act may be applied extraterritorially to foreign activities that affect US commerce. Trader Joe’s v. Michael Norman Hallatt, Case No....more

Ninth Circuit Rules Trader Joe’s May Pursue Infringement Claim Against Infringing Activity in Canada

The Ninth Circuit recently became the latest appeals court to address the extraterritorial reach of the Lanham Act, holding that a U.S. trademark holder can pursue a Lanham Act claim in the U.S. against infringing activity...more

Second Circuit Highlights Bank Regulators' Actions in Weighing Alien Tort Statute Claims

by White & Case LLP on

In Licci v. Lebanese Canadian Bank, the Second Circuit reaffirmed its prior rulings that international law does not recognize corporate liability for crimes under international law, and so dismissed claims by foreign...more

Third Circuit Affirms Dismissal Of Suit To Vacate FINRA Arbitration Award

by Carlton Fields on

This case involved an underlying arbitration before an arbitration panel operating under the Financial Industry Regulatory Authority (“FINRA”) rules, which was brought by Judith and Kenneth Goldman against their financial...more

Litigation Alert: The Ninth Circuit Leaves Pirate Joe’s Saying “Shiver Me Timbers!”

by Fenwick & West LLP on

Late last week, the U.S. Court of Appeals for the Ninth Circuit determined a court had jurisdiction to decide a trademark lawsuit filed by a U.S. grocery store against a Canadian reseller where the products at issue were only...more

Bankruptcy Courts Lack Subject Matter Jurisdiction Over Medicare Issues, Eleventh Circuit Rules

by Baker Ober Health Law on

In a detailed opinion that likely constitutes the last word on the matter, the Eleventh Circuit recently held in Fla. Agency for Health Care Administration v. Bayou Shores SNF, LLC that bankruptcy courts lack jurisdiction...more

Alabama Issues Remote Sellers Use Tax Assessments, Newegg Inc. Appeals

by McDermott Will & Emery on

Ever since Alabama’s new economic nexus regulation went into effect, litigation over its constitutionality has been expected given that Alabama Commissioner Julie Magee and Governor Bentley said as much when announcing it...more

Federal Appellate Court Reinstates RMBS Action Against Moody’s

On May 2, 2016, the First Circuit Court of Appeals reinstated a $5.9B suit brought by the Federal Home Loan Bank of Boston (“FHLBB”), alleging that Moody’s Corp and Moody’s Investor’s Service, Inc. (together, “Moody’s”)...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19408 - NPC Offices, LLC v. Kowaleski - In this case, the Supreme Court reversed the Appellate Court. The Appellate Court had agreed with the Trial Court that a driveway...more

No Appeal to Housing Court for Major Development Projects Says Top Mass. Court

by Beveridge & Diamond PC on

Appeals of major development projects of 25 or more dwelling units or 25,000 square feet or more of gross floor area cannot go to the Massachusetts Housing Court, as jurisdiction for these projects is exclusively with the...more

ITC Section 337 Update – March 2016

by King & Spalding on

BriarTek IP, Inc. Petitions for Writ of Certiorari - On February 10, 2016, BriarTek IP, Inc. filed a petition for writ of certiorari to review a judgment of the United States Court of Appeals for the Federal Circuit that...more

Federal Circuit Court Upholds Enforcement Of Foreign Arbitration Award

by Carlton Fields on

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

by K&L Gates LLP on

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

No Good Public Policy Goes Unpunished: Superior Court Challenge to Utility's Implementation of CPUC General Order 156 Moves...

by Nossaman LLP on

The California Public Utilities Commission (“CPUC”) is a state agency vested with considerable constitutional and statutory powers. Historically, the CPUC has wielded these powers primarily in pursuit of its traditional...more

Real Property, Financial Services & Title Insurance Update: Week Ending October 9, 2015

by Carlton Fields on

REAL PROPERTY UPDATE - Certiorari; discovery: Certiorari review was not available to an owner of property seeking review of a trial court’s order denying his discovery requests, where the order did not completely...more

Third Circuit Challenges Supreme Court to Reconsider Whether an LLC’s Citizenship Should Be Based on Its Members

by Blank Rome LLP on

Action Item: An LLC’s state of organization and principal place of business are legally irrelevant for purposes of determining diversity jurisdiction in the Third Circuit. Despite the practical difficulties this law imposes...more

Seventh Circuit Affirms No Jurisdiction on Challenge to SEC Admin Courts

by Burr & Forman on

The first Court of Appeals to rule in the recent round of challenges to the Securities and Exchange Commission’s administrative enforcement mechanism has held courts lack authority to consider the matter. The US Seventh...more

NC Court of Appeals Weighs in on Multiple Creditor’s Rights Issues

by Poyner Spruill LLP on

The NC Court of Appeals has issued a number of opinions this year involving lender foreclosure or collection efforts. Not all of the holdings have been monumental, but there is a common thread of useful principles,...more

Eleventh Circuit Throws Open The Door To State-Law Class Actions In Federal Court

by Balch & Bingham LLP on

In a first-of-its-kind opinion that could open the class action flood gates, the Eleventh Circuit has held that state consumer fraud class actions may proceed in federal court even if the state consumer fraud statute...more

Clarity Put on Hold as FTAIA Conflict/Confusion Continues

by Foley & Lardner LLP on

The Foreign Trade Antitrust Improvements Act (FTAIA) was enacted in 1982 to help achieve clarity in the application of U.S antitrust laws to international trade. More than 30 years since that effort, the FTAIA has not...more

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