News & Analysis as of

Exclusive Jurisdiction

State Asset Protection Trusts Take Another Hit

by Charles (Chuck) Rubin on

Numerous states have statutes that allow for the creation of self-settled discretionary trusts that are protected from claims of the settlor while allowing the settlor to be a discretionary beneficiary. Such trusts are likely...more

Illinois General Assembly Begins to Exercise Its Exclusive Authority Over Firearms

by Holland & Knight LLP on

• The Illinois General Assembly has approved a bill that, if signed by Gov. Bruce Rauner, would make it unlawful for a person to engage in the business of selling, leasing or otherwise transferring firearms without a license...more

White House Proposes to Streamline Environmental Reviews for Infrastructure Projects

by Perkins Coie on

The Washington Post last week reported a leaked White House document that revealed a far-reaching set of proposals to streamline the environmental review process for infrastructure projects. The 23-page document included more...more

Supreme Court Sends Challenges to Clean Water Rule to Federal District Courts

by Perkins Coie on

In a unanimous decision on January 22, the U.S. Supreme Court ruled that challenges to the Obama administration’s 2015 Clean Water Rule must be brought in federal district courts rather than directly in the courts of appeals....more

U.S. Supreme Court Sends Waters of the US Rule to District Courts; Nationwide Stay in Question

by Husch Blackwell LLP on

On January 22, 2018, the U.S. Supreme Court unanimously held that challenges to the 2015 Waters of the United States Rule (the “WOTUS Rule” or “Rule”) belong in district court rather than the appellate court. The WOTUS Rule...more

Fourth Circuit Holds that Federal Courts Have Concurrent Jurisdiction with Surface Transportation Board over ICCTA Claims

by Burr & Forman on

On November 16, 2017, the United States Court of Appeals for the Fourth Circuit joined the First, Fifth and Sixth Circuits in ruling that claims arising from the Interstate Commerce Commission Termination Act (“ICCTA”) can be...more

Where Should Custody And Parenting Issues Be Decided?

by Fox Rothschild LLP on

Sometimes, the location of a case – for one reason or another – can be just as important as anything else. Perhaps the law is different and more beneficial to one side in a particular location; possibly, one place is simply...more

Forum Selection in New York

Credit documents in lending transactions commonly contain a choice of forum provision setting forth the agreement of the parties to submit to the jurisdiction of the New York state courts and federal courts sitting in the...more

Ninth Circuit Decision Expands U.S. Jurisdiction for International Nuclear Liability - The Ninth Circuit allowed U.S. service...

On June 22, 2017, a three-judge panel on the Ninth Circuit issued a unanimous decision in Cooper v. Tokyo Electric Power. The case is unique as it is the only claim brought in the United States for damages arising out of the...more

Construction of competing jurisdiction clauses

by Allen & Overy LLP on

The Commercial Court has upheld an Italian local authority’s jurisdiction challenge in respect of certain declarations relating to interest rate swaps entered into under an ISDA Master Agreement. At first instance, the judge...more

Chris Lazarini Examines State Court Jurisdiction Under the Securities Act of 1933

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case in which the defendants claimed a state court did not have jurisdiction to hear a class action lawsuit alleging violations of the Securities Act of 1933. The court...more

Rebalancing the Law on Asymmetric Jurisdiction Clauses

by Latham & Watkins LLP on

The English High Court has held that asymmetric jurisdiction clauses are exclusive jurisdiction clauses for the purposes of the Recast Brussels Regulation (the Recast Regulation). Where claims are issued by disputing...more

The Impending Launch of the Unified Patent Court

by Dechert LLP on

In a fundamental change to how European patents are going to be litigated in Europe, the United Patent Court (UPC) will soon have exclusive jurisdiction over European patent disputes and will be able to issue remedies that...more

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

by DLA Piper on

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

Supreme Court of Illinois Says Courts Can Decide ARES Rate Disputes

by Foley & Lardner LLP on

Courts – not the ICC – have jurisdiction over rate cases involving an ARES, said the Supreme Court of Illinois.[1] In a unanimous opinion written by Chief Justice Karmeier, the Court in December answered the Seventh Circuit’s...more

Member Of A Delaware LLC? Don't Bring Claims To Inspect Books And Records, Or For Dissolution, In North Carolina's Courts

by Brooks Pierce on

The Plaintiff in Camacho v. McCallum, 2016 NCBC 79 has to head to Delaware to litigate her claims for inspection of the records of the LLC of which she is a member, and also to seek dissolution of the LLC. Why, even...more

District Court Dismisses Challenge to Biological Opinions In Light of Circuit Court’s Exclusive Jurisdiction

by Nossaman LLP on

Primarily relying on precedent from the U.S. Court of Appeals for the Ninth and D.C. Circuits, the U.S. District Court for the District of Maine recently dismissed an Endangered Species Act (ESA) lawsuit challenging two...more

Brussels Recast anti-torpedo protection for hybrid jurisdiction clauses

by Allen & Overy LLP on

In Perella Weinberg Partners UK LLP & anr v Codere SA [2016] EWHC 1182 (Comm) the High Court has held, albeit obiter, that an asymmetric (or hybrid) exclusive jurisdiction clause falls within the definition of “exclusive” for...more

2016 Mid-Year Securities Litigation and Enforcement Highlights

by BakerHostetler on

Welcome to the 2016 Mid-Year Report From the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team. The purpose is to provide a periodic survey, apart from our team Executive Alerts, on matters...more

Where Do FERC Enforcement Targets Go to Get Their Day in Court?

by Stinson Leonard Street on

Two Federal District Court Opinions Highlight Differences Between Natural Gas Act and Federal Power Act Investigations - Two weeks ago, a federal judge in Texas rejected arguments that targets of FERC investigations...more

The implications of Brexit on the entertainment and media industry

by Reed Smith on

While the United Kingdom will not leave the European Union overnight, it is important to consider what the result of the Brexit referendum means to the entertainment and media industry. What are the challenges? How do we...more

Potential Changes to Interstate Custody Dispute Law in Massachusetts

by Burns & Levinson LLP on

After a three month maternity leave, and a few months adjusting to being a full-time working mom, I’m excited to be back to contributing my thoughts to this blog! I’m also excited to be writing on a topic that I not only find...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

Eighth Circuit Panel Rules Minnesota Climate Change Law Unconstitutional

Today, the Eighth Circuit determined that the Next Generation Energy Act (“NGEA”), a Minnesota law that established power sector standards for carbon dioxide emissions, was unconstitutional. In so doing, the Court affirmed...more

CJEU confirms when jurisdiction clauses in bond prospectuses will bind purchasers on the secondary market

by DLA Piper on

Last month the Court of Justice of the European Union (CJEU) published its preliminary ruling in Profit Investment Sim SpA, in liquidation v Stefano Ossi and others. The case considered the circumstances in which a party...more

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