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Litigation Strategies State and Local Government Jurisdiction

Harris Beach Murtha PLLC

Plaintiffs Cannot Defeat Federal Removal Jurisdiction by Artful Pleading

The allegations of a plaintiff’s complaint do not control when evaluating removal under the federal officer removal statute, 28 U.S.C. § 1442(a)(1), and instead the court must credit the defendant’s theory of the case when...more

Mayer Brown

Six Months of the Texas Business Court: Looking Back as Court of Appeals Weighs in on Jurisdiction

Mayer Brown on

Since opening its doors on September 1, 2024, the Texas Business Court has seen 86 cases1 cross the docket of its five active divisions,2 with the scope of the court’s jurisdiction being a common—and hotly contested—issue. In...more

Kelley Drye & Warren LLP

Kansas Seeks to Stop Ford County From ​“Usurping” its Sovereignty

In January, Ford County, Kansas joined a class action complaint filed in Missouri against eleven plastics manufacturers, seeking to represent ​“all persons or entities” in 35 states who purchased relevant plastics since 1990....more

Fox Rothschild LLP

Alleging Non-AFFF Claims in a Separate Action May Not Keep Those Claims in State Court

Fox Rothschild LLP on

State government plaintiffs in cases against PFAS manufacturers have adopted the strategy of filing parallel complaints in state court – one for recovery for contamination caused by PFAS in AFFF and a second for potentially...more

Cranfill Sumner LLP

Navigating the Jury Trial in an Eminent Domain Case

Cranfill Sumner LLP on

Navigating a jury trial in an eminent domain case can feel like a high-stakes gamble. The unpredictability and inherent risks make it a daunting process for both litigants and their counsel. That is why it is important to...more

Houston Harbaugh, P.C.

Pennsylvania Court Concludes that Certain Sunoco Entities Did Not Have Eminent Domain Authority in Washington County for Mariner...

Houston Harbaugh, P.C. on

In a February 7, 2025 decision in Simon v. Sunoco Pipeline LP, No. 2015-3302 (Wash. Cty. February 7, 2025), the Court of Common Pleas of Washington County, Pennsylvania concluded that Sunoco Pipeline LP and Sunoco Logistics...more

Fox Rothschild LLP

Franchising Beyond State Lines: Minnesota Expands Franchise Act Reach

Fox Rothschild LLP on

While the Court found that the bundled costs did not constitute a franchise fee, the MFA may apply to franchisees located outside the state of Minnesota. Pennsylvania based distributor, M&M Creative Laminants’ (M&M) bought...more

Bradley Arant Boult Cummings LLP

Alabama Appellate Court Appears Poised to Deliver Big Win for Cannabis Commission

Longtime readers of Budding Trends (and there are dozens of you) know that I have been saying over and over recently that – as counterintuitive as it may sound – the fastest way to get Alabama’s medical cannabis program...more

Cozen O'Connor

Specific Personal Jurisdiction Established Through Indirect Evidence of Targeting a Market

Cozen O'Connor on

In a recent decision, California’s Third Appellate Division held that a foreign automobile manufacturer could be haled into a state court in California through the indirect actions of its distributor without offending...more

Kohrman Jackson & Krantz LLP

The City of Cleveland and State of Ohio Fight to Enforce the Modell Law and Block the Browns’ Move to Brook Park

This week, the City of Cleveland (the City) and the State of Ohio (the State) took several key actions in the battle to prevent the Cleveland Browns from relocating to a domed facility in Brook Park, Ohio. On January 14,...more

Lowndes

Recent Changes to Florida Appellate Rules of Procedure

Lowndes on

In January 2020, the Florida Supreme Court adopted three subtle, but significant changes to the Florida Rules of Appellate Procedure: Rule 9.130(a)(3)(C) was amended to clarify language regarding nonfinal orders denying...more

Rumberger | Kirk

Increased Jurisdictional Limit and New Appellate Right within Florida's County Courts

Rumberger | Kirk on

Florida’s trial court system is divided into two tiers, the county courts and the circuit courts. For most civil cases, the dividing line between county and circuit court is the amount in controversy, with a $15,000 limit for...more

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