Exploring Procedural Justice | Judge Steve Leben | Texas Appellate Law Podcast
What is the Chancery Division? What does equitable relief mean? These are among the many questions posed by litigants facing either a claim filed in the Chancery Division or seeking legal assistance for complex claims seeking...more
The U.S. District Court for the District of Delawares recent decision in Landbridge Port Services (Hong Kong) Ltd. v. Notarc Port Investment LLC further deepens the split among U.S. federal courts regarding jurisdiction under...more
How do you determine whether a case should be heard in state court or federal court? Lawsuits can be filed in either state or federal court, depending on where the litigants live or do business, the type of case, the amount...more
It may be fair to say that non-US entities involved in a chapter 15 case, the mechanism through which US courts recognize foreign insolvency proceedings, do not anticipate having to litigate claims raised in the chapter 15...more
Knowing the requirements and limitations of Georgia magistrate courts is important to understanding when litigating in multiple courts – i.e., claims and counterclaims being severed and partially transferred to state court –...more
On April 28, 2022, the California Court of Appeal issued a much-anticipated decision in Wong v. Restoration Robotics, Case No. A161489, enforcing a forum selection clause contained in a corporate charter provision that...more
The US Court of Appeals for the Eighth Circuit held that it lacked jurisdiction under 28 U.S.C. § 1291 and therefore dismissed an appeal of a district court decision staying a federal action pending state court litigation...more
The brawl over climate tort liability has returned, again, to the U.S. Supreme Court. In its first skirmish in 2011, the Court in Connecticut v. American Electric Power swept the board by declaring that the federal Clean Air...more
Since 1937, the Tax Injunction Act (28 USC 1341) has significantly limited taxpayers' access to federal courts to hear state tax matters. In this week's episode, Matt Hunsaker provides an overview of the Act and avenues still...more
The removal of a state court action to federal court is often conceptualized in the context of 28 U.S.C. § 1441, where, but for the plaintiff’s choice of venue, the matter could have been filed in federal court pursuant to...more
Over the past decade or more, plaintiffs have sought to “hold companies accountable” for their supposed contributions to climate change. Having been rebuffed from bringing claims in federal court under federal common law,...more
The recent procedural ruling by a Pennsylvania federal court highlights another area of uncertainty in the growing wave of insurance litigation related to COVID-19: will these cases proceed in state or federal courts? The...more