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Subject Matter Jurisdiction State Law Claims

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Signal Piracy and Supplemental Jurisdiction

This week, the Ninth Circuit examines the requirements for signal piracy liability under the Cable Communications Policy Act and Communications Act, and explains when courts must give notice before dismissing a state law...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Fire Investigators and Nursing Homes

This week, the Ninth Circuit addresses the district court’s gatekeeping role for expert testimony and examines whether federal courts have jurisdiction over COVID-related suits against nursing homes. ELOSU v. MIDDLEFORK...more

Troutman Pepper

Federal Circuit Review - Issue 278

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278-1. Federal Circuit Remands Patent Infringement Case to Answer Patent Ownership and License to Practice Questions - The Federal Circuit recently vacated a grant of summary judgment of non-infringement of a patent,...more

Ballard Spahr LLP

Ninth Circuit Curtails Consumers’ Class Claims Under the Magnuson-Moss Warranty Act

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Resolving an issue of first impression before it, the United States Court of Appeals for the Ninth Circuit held that the Class Action Fairness Act of 2005 (CAFA) “may not be used to evade the specific numerosity requirement”...more

Eversheds Sutherland (US) LLP

Another climate change lawsuit remanded to state court

The Tenth Circuit has recently joined its sister circuits, the Fourth Circuit and Ninth Circuit, in finding that federal courts do not have subject-matter jurisdiction over state-law nuisance claims. A Colorado climate-change...more

Farrell Fritz, P.C.

Another Door Closes to Federal Court in Judicial Dissolution Cases

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Not for the first time, I find myself intrigued by the federal courts’ resistance to hearing state law claims for judicial dissolution of business entities where subject matter jurisdiction otherwise exists based on diversity...more

Butler Snow LLP

An Update on Snap Removal

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A defendant can utilize 28 U.S.C. § 1441 to remove a state court case to federal court where complete diversity of citizenship exists. But the statute includes restrictions that limit a defendant’s ability to remove a case to...more

McDermott Will & Emery

Breach of Contract Claim Does Not Arise Under Patent Law

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The US Court of Appeals for the Federal Circuit reversed a district court decision that retained jurisdiction over a breach of contract action, finding that the action did not sufficiently implicate issues of patent law and...more

Knobbe Martens

Federal Circuit Review - September 2019

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State Sovereignty Principles Do Not Allow a State to Bring a Patent Infringement Suit in an Improper Venue - In Board of Regents v. Boston Scientific Corp., Appeal No. 2018-1700, the Federal Circuit ruled that the patent...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

State-Law Ramifications of the Supreme Court’s Decision in Fort Bend County, Texas v. Davis: Massachusetts and Rhode Island as...

In Fort Bend County, Texas v. Davis, the Supreme Court of the United States held that the requirement in Title VII of the Civil Rights Act that an employee file a charge of discrimination with the Equal Employment Opportunity...more

BCLP

Website Accessibility Alert: Court Addresses Mootness Argument in Website Accessibility Case

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As businesses continue to face lawsuits and demand letters alleging that their websites are inaccessible to blind and deaf patrons in violation of the Americans with Disabilities Act (“ADA”), courts across the country...more

Proskauer - Whistleblower Defense

Minnesota Federal Court Rejects Employer’s Attempt to Litigate State-Law Whistleblower Claim in Federal Forum

On March 11, 2019, a federal court in Minnesota rejected an employer’s attempt to litigate a plaintiff’s state-law whistleblower claim in a federal forum, ruling it was insufficient that the plaintiff alleged violations of...more

Nutter McClennen & Fish LLP

Product Liability 2018 Year in Review

Massachusetts state and federal courts issued a number of important product liability decisions in 2018. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more

Womble Bond Dickinson

Removing State Law Claims to Federal Court: When FCRA Claims Lurk In The Background

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The District Court for the Northern District of New York handed down an unusual decision. The district court found that it had federal question jurisdiction even though the Plaintiff only asserted one claim in his Complaint:...more

Womble Bond Dickinson

A Sign of Things to Come in TCPA Lawsuits?: Plaintiffs Use Lack of Article III Standing as a Sword to Avoid Federal Jurisdiction

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We reported last month on a case where a defendant had moved to dismiss a plaintiff’s TCPA claim based on lack of Article III standing, only to end up back in the state court from which the case was removed. And just as Jay...more

Seyfarth Shaw LLP

Federal Court Scuttles Class Action Settlement Objectors’ Motion To Dismiss Lawsuit Brought By Plaintiff Class Action Firm

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Seyfarth Synopsis: In a lawsuit brought by a plaintiff class action firm alleging that objectors to class action settlements violated both RICO and Illinois state law by filing frivolous objections in order to seek payouts,...more

Payne & Fears

Key California Employment Law Cases: April 2018

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This month’s key California employment law cases are two decisions from the Ninth Circuit Court of Appeals. Chavez v. JPMorgan Chase & Co., 888 F.3d 413 (9th Cir. 2018) - Summary: Amount in controversy for federal...more

Fox Rothschild LLP

Judge Andrews Grants State Of Delaware’s Motion To Remand To State Court Suit It Filed Against Opioid Manufactures, Distributors...

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By Memorandum Opinion entered by The Honorable Richard G. Andrews in State of Delaware v. Purdue Pharma L.P. et al., Civil Action No. 18-383-RGA (D.Del. April 25, 2018), the Court granted Plaintiff State of Delaware’s Motion...more

McDermott Will & Emery

AIA Does Not Override 28 USC § 1447(d) Reviewability Bar

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The US Court of Appeals for the Federal Circuit ruled that provisions in the America Invents Act (AIA) related to federal courts’ jurisdiction over patent claims do not override 28 USC § 1447(d)’s limit on appellate review of...more

Schwabe, Williamson & Wyatt PC

Supreme Court and Precedential Federal Circuit Patent Cases

The Supreme Court’s ruling in Impression Products v. Lexmark will force patentees to get what they can in their initial sale or licensing of patented products in both the U.S. and abroad, knowing that they will have to rely...more

Womble Bond Dickinson

The Case for a Unified Approach to Corporate and LLC Citizenship

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Imagine opening your email one morning to find a copy of a complaint and summons just received by your out-of-state corporate client. The caption shows a familiar North Carolina company as the lone plaintiff, and a cursory...more

Bradley Arant Boult Cummings LLP

Leaving Real Estate Investment Trusts in the Cold: How the Americold Case Could Preclude Establishing Diversity Jurisdiction in...

The Supreme Court’s most recent citizenship opinion, Americold Realty Trust v. Conagra Foods, Inc., could make removing or keeping a case in federal court based on diversity more difficult for a statutory trust with a...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - October 2015

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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

Foley & Lardner LLP

Malpractice Cases Against Patent Lawyers Stay in State Court, as Supreme Court Continues to Refine Reach of Grable

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In the course of deciding that malpractice cases against patent lawyers belong in state courts (when there is no diversity of citizenship), the United States Supreme Court has issued an important ruling on the scope of...more

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