Calif. attorney, clients can’t be sued in Kansas 
Published: April 3, 2012
Tags: jurisdiction, malicious prosecution, product liability
A California attorney and his clients were not subject to the long-arm jurisdiction of Kansas courts when they were sued for malicious prosecution, the Kansas Court of Appeals has ruled in affirming a dismissal.
Supreme Court takes up health care challenge
By:
Kimberly Atkins
Published: March 26, 2012
Tags: Anti-Injunction Act, health care, jurisdiction, Patient Protection and Affordable Care Act, Supreme Court
WASHINGTON – The U.S. Supreme Court began its historic three-day examination of the challenge to the federal health care law by taking up an issue that could stop the case in its tracks: whether the Anti-Injunction Act bars courts from considering challenges to the law before it is fully implemented in 2015.
There are two questions: Is the penalty for not obtaining health care coverage a tax? And if so, is the AIA a jurisdictional bar preventing courts from hearing challenges at all, or merely a defense that the government can raise?
Federal removal statute creates venue changes
By:
David Frank
Published: February 17, 2012
Tags: Discovery, Federal courts, jurisdiction, venue
Civil practitioners say a new federal venue law that quietly went into effect last month will lead to an increase in diversity-based discovery and cut down on the “jurisdictional gamesmanship” that regularly occurs in litigation.
Removal statute clarifies areas of confusion
Published: February 17, 2012
Tags: jurisdiction, venue
The Federal Courts Jurisdiction and Venue Clarification Act of 2011 was passed by unanimous consent in both chambers of Congress on Jan. 6.
Out-of-state defendants can’t be sued for defamation
Published: February 14, 2012
Tags: defamation, jurisdiction
Long-arm jurisdiction could not be exercised over out-of-state defendants who allegedly posted defamatory material about state residents on their website, New York’s highest court has ruled in reversing the denial of a motion to dismiss.
Government immune in suits over toxic FEMA trailers
Published: January 26, 2012
Tags: Federal Tort Claims Act, FEMA, FTCA, jurisdiction, product liability, sovereign immunity
The federal government was immune from liability in lawsuits brought by hurricane victims who were allegedly exposed to dangerous levels of formaldehyde while living in emergency housing units, the 5th Circuit has ruled in affirming a dismissal.
Court couldn’t hear out-of-state custody dispute
Published: January 26, 2012
Tags: custody, jurisdiction, Uniform Child Custody Jurisdiction and Enforcement Act
A state court misapplied the residency rules of the Uniform Child Custody Jurisdiction and Enforcement Act when it assumed jurisdiction of an out-of-state custody matter, the Colorado Supreme Court has ruled in reversing judgment.
ERISA plaintiff could show subject matter jurisdiction
Published: January 25, 2012
Tags: ERISA, jurisdiction
An ERISA plaintiff was not required to show that he was a plan participant for the purpose of establishing subject matter jurisdiction in his lawsuit challenging the termination of his long-term disability benefits, the 9th Circuit has ruled in reversing a dismissal.
Court considers jurisdiction for MSPB appeals
Published: January 18, 2012
Tags: appeal, employment discrimination, jurisdiction, Merit Systems Protection Board, Supreme Court
The U.S. Supreme Court has agreed to decide whether the Federal Circuit or district courts have jurisdiction to hear the appeal of a Merit Systems Protection Board decision that contains disputed termination and unlawful discrimination claims.
EMPLOYMENT LAW
Published: January 13, 2012
Tags: appeal, employment discrimination, jurisdiction, Merit Systems Protection Board, Supreme Court
Does the Federal Circuit or district courts have jurisdiction to hear the appeal of a Merit Systems Protection Board decision that contains both disputed termination and unlawful discrimination claims?
See “Court considers jurisdiction for MSPB appeals”
Kloeckner v. Solis, No. 11-184.Certiorari granted: Jan. 13, 2012. Ruling
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