WASHINGTON – The fallout from the complicated legal battle between the late pinup model Anna Nicole Smith and the estate of the elderly oil magnate she married is still being felt by bankruptcy lawyers across the nation because a new circuit split has emerged, making an already complex legal issue even more knotty.
The Industrial Stormwater Rule under the Clean Water Act, as permissibly construed by the Environmental Protection Agency, exempts discharges of channeled stormwater runoff from logging roads from the permitting scheme under the National Pollutant Discharge Elimination System, the U.S. Supreme Court has ruled.
A class action plaintiff could not avoid removal to federal court by stipulating that his total damages would be less than the $5 million jurisdictional threshold for application of the Class Action Fairness Act, the U.S. Supreme Court has ruled.
A consumer class action filed in state court failed to include facts necessary to trigger the time period for removal under the Class Action Fairness Act, the 9th U.S. Circuit Court of Appeals has ruled in reversing a remand order.
WASHINGTON – While courts have long given deference to federal agencies’ reasonable interpretations of statutes under Chevron USA v. NRDC, the justices of the U.S. Supreme Court wrestled with the open question of whether Chevron deference extends to an agency’s determination of its own statutory jurisdiction.
The U.S. Supreme Court has agreed to decide whether a court should give Chevron deference to an agency’s interpretation of its own jurisdiction.
A defendant in a consumer lawsuit should have had the opportunity to show that the amount in controversy was sufficient for removal under the Class Action Fairness Act, the 10th Circuit has ruled in reversing a remand order.
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.
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?
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.