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Calif. attorney, clients can’t be sued in Kansas (access required)

Published: April 3, 2012

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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 (access required)

By: Kimberly Atkins
Published: March 26, 2012

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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 (access required)

By: David Frank
Published: February 17, 2012

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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 (access required)

Published: February 17, 2012

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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 (access required)

Published: February 14, 2012

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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 (access required)

Published: January 26, 2012

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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 (access required)

Published: January 26, 2012

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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 (access required)

Published: January 25, 2012

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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 (access required)

Published: January 18, 2012

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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 (access required)

Published: January 13, 2012

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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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