All articles tagged with #jurisdiction
A judge ruled that fired Assistant U.S. Attorney Maurene Comey’s lawsuit belongs in federal court, determining the case should proceed under federal jurisdiction rather than in state court and potentially altering its timeline.
The Supreme Court, in an 8-0 ruling on a procedural issue, allows oil and gas defendants like Chevron/Texaco to move a Louisiana coastal-erosion case from state court to federal court, part of a broader effort to shift dozens of long-running lawsuits that accuse them of wetlands destruction; a Plaquemines Parish jury previously ordered about $740 million for cleanup, while Louisiana warns of massive ongoing land loss linked to coastal infrastructure; the decision concerns forum, not merits, and Justice Alito recused.
BBC asks a Florida court to dismiss Donald Trump’s defamation lawsuit over a Panorama edit, arguing the programme never aired in the United States and the court lacks personal jurisdiction; Trump says the edited clip falsely suggested he urged supporters to storm the Capitol on Jan 6, 2021, while the BBC maintains there was no malice and that the documentary wasn’t distributed in North America, despite licensing and VPN access questions; last month a Florida judge rejected the BBC’s request to delay discovery, Trump has about two weeks to respond to the motion, and a potential 2027 trial date could be set if the case proceeds.
A Boston federal judge dismissed Any Lucia Lopez Balloza’s deportation lawsuit for lack of jurisdiction; her attorney vows an appeal and has broadened his team, while Lopez Balloza declined a U.S. return to avoid detention and disruption to her studies. The case was filed in Boston after authorities wouldn’t disclose her location following her detainment by ICE.
Shannen Doherty’s estate is moving to enforce the divorce settlement with ex-husband Kurt Iswarienko, four months after Doherty’s death, while Iswarienko argues the proceeding should not stand in the court that handled the agreement because her death ended the marriage. The estate alleges Iswarienko failed to list a Texas property for sale, withheld about $50,000, and did not return Doherty’s belongings, and it seeks lists of works and licensing rights and other obligations described in the settlement, including removal of Doherty’s photos from his site.
The BBC will ask a Florida court to dismiss Donald Trump's multi‑billion-dollar defamation lawsuit over a Panorama edit, arguing lack of personal jurisdiction, improper venue, and failure to state a claim, with the programme allegedly aired abroad and not defaming Trump or causing proven harm; a trial could be set for 2027 if the case continues.
Blake Lively's lawsuit against PR specialist Jed Wallace, accused of aiding Justin Baldoni's alleged smear campaign, has been dismissed due to lack of jurisdiction, as Wallace is based in Texas and the case was filed in New York. Lively may need to amend her complaint or pursue the case elsewhere.
The U.S. Supreme Court unanimously reinstated lawsuits against the PLO and PA for terrorist attacks, ruling that a 2019 law expanding U.S. courts' jurisdiction over such cases does not violate due process, emphasizing the narrow scope of the law and its alignment with foreign policy interests.
A U.S. District Court judge dismissed California's lawsuit challenging President Trump's tariffs, ruling that the case belongs in the U.S. Court of International Trade, but allowed California to appeal the decision, marking a procedural setback for the state in contesting the tariffs.
The International Criminal Court (ICC) can prosecute leaders of non-member states like Israel if alleged crimes occur in territories of member states or if the United Nations Security Council refers a situation to the ICC. This jurisdictional reach allows the ICC to investigate potential war crimes or crimes against humanity committed in Palestinian territories, which are recognized by the ICC as a member state.
A Clark County judge dismissed charges against six Nevada Republicans who submitted a false slate of electoral votes for Donald Trump in 2020, citing lack of jurisdiction. The judge ruled that the case should be heard in Carson City or Douglas County, where the alleged crimes occurred. Nevada Attorney General Aaron Ford plans to appeal the decision to the state Supreme Court.
The US Court of Appeals for the Fifth Circuit is facing challenges as parties attempt to move high-profile cases out of its jurisdiction, prompting concerns about judge shopping. The circuit is considering requests to block the transfer of cases involving the Consumer Financial Protection Bureau and Elon Musk's SpaceX. Legal experts note that the bar for an appeals court to reverse a transfer order is high, and the circuit's recent actions may give the impression that it is trying to retain major cases within its jurisdiction. The venue issue has become more visible, with attorneys aggressively pushing for transfers out of the Fifth Circuit. The court's handling of these cases has raised concerns about the message it is sending and the potential impact on future litigation.
A federal judge in Texas dismissed a lawsuit brought by pharmaceutical trade group PhRMA, arguing that forcing drug makers to negotiate Medicare drug prices is unconstitutional, ruling that the court lacks jurisdiction. The lawsuit is one of nine from the pharmaceutical industry challenging the price negotiations outlined in the Inflation Reduction Act of 2022. The judge's decision is a small win for the Biden administration, which is defending the negotiations on multiple fronts.
Senator Ted Cruz criticizes a provision in the bipartisan Senate immigration and foreign aid bill that would centralize authority in Washington, D.C., preventing Texas from challenging its provisions in local courts. Cruz argues that this would likely lead to Texas losing cases due to an abundance of liberal judges in D.C. The bill also includes additional funding for border control and military aid to Ukraine, but faces opposition from Republicans in the House and is deemed unlikely to pass into law.
The University of Illinois has successfully moved Terrence Shannon Jr.'s lawsuit to federal court, with an initial hearing scheduled for January 12. The university's legal filing cited federal jurisdiction based on Shannon's claims of due process under Title IX, prompting the move from Champaign County court to the U.S. District Court for the Central District of Illinois. Shannon's team of attorneys has yet to respond to this latest development.