Adams V. Alliant Techsystems, Inc
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
District of Columbia Statehood and Voting Representation
Updated June 29, 2020 District of Columbia Statehood and Voting Representation On June 26, 2020, the U.S. House of Representatives have included full statehood or more limited methods of considered and passed the Washington, D.C. Admission providing DC residents the ability to vote in congressional Act, H.R. 51. This marked the first time in 27 years a elections. Some Members of Congress have opposed these District of Columbia (DC) statehood bill was considered on legislative efforts and recommended maintaining the status the floor of the House of Representatives, and the first time quo. Past legislative proposals have generally aligned with in the history of Congress a DC statehood bill was passed one of the following five options: by either the House or the Senate. 1. a constitutional amendment to give DC residents voting representation in This In Focus discusses the political status of DC, identifies Congress; concerns regarding DC representation, describes selected issues in the statehood process, and outlines some recent 2. retrocession of the District of Columbia DC statehood or voting representation bills. It does not to Maryland; provide legal or constitutional analysis on DC statehood or 3. semi-retrocession (i.e., allowing qualified voting representation. It does not address territorial DC residents to vote in Maryland in statehood issues. For information and analysis on these and federal elections for the Maryland other issues, please refer to the CRS products listed in the congressional delegation to the House and final section. Senate); 4. statehood for the District of Columbia; District of Columbia and When ratified in 1788, the U.S. -
Order Blocking Removal from Federal Court Back to State Court
Case 2:13-cv-05410-NJB-DEK Document 363 Filed 06/27/14 Page 1 of 83 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA BOARD OF COMMISSIONERS OF THE CIVIL ACTION SOUTHEAST LOUISIANA FLOOD PROTECTION AUTHORITY – EAST VERSUS CASE NO. 13-5410 TENNESSEE GAS PIPELINE COMPANY, LLC et al SECTION: “G” (3) ORDER AND REASONS In this litigation, Plaintiff Board of Commissioners of the Southeast Louisiana Flood Protection Authority—East (“Plaintiff”) seeks damages and injunctive relief against ninety-two oil and gas companies whose actions have allegedly caused erosion of coastal lands, leaving south Louisiana increasingly exposed to tropical storms and hurricanes. Plaintiff originally filed suit in Civil District Court for the Parish of Orleans, but Defendants removed the matter to this federal Court. Now pending before the Court is Plaintiff’s “Motion to Remand.”1 Having considered the motion, the memoranda in support, the memoranda in opposition, the statements at oral argument, Plaintiff’s petition, the notice of removal, and the applicable law, the Court will deny the motion. Because the Court’s specific basis for jurisdiction has the potential to reverberate throughout a number of other considerations in this litigation—particularly, Plaintiff’s entitlement, if any, to a jury trial, and choice of law questions—the Court has examined all five bases of jurisdiction raised in Defendants’ Notice of Removal. 1 Rec. Doc. 70. Case 2:13-cv-05410-NJB-DEK Document 363 Filed 06/27/14 Page 2 of 83 I. Background A. Factual Background Plaintiff in -
Idaho Tribal-State Court Bench Book (2014)
IDAHO TRIBAL-STATE COURT BENCH BOOK 2014 EDITION I. Purpose .................................................................................................................................................. 3 II. Tribal Courts and State Courts in Idaho ................................................................................................ 3 A. Tribal Courts Overview (Alphabetically) ........................................................................................... 3 The Coeur d’Alene Tribal Court ......................................................................................................... 3 The Kootenai Tribal Court ................................................................................................................. 4 The Nez Perce Tribal Court ............................................................................................................... 5 The Shoshone-Bannock Tribal Court ................................................................................................. 5 The Shoshone-Paiute Tribal Court .................................................................................................... 6 B. State Courts Overview ...................................................................................................................... 7 III. Civil Jurisdiction Involving Tribal Lands ................................................................................................ 8 A. Land Status of Tribal Nations in Idaho ............................................................................................. -
Personal Jurisdiction and Aggregation Scott Od Dson UC Hastings College of the Law, [email protected]
University of California, Hastings College of the Law UC Hastings Scholarship Repository Faculty Scholarship 2018 Personal Jurisdiction and Aggregation Scott oD dson UC Hastings College of the Law, [email protected] Follow this and additional works at: https://repository.uchastings.edu/faculty_scholarship Recommended Citation Scott odD son, Personal Jurisdiction and Aggregation, 113 Nw. U. L. Rev. 1 (2018). Available at: https://repository.uchastings.edu/faculty_scholarship/1676 This Article is brought to you for free and open access by UC Hastings Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Copyright 2018 by Scott Dodson Printed in U.S.A. Vol. 113, No. I Articles PERSONAL JURISDICTION AND AGGREGATION Scott Dodson ABSTRACT-Aggregation-the ability to join parties or claims in a federal civil lawsuit-has usually been governed by subject matter jurisdiction, claim and issue preclusion, and the joinder rules. These doctrines have tended to favor aggregation for its efficiency, consistency, and predictability. Yet aggregation is suddenly under attack from a new threat, one that has little to do with aggregation directly: personal jurisdiction. In this Article, I chronicle how a recent restrictive turn in personal jurisdiction-seen in modern cases narrowing general jurisdiction and October Term 2016's blockbuster case Bristol-Myers Squibb-threatens the salutary benefits of aggregation across a number of areas, including simple joinder of parties and claims, representative actions, and multidistrict litigation. I offer a solution for preserving aggregation's advantages in the face of this trend in personal jurisdiction: authorize a broader scope of personal jurisdiction in federal court for multiparty and multiclaim cases. -
United States District Court for the District of Rhode Island
Case 1:18-cv-00395-WES-LDA Document 87 Filed 09/14/18 Page 1 of 94 PageID #: 1186 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND STATE OF RHODE ISLAND, ) Plaintiff, ) ) v. ) C.A. No. 18-cv-00395-WES-LDA ) CHEVRON CORP.; ) DEFENDANTS’ OPPOSITION TO CHEVRON USA, INC.; ) PLAINTIFF’S MOTION TO EXXONMOBIL CORP.; ) REMAND TO STATE COURT BP, PLC; ) BP AMERICA, INC.; ) [Removal from the Providence BP PRODUCTS NORTH AMERICA, INC.; ) Superior Court of Rhode Island, C.A. ROYAL DUTCH SHELL, PLC; ) No. PC-2018-4716] MOTIVA ENTERPRISES, LLC; ) SHELL OIL PRODUCTS COMPANY, ) Action Filed: July 2, 2018 LLC; ) CITGO PETROLEUM CORP.; ) CONOCOPHILLIPS; ) CONOCOPHILLIPS COMPANY; ) PHILLIPS 66; ) MARATHON OIL COMPANY; ) MARATHON OIL CORPORATION; ) MARATHON PETROLEUM CORP.; ) MARATHON PETROLEUM COMPANY, ) LP; ) SPEEDWAY, LLC; ) HESS CORP.; ) LUKOIL PAN AMERICAS, LLC; ) GETTY PETROLEUM MARKETING, ) INC.; AND DOES 1 through 100, inclusive ) ) Defendants. ) ) Case 1:18-cv-00395-WES-LDA Document 87 Filed 09/14/18 Page 2 of 94 PageID #: 1187 TABLE OF CONTENTS Page I. INTRODUCTION .............................................................................................................. 1 II. LEGAL STANDARD ......................................................................................................... 6 III. ARGUMENT ...................................................................................................................... 9 A. Plaintiff’s Claims Arise, If at All, Under Federal Common Law ..........................................9 -
Minimum Contacts in Cyberspace: the Classic Jurisdiction Analysis in a New Setting
Minimum Contacts in Cyberspace: The Classic Jurisdiction Analysis in a New Setting Tricia Leigh Gray I. INTRODUCTION Because no special law yet exits to address jurisdiction issues on the Internet, courts have been forced to apply traditional analyses of jurisdiction to cases in this new environment. Our traditional notions of jurisdiction have made a relatively smooth transition into cyberspace. Historically, jurisdictional requirements have centered on the locus and the activity of the parties as a means of determining which state’s law to apply.1 With the advent of the Internet and the new frontier of cyberspace, established ideas about where and how interactions take place must be re-considered in this unconventional, on- line environment. These sorts of issues affect a court’s jurisdiction over parties interacting in cyberspace. Surprisingly, our conventional notions of jurisdiction have adapted well to this new cyber-environment. This is illustrated by the report of the American Bar Association, which extends support to the minimum contacts analysis to determine jurisdiction over on-line parties.2 Cyberspace has expanded the arena for interactions of all sorts,3 and has provided another forum in which parties can reach out to each other from different locations, and possibly create the minimum contacts necessary for personal jurisdiction.4 Traditional principles of jurisdiction are adaptable to cyberspace because they consider the 1.See RICHARD D. FREER & WENDY COLLINS PERDUE, CIVIL PROCEDURE, CASES, MATERIALS AND QUESTIONS 70-71 (2d ed. 1997). The place of litigation is significant for several reasons. Id. at 70. First, parties want to avoid inconvenience. Id. -
The Opinion in US V. Gabrion
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 08a0111p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________ UNITED STATES OF AMERICA, X Plaintiff-Appellee, - - - Nos. 02-1386/1461/1570 v. - > , MARVIN CHARLES GABRION, II, - Defendant-Appellant. - N Appeal from the United States District Court for the Western District of Michigan at Grand Rapids. No. 99-00076—Robert Holmes Bell, Chief District Judge. Argued: February 28, 2007 Decided and Filed: March 14, 2008 Before: MERRITT, BATCHELDER, and MOORE, Circuit Judges. _________________ COUNSEL ARGUED: Judy C. Clarke, FEDERAL DEFENDERS OF SAN DIEGO, San Diego, California, Margaret S. O’Donnell, McNALLY & O’DONNELL, Frankfort, Kentucky, for Appellant. Joan E. Meyer, ASSISTANT UNITED STATES ATTORNEY, Grand Rapids, Michigan, for Appellee. ON BRIEF: Judy C. Clarke, FEDERAL DEFENDERS OF SAN DIEGO, San Diego, California, Margaret S. O’Donnell, Kevin M. McNally, McNALLY & O’DONNELL, Frankfort, Kentucky, for Appellant. Joan E. Meyer, ASSISTANT UNITED STATES ATTORNEY, Grand Rapids, Michigan, for Appellee. BATCHELDER, J., delivered the opinion of the court. MOORE, J. (pp. 16-32), delivered a separate opinion concurring in the judgment. MERRITT, J. (pp. 33-42), delivered a separate dissenting opinion. _________________ OPINION _________________ ALICE M. BATCHELDER, Circuit Judge. In this appeal from a federal criminal conviction, we are confronted with the precursory issue of whether a district court has subject matter jurisdiction over a criminal prosecution for murder — the federal statute for which predicates subject matter jurisdiction on the murder’s having been committed on certain federal property — when the property in question is within the national forest. -
Regional Public Hearing Transcript
1 1 THE UNITED STATES SENTENCING COMMISSION 2 PUBLIC HEARING 3 4 5 Tuesday, October 20, 2009 6 7 The public hearing convened in the Mineral 8 Room at the Hyatt Regency Denver at Colorado Convention 9 Center, 650 - 15th Street, Denver, Colorado, at 10 8:38 a.m., the Hon. Ricardo H. Hinojosa, Acting Chair, 11 presiding. 12 13 COMMISSIONERS PRESENT: 14 Acting Chair: Judge Ricardo H. Hinojosa 15 Vice Chair: William B. Carr, Jr. Judge Ruben Castillo 16 Judge William K. Sessions III 17 Commissioners: Dabney Friedrich Beryl A. Howell 18 Jonathan J. Wroblewski 19 20 STAFF PRESENT: 21 Judith W. Sheon, Staff Director 22 Brent Newton, Deputy Staff Director 23 24 25 2 1 I N D E X 2 Page 3 OPENING REMARKS Honorable Ricardo H. Hinojosa 3 4 5 VIEW FROM THE APPELLATE BENCH Honorable Deanell Reece Tacha 15 6 Honorable Harris Hartz 24 Honorable James B. Loken 30 7 8 VIEW FROM THE DISTRICT COURT BENCH Honorable John Thomas Marten 62 9 Honorable John L. Kane 69 10 VIEW FROM THE PROBATION OFFICE 11 Kevin Lowry 96 Ronald Schweer 110 12 13 VIEW FROM THE EXECUTIVE BRANCH B. Todd Jones 140 14 David M. Gaouette 159 15 COMMUNITY IMPACT 16 Diane Humetewa 190 Ernie Allen 206 17 Paul Cassell 215 18 October 21, 2009 19 RECONVENE AND OPENING REMARKS 256 20 VIEW FROM THE DISTRICT COURT BENCH 21 Honorable Robert W. Pratt 257 Honorable Fernando Gaitan, Jr. 261 22 Honorable Joan Ericksen 267 23 VIEW FROM THE DEFENSE BAR 24 Raymond P. Moore 313 Nick Drees 324 25 Thomas Telthorst 342 3 1 * * * * * * * * * * 2 ACTING CHAIR HINOJOSA: Good morning. -
Rule Interpleader, the Anti-Injunction Act, in Personam Jurisdiction, and M.C
Pace University DigitalCommons@Pace Pace Law Faculty Publications School of Law 1-1-1996 What's Wrong with This Picture?: Rule Interpleader, the Anti- Injunction Act, In Personam Jurisdiction, and M.C. Escher Donald L. Doernberg Elisabeth Haub School of Law at Pace University Follow this and additional works at: https://digitalcommons.pace.edu/lawfaculty Part of the Civil Procedure Commons, Jurisdiction Commons, and the Litigation Commons Recommended Citation Donald L. Doernberg, What's Wrong with This Picture?: Rule Interpleader, the Anti-Injunction Act, in Personam Jurisdiction, and M.C. Escher, 67 U. Colo. L. Rev. 551 (1996), http://digitalcommons.pace.edu/ lawfaculty/45/. This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Faculty Publications by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. WHAT'S WRONG WITH THIS PICTURE?: RULE INTERPLEADER, THE ANTI- INJUNCTION ACT, IN PERSONAIM JURISDICTION, AND M.C. ESCHER Plate 'Waterfall" O 1995 M.C. EscherICordon Art-Baarn-Holland. All rights reserved. Reprinted by permission. - At first glance, the picture above may seem unremarkable; the eye is apt to brush over the image uncritically, taking in the whole without focusing on the details. On closer examination, * Charles A. Frueauff Research Professor of Law, Pace University. B.A., Yale University; J.D.,Columbia University. Heinonline -- 67 U. Colo. L. Rev. 551 1996 552 UNIVERSITY OF COLORADO LAW REVIEW vol. 67 one notices that the structure is physically impossible, pleasing to the eye but not of the real world-unless, of course, there is some undiscovered place where water spontaneously recycles itself from the bottom of a waterfall to the top. -
Personal Jurisdiction in Illinois, Jenner & Block Practice Series 2020
J E N N E R & B L O C K Practice Series Personal Jurisdiction in Illinois Paul B. Rietema Skyler J. Silvertrust Maria C. Liu JENNER & BLOCK LLP OFFICES • 353 North Clark Street • 633 West Fifth Street, Suite 3500 Chicago, Illinois 60654-3456 Los Angeles, California 90071-2054 Firm: 312 222-9350 Firm: 213 239-5100 Fax: 312 527-0484 Fax: 213 239-5199 • 919 Third Avenue • 1099 New York Avenue, N.W., Suite 900 New York, New York 10022-3908 Washington, D.C. 20001-4412 Firm: 212 891-1600 Firm: 202 639-6000 Fax: 212 891-1699 Fax: 202 639-6066 • 25 Old Broad Street London EC2N 1HQ, United Kington Firm: 44 (0) 333 060-5400 Fax: 44 (0) 330 060-5499 Website: www.jenner.com AUTHOR INFORMATION1 • PAUL B. RIETEMA • SKYLER J. SILVERTRUST Partner Associate Tel: 312 840-7208 Tel: 312 840-7214 Fax: 312 840-7308 E-Mail: [email protected] E-Mail: [email protected] • MARIA C. LIU Associate Tel: 202 637-6371 E-Mail: [email protected] 1 The authors would like to thank Michael A. Doornweerd and A. Samad Pardesi for their substantial contributions to prior versions of this Practice Guide. © 2020 Jenner & Block LLP. Attorney Advertising. Jenner & Block is an Illinois Limited Liability Partnership including professional corporations. This publication is not intended to provide legal advice but to provide information on legal matters and firm news of interest to our clients and colleagues. Readers should seek specific legal advice before taking any action with respect to matters mentioned in this publication. The attorney responsible for this publication is Brent E. -
Lawyer Insights 4 Personal Jurisdiction Questions Defendants Should
Lawyer Insights 4 Personal Jurisdiction Questions Defendants Should Ask By Alexandra Cunningham and Elizabeth Reese Published in Law360 | May 13, 2020 Companies may find themselves sued in surprising locations, as novel theories associated with the COVID-19 pandemic unfold. Despite the U.S. Supreme Court's clear mandates restricting personal jurisdiction in Daimler AG v. Bauman and Bristol-Myers Squibb Co. v. Superior Court, plaintiffs still "forum shop" for jurisdictions with weak procedural safeguards and low expert admissibility standards — the perfect breeding grounds for questionable claims. Leveraging arguments that challenge the way courts have thought about personal jurisdiction for decades can help companies level the playing field, and escape lawsuits in plaintiffs' preferred forums. Below, we offer four questions to ask when you find yourself litigating a case in a jurisdiction where it does not belong. Are the jurisdictional allegations plausible? In the wake of Daimler and Bristol-Myers, plaintiffs' jurisdictional allegations have become more creative, but in many cases less plausible. While sanctions may be available for the most egregious claims, courts generally allow leeway for jurisdictional theories that may be novel but fall short of sanctionable. This is especially true when the merits are intertwined with the jurisdictional question, making courts reluctant to dispose of the claim without discovery. A plausibility challenge offers a possible solution. Federal district courts in at least five different circuits have held that personal jurisdiction must be plausibly pled under Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal.1 To pass muster, plaintiffs must do more than parrot the language of a long-arm statute — they must provide actual substance. -
Can Use of 1655 Coexist with Federal Interpleader Law Thomas C
Cornell International Law Journal Volume 21 Article 7 Issue 2 Summer 1988 Jurisdictional Reach for Interpleading Aliens: Can Use of 1655 Coexist with Federal Interpleader Law Thomas C. Morrill Follow this and additional works at: http://scholarship.law.cornell.edu/cilj Part of the Law Commons Recommended Citation Morrill, Thomas C. (1988) "Jurisdictional Reach for Interpleading Aliens: Can Use of 1655 Coexist with Federal Interpleader Law," Cornell International Law Journal: Vol. 21: Iss. 2, Article 7. Available at: http://scholarship.law.cornell.edu/cilj/vol21/iss2/7 This Note is brought to you for free and open access by Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell International Law Journal by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. Jurisdictional Reach For Interpleading Aliens: Can Use Of § 1655 Coexist With Federal Interpleader Law? In Bache Halsey Stuart Shields, Inc. v. Garmaise,1 an American investment firm commenced an interpleader action 2 in order to resolve a dispute over various trust accounts in its possession. However, some of the par- ties disputing the distribution of the trust accounts were citizens of for- eign countries who refused to submit to the jurisdiction of the American court. 3 These foreign claimants argued that the interpleader action was in personam and, therefore, could not proceed unless they were person- ally served within the United States.4 The district court disagreed, hold- 1. 519 F. Supp. 682 (S.D.N.Y. 1981). 2. An interpleader action allows a party to avoid multiple claims in the face of a single liability.