Subject-Matter Jurisdiction of the Courts
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Conflict of Laws. Jurisdiction of the Subject-Matter. Collateral Attack
RECENT CASES Conflict of Laws-Jurisdiction of the Subject-Matter-Collateral Attack-[Fed- eral].-The plaintiff sued in an Illinois court to collect on bonds which had been guar- anteed by the defendant. In a previous bankruptcy proceeding a federal court con- firmed a reorganization plan providing for a cancellation of the defendant's guarantee of the bonds. While the state action was pending, the plaintiff petitioned the federal court to modify its decree on the ground that it had no power to release the guarantor under the Bankruptcy Act. The petition was denied and no appeal was taken. Sub- sequently the defendant pleaded the decree of the federal court as a bar in the state action. The Supreme Court of Illinois affirmed judgment for the plaintiff. On cer- tiorari to the Supreme Court, held, reversed. A court's adjudication of its jurisdiction over the sub~ect inatter, where the issue has been contested, is resjudicatain a subse- quent action. Stoll v. Gottlieb.x Previous decisions have established that a court's judgment as to its jurisdiction over the person, where actually contested, may be resjudicataand impregnable to col- lateral attack.2 Whether or not the same results would be reached in the case of decisions on jurisdiction of the subject-matter, which present more acute theoretical difficulties, has been doubtful until the instant decision.3 In extending the doctrine of res judicata to controversies over jurisdiction of the subject-matter, which have been contested,4 the Supreme Court has taken another step in overruling the classical dogma that jurisdictional questions are always open to collateral inquiry. -
Rule 6 Criminal Cases
RULE 6 CRIMINAL CASES RULE 6.10 Felony and Misdemeanor Cases No Local Rules under this subdivision. RULE 6.10-A Grand Jury No Local Rules under this subdivision. RULE 6.11 Filings/Return of Information Assignment of Cases after Information The following rules shall govern the assignment of misdemeanor cases and other matters within the jurisdiction of the County Courts at Law in Fort Bend County, Texas: (A) All misdemeanor proceedings presented to the County Clerk for filing shall be assigned by the County Clerk on a random basis to the County Courts at Law by mean of a blind filing process which provides for the equal distribution of new cases in such a manner that it cannot be determined to which court a case will be assigned until after said court assignment. Except as otherwise provided in these Rules, the County Clerk shall randomly assign every criminal case filed by information with uneven numbered cases being assigned to County Court at Law No. 1 and even numbered cases being assigned to County Court at Law No. 2. (B) After refiling and docketing of misdemeanor information into the County Courts at Law, the County Clerk will determine by research [based upon information provided by the District Attorney at the time of filing the information] whether the defendant named in the misdemeanor information has a prior connection to an existing case in any of the County Courts at Law. Such prior connection is defined as: (1) defendant has been accorded misdemeanor probation in one of the County Courts at Law and the probation has not -
In the United States District Court Northern District of Texas Dallas Division
Case 3:16-cv-01694-M-BN Document 22 Filed 09/12/16 Page 1 of 24 PageID <pageID> IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION PAUL SHUNATONA, § § Plaintiff, § § V. § No. 3:16-cv-1694-M-BN § WELLS FARGO BANK, NATIONAL § ASSOCIATION, § § Defendant. § FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE This case has been referred to the undersigned United States magistrate judge for pretrial management pursuant to 28 U.S.C. § 636(b) and a standing order of reference from Chief Judge Barbara M. G. Lynn. Plaintiff Paul Shunatona (“Shunatona” or “Plaintiff”) has filed a combined Motions for Leave to Amend, Dismiss Claim, Enter Stipulation, Abate and Vacate Orders, and Remand to State Court. See Dkt. No. 15. Defendants Wells Fargo Bank, National Association (“Wells Fargo” or “Defendant”), filed a response, see Dkt. No. 20, and Shunatona filed a reply, see Dkt. No. 21. The undersigned issues the following findings of fact, conclusions of law, and recommendation that the Court grant the Motions for Leave to Amend, Dismiss Claim, and Enter Stipulation and deny the Motions to Abate and Vacate Orders and Remand to State Court. -1- Case 3:16-cv-01694-M-BN Document 22 Filed 09/12/16 Page 2 of 24 PageID <pageID> Background Shunatona filed this case against Wells Fargo in Dallas County state court on May 16, 2016. See Dkt. No. 1-5. Plaintiff’s Original Petition and Request for Disclosure alleges two counts against Wells Fargo and seeks to set aside the foreclosure of – and quiet title in Shunatona’s name to – real property located at 11215 Sesame Street, Dallas, Texas 75288 (the “Property”) as well as to affirm Shunatona’s ownership of certain funds currently held by the Texas Comptroller and award damages to Shunatona. -
Guide to Jurisdiction in OSHA, Region 10 Version 2018.2
Guide to Jurisdiction in OSHA, Region 10 Version 2018.2 General Principles - Federal civilian employers are covered by OSHA throughout the four-state region. State, county, municipal and other non-federal public employers (except tribal government employers) are covered by state programs in Washington, Oregon, and Alaska. There is no state program in Idaho, and OSHA’s coverage of public employers in Idaho is limited to the federal sector. OSHA regulates most private employers in Idaho with exceptions noted below. Industry / Location State Coverage OSHA Coverage Air Carriers1 Washington, Oregon and Alaska: Air Washington, Oregon and Alaska: carrier operations on the ground only. Aircraft cabin crewmembers’ exposures to only hazardous chemicals (HAZCOM), bloodborne pathogens, noise, recordkeeping, and access to employee exposure and medical records. Idaho: Air carrier operations on the ground. Aircraft cabin crewmembers’ exposures to only hazardous chemicals (HAZCOM), bloodborne pathogens, noise, recordkeeping, and access to employee exposure and medical records. Commercial Diving Washington, Oregon and Alaska: Washington, Oregon, and Alaska: Employers with diving operations staged Employers with diving operations from shore, piers, docks or other fixed staged from boats or other vessels afloat locations. on navigable waters 2. Idaho: All diving operations for covered employers. 1 The term “air carrier refers to private employers engaged in air transportation of passengers and/or cargo. The term “aircraft cabin crew member” refers to employees working in the cabin during flight such as flight attendants or medical staff; however, the term does not include pilots. 2 In the state of Washington, for vessels afloat, such as boats, ships and barges moored at a pier or dock, DOSH’s jurisdiction ends at the edge of the dock or pier and OSHA’s jurisdiction begins at the foot of the gangway or other means of access to the vessel; this principle applies to all situations involving moored vessels, including construction, longshoring, and ship repair. -
A Guide to Civil Lawsuits in the United States District Court for the District of Colorado
Civil Lawsuit Guide – Eff. Jan. 1, 2020 A Guide to Civil Lawsuits in the United States District Court for the District of Colorado Disclaimer: The contents of this guide are provided for informational purposes only and do not constitute legal advice. 1 | Page Civil Lawsuit Guide – Eff. Jan. 1, 2020 Welcome. The judges and staff of the United States District Court for the District of Colorado welcome you, for whatever reason brings you to the federal trial court for Colorado – whether you are a participant in a lawsuit, have been called as a witness in a case, have been summoned as a juror, or are a supportive family member or friend and are visiting any of the courthouses of the District of Colorado. The court’s judicial officers, the staff of the court, members of the bar, and the court community share the same goals as those expressed by the late Chief Judge Alfred A. Arraj (after whom the newest federal courthouse in Denver is named) on the day of his taking the oath of office as the sixth U.S. District Judge for Colorado: “I embark on this new career with a sense of humility, but with a firm and steadfast resolution to administer justice punctually and impartially without regard to the race, the creed or the station in life of the litigants who may appear in the court over which I may preside.” TABLE OF CONTENTS Part 1 - Introduction – Is this Guide for You? .......................................................... 3 Part 2 - Before you File your Lawsuit: Things to Know. ........................................ 7 Part 3 - How to Start Your Lawsuit. -
In the United States District Court Northern District of Texas Dallas Division
Case 3:05-cv-00427-L Document 12 Filed 08/05/05 Page 1 of 6 PageID 136 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION CHRISTOPHER J. BLINCOE, § § Plaintiff, § § v. § Civil Action No. 3:05-CV-0427-L § F. EARL BLINCOE AND HELEN BLINCOE § FAMILY, L.P., § § Defendant. § MEMORANDUM OPINION AND ORDER Before the court are Plaintiff’s Motion to Remand, filed April 1, 2005. After careful consideration of the motion, response, record, and applicable law, the court denies Plaintiff’s Motion to Remand.1 Also before the court is Defendant’s Suggestion of Bankruptcy, filed May 18, 2005. Having received notice from Defendant’s counsel on July 27, 2005 that Defendant’s Suggestion of Bankruptcy is now moot, the court denies as moot Defendant’s Suggestion of Bankruptcy. I. Factual and Procedural Background This is a declaratory judgment action brought by Plaintiff Christopher J. Blincoe (hereinafter, “Plaintiff” or “Blincoe”) challenging the validity of a lis pendens, and seeking to quiet title, with regard to a parcel of real property located at 1908 Duncanville Road in Dallas County, Texas (hereinafter, the “property”). On November 7, 2003, F. Earl Blincoe and Helen Blincoe Family, L.P. (hereinafter, “Defendant” or “FLP”) filed suit against Christopher J. Blincoe in California state court seeking to recover an unpaid debt in excess of $640,000 (hereinafter, the “California Action”). See Def. Notice of Rem. at Exh. 3-A. In the California Action, FLP alleges breach of contract, default 1Plaintiff did not file a reply to Defendant’s Response and Opposition to Plaintiff’s Motion to Remand. -
The United States Supreme Court Limits Non-Domicile Jurisdiction Over Foreign Companies
The United States Supreme Court Limits Non-Domicile Jurisdiction over Foreign Companies By Scott J. Hymani and Erin S. Kubotaii The inevitable risk of doing business in the United States is that one day your company may be sued. The question is: but where? Our system of federalism unfortunately suggests that where a company might be sued can be outcome determinative of the result of the case. Accordingly, foreign companies doing business in the United States have faced forum-shopping plaintiffs hailing them into Court in a state where they do business, but where neither the plaintiff nor the wrong have any nexus to the forum state. The United States Supreme Court recently put a stop to such forum-shopping Plaintiffs in Bristol-Myers Squibb Company v. Superior Court of California, 582 U.S. ___ (June 19, 2017) (“Bristol-Myers”), and clarified where a foreign business may by subject to suit. First, a brief primer on personal jurisdiction and our system of federalism is warranted. The 14th Amendment of the United States’ Constitution limits the extent to which State courts can exercise personal jurisdiction over a defendant. Personal jurisdiction is necessary in order for a State court to exercise legal authority over a party and to render a valid judgment. The defendant’s relationship to and activity in a forum State determines whether a State can exercise personal jurisdiction over a defendant. Obviously, a defendant who is domiciled in the State is subject to the State’s jurisdiction. This is called general jurisdiction. A business’s “domicile” is often regarded as its home, such as where it is incorporated or where it maintains its principal place of its business. -
Civil Rights Attorney's Fees Awards in Moot Cases
Civil Rights Attorney's Fees Awards in Moot Cases The Civil Rights Attorney's Fees Awards Act of 19761 (the "Act") authorizes an award of attorney's fees to the "prevailing party" in certain civil rights actions.2 The precise meaning of "pre- vailing party," left undefined by the Act, is the subject of much debate." A plaintiff' who has gained his desired relief through final Pub. L. No. 94-559, 90 Stat. 2641 (1976) (codified as amended at 42 U.S.C.A. § 1988 (West 1981)). 1 In any action or proceeding to enforce a provision of sections 1981, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92-318 [20 U.S.C. 1681 et seq.], . or title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs. 42 U.S.C.A. § 1988 (West 1981) (brackets in original). The Act also authorized fees awards in certain suits brought under the Internal Reve- nue Code. Civil Rights Attorney's Fees Awards Act of 1976, Pub. L. No. 94-559, § 2, 90 Stat. 2641, 2641 (currrent version at 42 U.S.C.A. § 1988 (West 1981)). That provision was re- pealed by the Equal Access to Justice Act, Pub. L. No. 96-481, § 205(c), 94 Stat. 2321, 2330 (1980). Few fees awards were made under section 1988 in tax cases, but the wider applicabil- ity of the new Act will allow more such awards. -
United States District Court Eastern District of New York U.S
Case 2:14-cv-07520-SJF-ARL Document 25 Filed 12/10/15 Page 1 of 8 PageID #: <pageID> FILED CLERK 12/10/2015 2:21 pm UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK U.S. DISTRICT COURT ----------------------------------------------------------X EASTERN DISTRICT OF NEW YORK HARTFORD LIFE INSURANCE COMPANY, LONG ISLAND OFFICE Plaintiff, ORDER -against- 14-CV-7520 (SJF)(ARL) SHATURA SIMONEE, STERLING SIMONEE, THE ESTATE OF SAUNDRA SIMONEE, and OYSTER BAY FUNERAL HOME, Defendants. ----------------------------------------------------------X FEUERSTEIN, J. Plaintiff, Hartford Life Insurance Company (“Hartford” or “Plaintiff”), has moved to interplead three (3) potential beneficiaries with competing rights to the proceeds of a life insurance and accidental death and dismemberment insurance policy and for attorneys’ fees. The motions are denied with leave to refile. I. BACKGROUND At the time of her death on September 27, 2013, Saundra Simonee (“Decedent”), a resident of New York, held a valid life insurance and accidental death and dismemberment insurance policy (the “Policy”) underwritten by Hartford and valued at $43,750.00 (the “Policy Benefits”). [DE 1 at ¶ 4; DE 22-1 at 1-3]. Hartford does not dispute its obligation to pay the Policy Benefits. [DE 22-1 at 1]. Decedent’s daughter, Shatura Simonee (“Shatura”), is the sole named beneficiary on the Policy; Decedent’s son, Sterling Simonee (“Sterling”), is not named. Id. Decedent was unmarried at the time of her death. Id. at 3. Case 2:14-cv-07520-SJF-ARL Document 25 Filed 12/10/15 Page 2 of 8 PageID #: <pageID> On October 16, 2013, Shatura asserted a claim to the Policy Benefits. -
Judge Emily A. Miskel
Judge Emily A. Miskel 470th Judicial District Court 2100 Bloomdale Road, 2nd Floor, McKinney, Texas 75071 T: (972) 548-5670 F: (972) 548-5674 E: [email protected] Minimum Standard Health Protocols for Court Proceedings Effective August 1, 2021 – October 1, 2021 Pursuant to the Supreme Court of Texas’s 40th Emergency Order Regarding the COVID-19 State of Disaster,1 this document contains the minimum standard health protocols for court proceedings and the public attending court proceedings that will be employed in all courtrooms and throughout all public areas of the court buildings.2 Collin County courts will follow the most current d health recommendations made by the Texas Department of State Health Services (DSHS). The current recommendations can be found at https://www.dshs.texas.gov/coronavirus/ These are the minimum standards that apply in all Collin County courts and court buildings. Each court has the authority to require additional protocols.3 If a court is requiring additional protocols, those protocols will be posted on each court’s public website: • List of District Court Websites - https://www.collincountytx.gov/district_courts/Pages/default.aspx • List of County Court at Law Websites – https://www.collincountytx.gov/county_court_law/Pages/default.aspx • List of Justice Court Websites - https://www.collincountytx.gov/justices_peace/Pages/default.aspx Social Distancing 1. Unvaccinated people are encouraged to practice social distancing, also called physical distancing, within the courthouse, including in elevators, restrooms, -
Courts at a Glance
Courts at a Glance For Everyone From Students to Seniors Published by Iowa Judicial Branch Branches of American Government Separation of Powers The governmental system of the United States uses separation of powers. This means that the government has separate branches that deal with different as- pects of governing. These three branches are the legislative, executive, and judicial branches. This system is in place for both the federal (national) and state governments. The legislative branch, which on the national level is the U.S. Congress, passes new laws. The executive branch, headed by the president, enforces laws. The judicial branch, headed by the U.S. Supreme Court, inter- prets laws. While each branch has its own duties, the other branches of govern- ment have some control over its actions. These interactions are called checks and balances. Checks and balances keep one branch of government from being much stronger than the others. See the diagram below for U.S. checks and balances. U.S. Checks & Balances Confirms or rejects appointments by executive (including judges) Can veto legislation Apppoints judges È È È È Legislative Executive Judicial Writes laws Enforces laws Interprets laws Ç Ç Can declare acts of the legislative or executive branch to be unconstitutional Role of the Judicial Branch Every state and the federal government have an independent judicial branch to interpret and apply state and federal laws to specific cases. By providing a place where people can go to resolve disputes according to law, through a fair process, and before a knowledgeable and neutral judge or jury, the judicial branch helps to maintain peace and order in society. -
Small Claims Court Procedures
SMALL CLAIMS COURT PROCEDURES The Rules of Judicial Ethics prohibits this office from giving legal advice or hearing your case without the presence of the defendant or plaintiff. If you need legal counseling, we highly recommend any licensed Texas attorney. Your first meeting with the attorney is usually (but not always) free because the lawyer is trying to determine if they can be of service to you. In a civil suit any CORPORATION MUST BE REPRESENTED BY AN ATTORNEY. REMEMBER, IT IS YOUR JOB TO PRESENT ANY EVIDENCE (RECEIPTS, JOURNALS, RECORDS, POLICE REPORTS, WITNESSES, ETC) TO PROVE YOUR CASE. IF YOU FAIL TO PROVE YOUR CASE IT CAN BE DISMISSED. If you have any LEGAL QUESTIONS, contact LEGAL AID AT (915)-585-5100. Small Claims Courts are courts in which parties can settle small money disputes in a speedy, informal setting. To ensure that Small Claims Courts can be used without the help of an attorney, the Legislature established less formal procedures for these courts. The purpose of this pamphlet is to help you understand the basic procedures in these courts, but is not intended to present complete coverage of them. A Small Claims Court is a judicial forum to hear and decide civil cases involving claims for MONEY ONLY, for $10,000 or less. The court cannot require a party to return, replace, or repair property; to do something; or, to refrain from doing something. For example, you could sue a car mechanic in Small Claims Court to get back money you paid for repairs that were not made.