News & Analysis as of

Appeals State and Local Government Jurisdiction

Oliva Gibbs

Get back in your lane: North Dakota Supreme Court limits NDIC’s adjudicatory authority over saltwater gathering disputes

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In a rare rebuke of the North Dakota Industrial Commission (“NDIC”), the Supreme Court held that saltwater gathering is a post-production cost — and that the NDIC lacks authority to adjudicate disputes over such costs between...more

Brownstein Hyatt Farber Schreck

Recent State Enforcement Actions Take Aim at Sports-Based Event Contracts

In recent months, numerous online commodity trading markets have begun to offer sports-based event contracts concerning the outcome of various sporting events. These event contracts—which are a type of derivative...more

Harris Beach Murtha PLLC

Plaintiffs Cannot Defeat Federal Removal Jurisdiction by Artful Pleading

The allegations of a plaintiff’s complaint do not control when evaluating removal under the federal officer removal statute, 28 U.S.C. § 1442(a)(1), and instead the court must credit the defendant’s theory of the case when...more

Fox Rothschild LLP

NC Supreme Court Cleans Up Rules on Dissent-Based Appeals

Fox Rothschild LLP on

For many moons, North Carolina was one of the few jurisdictions in which the losing party at the Court of Appeals could pursue an appeal as of right to the Supreme Court if the party managed to snag a dissenting opinion from...more

Mayer Brown

Six Months of the Texas Business Court: Looking Back as Court of Appeals Weighs in on Jurisdiction

Mayer Brown on

Since opening its doors on September 1, 2024, the Texas Business Court has seen 86 cases1 cross the docket of its five active divisions,2 with the scope of the court’s jurisdiction being a common—and hotly contested—issue. In...more

Bradley Arant Boult Cummings LLP

Alabama Appellate Court Appears Poised to Deliver Big Win for Cannabis Commission

Longtime readers of Budding Trends (and there are dozens of you) know that I have been saying over and over recently that – as counterintuitive as it may sound – the fastest way to get Alabama’s medical cannabis program...more

Patton Sullivan Brodehl LLP

The Hoops and Hurdles of Bringing Claims Against Local Governmental Entities

The path to bringing claims against local governmental entities, such as cities and counties, is one filled with obstacles that can deliver a fatal blow to the uninformed claimant’s claim. The creation of California’s...more

Perkins Coie

Denial of Affordable Housing Project Violated Both Streamlining Statute and Housing Accountability Act

Perkins Coie on

A trial court had jurisdiction to find that a denial of a permit application violated the Housing Accountability Act (HAA) on remand, even though the Court of Appeal did not expressly instruct the trial court to address the...more

Butler Snow LLP

Even Equity Has Limits: What a Reversal of Florida Fortunes for Former President Trump Means for Civil Litigants in Tennessee

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*A recent federal appeals court’s decision to reverse the stoppage of a criminal investigation in Florida has implications for civil litigants in Tennessee.* On December 1, 2022, the U.S. Court of Appeals for the Eleventh...more

Woods Rogers

Civil Interlocutory Appeals In Virginia

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While most appeals do not occur until after a final order is issued by the circuit court, there are instances when an issue is so pressing that an appellate court will resolve it before the case proceeds to final judgment in...more

Butler Weihmuller Katz Craig LLP

Floridians will soon experience swifter justice: Come January 1, 2023, Florida will get a Sixth District Court of Appeal

In an attempt to improve the judicial process, the Florida Supreme Court recommended in November 2021 the addition of a sixth district court of appeal. The court’s recommendation was the result of the work done by the...more

Pillsbury Winthrop Shaw Pittman LLP

Sixth and Eighth Circuits Confirm the Broad Applicability of the Price-Anderson Nuclear Industries Indemnity Act

Recent federal court decisions in the Sixth and Eighth circuits affirm holdings in other circuits - The Sixth Circuit, in Matthews v. Centrus Energy Corporation, affirmed that the Price-Anderson Act broadly preempts state...more

McGuireWoods LLP

Big Changes Ahead for Civil Appeals in Virginia

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Following the Virginia General Assembly’s 2021 special session, Gov. Ralph Northam signed into law Senate Bill 1261. This law, which goes into effect Jan. 1, 2022, will significantly change the appellate landscape in Virginia...more

Lowndes

Recent Changes to Florida Appellate Rules of Procedure

Lowndes on

In January 2020, the Florida Supreme Court adopted three subtle, but significant changes to the Florida Rules of Appellate Procedure: Rule 9.130(a)(3)(C) was amended to clarify language regarding nonfinal orders denying...more

Rumberger | Kirk

Increased Jurisdictional Limit and New Appellate Right within Florida's County Courts

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Florida’s trial court system is divided into two tiers, the county courts and the circuit courts. For most civil cases, the dividing line between county and circuit court is the amount in controversy, with a $15,000 limit for...more

Seyfarth Shaw LLP

New Jersey Court Expands Coverage: New Jersey Law Against Discrimination May Apply to Telecommuter Located in Massachusetts

Seyfarth Shaw LLP on

Seyfarth Synopsis: On April 2, 2018, the New Jersey Appellate Division reversed an order granting summary judgment to Defendant Legal Cost Control, Inc., finding that New Jersey’s Law Against Discrimination (LAD) may apply to...more

Fox Rothschild LLP

Florida Legislature Proposes Raising County Court Jurisdictional Limits

Fox Rothschild LLP on

Florida House Bill 7061 and Florida Senate Bill 1384 propose to raise the jurisdictional amount in controversy limit for county courts from $15,000 to $50,000. Not only does this change expand county court jurisdiction at the...more

Dickinson Wright

Jurisdictional vs Nonjurisdictional Appeal Filing Deadlines

Dickinson Wright on

Most of us think of appeal filing deadlines as absolute. That certainly is the case under the Michigan Court Rules. But as demonstrated by a recent decision from the United States Supreme Court, Hamer v Neighborhood Housing...more

Nossaman LLP

Fourth Circuit Joins Three Others in Determining that the Federal Courts Have Concurrent Jurisdiction over ICCTA Claims

Nossaman LLP on

On November 16, 2017, the United States Court of Appeals for the Fourth Circuit determined that claims arising from the Interstate Commerce Commission Termination Act (“ICCTA”) can be litigated in the federal courts or at the...more

Best Best & Krieger LLP

Billboards in Unincorporated Areas of California Subject to City, County Regulations

Many of California’s roadways are littered with advertising. A question regarding oversight of roadside billboards, however, has long remained: Does the state have ultimate control or can municipalities weigh in on...more

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