McGirt Uncertainty Extends to Federal Environmental Regulations in Indian Country
Revisiting McGirt: New Legal Developments Challenge Oklahoma’s Landmark Ruling
The Immediate and Lasting Impacts of McGirt: A Novel Ruling for Oklahoma
Addressing whether a federal district court had jurisdiction over an action for declaratory relief that certain trade secrets and trademarks were invalid and not infringed, the US Court of Appeals for the Eighth Circuit...more
With six more decisions, the U.S. Supreme Court decided no fewer than 11 cases in two business days last week, following 12 others over the previous two weeks. In other words, summer vacation is upon us, as the Court’s...more
International comity has long sat at the center of U.S. foreign relations law, governing how U.S. courts approach conflicting foreign laws, foreign judgments, and abstention. However, evaluation of international comity...more
In a seminal opinion, the United States Supreme Court held that a case removed on federal question grounds is properly remanded when the plaintiff amends his or her complaint and dismisses the federal claims. What is the...more
Many defendants prefer federal court to state court. Accordingly, when sued in state court, they will remove whenever possible. This bulletin addresses a wrinkle in the law about when removal is possible....more
The US Court of Appeals for the Eighth Circuit affirmed a district court’s dismissal of a trade secret lawsuit against a consultant that allegedly failed to prevent its client from disclosing its own proprietary information...more
On March 9, 2022, the Eleventh Circuit Court of Appeals denied a petition for permission to appeal an order remanding a case removed to federal court under the Class Action Fairness Act (“CAFA”). In its ruling denying the...more
On October 4, 2021, the United States Supreme Court denied certiorari in an appeal from a decision of the Second Circuit which held that New York’s opioid stewardship payment, required as part of the New York Opioid...more
A recent decision of the U.S. Court of Appeals for the Fourth Circuit concerned a nightmare scenario for any property owner. The plaintiffs sought to rebuild their beachfront house after it was destroyed. Originally...more
The US Court of Appeals for the Fifth Circuit reversed a district court’s dismissal of a copyright authorship dispute, finding that the district court had exclusive jurisdiction over the case because a book publisher’s claim...more
The Federal Circuit, in an opinion by Judge O’Malley, did not hold back in expressing its displeasure in being asked to resolve a claim construction dispute in AntennaSys, Inc., v. AQYR Technologies, Inc. and Windmill...more
The U.S. Supreme Court recently handed down three rulings potentially impacting bankruptcy cases. Nunc Pro Tunc Relief - In Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano, No. 18-921, 2020 WL 871715 (U.S....more
On February 24, 2020, the United States Supreme Court ruled in a case Roman Catholic Archdiocese of San Juan v. Feliciano in connection with removal of a state court matter to Federal court, something that may have a...more
The U.S. Supreme Court in Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, No. 18-921, 2020 WL 871715, at * (U.S. Feb. 24, 2020) in a per curiam opinion that turned on a state court’s jurisdiction...more
Federal courts are courts of limited jurisdiction. Marbury v. Madison (circa 1803) is perhaps the most famous example of this principle. But the limits of federal jurisdiction are regularly tested in our courts today. One...more
The Ninth Circuit Court of Appeals recently underscored that removal practice under the Class Action Fairness Act (CAFA) differs in some important respects from traditional removal practice in non-CAFA cases. It did so...more
A recent decision from the Fifth Circuit Court of Appeals in Klocke v. Watson, No. 17-11320 (August 23, 2019), appears to have answered a perennial jurisdictional question that had split federal district courts in Texas for...more
This month’s key California employment law cases are two decisions from the Ninth Circuit Court of Appeals. Chavez v. JPMorgan Chase & Co., 888 F.3d 413 (9th Cir. 2018) - Summary: Amount in controversy for federal...more
In a unanimous opinion, the Supreme Court today held that lawsuits challenging the 2015 rule amending the definition of waters of the United States (WOTUS Rule) under the Clean Water Act (CWA) must be brought in federal...more
If a putative class of plaintiffs, all citizens of State A, sues a corporate defendant, which the law considers to be a citizen of State A and State B, in state court, may the defendant remove the case to federal court under...more
The Sixth Circuit became the third court of appeals to reject the “alternative citizenship” theory of diversity under the Class Action Fairness Act (CAFA). In Roberts v. Mars Petcare US, Inc., a putative class of Tennessee...more
Addressing questions of federal jurisdiction, the US Court of Appeals for the Third Circuit ruled that it, and not the US Court of Appeals for the Federal Circuit, had jurisdiction over two consolidated appeals arising from...more
A statute, distilled to its essence, is thought conveyed through words. And when those words are understandable and coherently arranged, there’s nothing for courts to do when adjudicating disputes involving them, other than...more
The United States Court of Appeals for the Second Circuit has reversed its own precedent to allow federal courts examining petitions under § 10 of the FAA to “look through” the petition to examine if there is federal...more
Federalism, like love, is a many-splendored thing. And although stark manifestations are easy to see coming, subtle distinctions can rear their heads in surprising places. Such was the case last month in Luvata Grenada,...more