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Jurisdiction Federal Rules of Civil Procedure Appeals

McDermott Will & Schulte

Jurisdiction Affirmed: Trademark Ripples Reach US Shores

Addressing for the first time the issue of whether a foreign intellectual property holding company is subject to personal jurisdiction in the United States, the US Court of Appeals for the Eleventh Circuit reversed a district...more

Robinson Bradshaw

Update: Supreme Court Might Still Not Decide Whether a Class Can Contain Individuals Who Lack Any Article III Injury

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A few months ago, we wrote about the U.S. Supreme Court’s decision to grant review in Labcorp v. Davis. As we noted at the time, Labcorp raises a long-debated question of class-action law: Can a federal court certify a...more

Foley & Lardner LLP

Will Supreme Court Punt on Circuit Split Over Article III Standing in Class Actions?

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On April 29, 2025, the Supreme Court heard argument on an issue that has divided the circuits: “Whether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the...more

Stevens & Lee

Third Circuit Case Emphasizes the Limits of Appellate Jurisdiction and the Need for Finality in the District Court

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In its recent decision in Pets Gifts USA v. Imagine This Company, the U.S. Court of Appeals for the Third Circuit emphasized that while parties may wish to file an appeal, their desires are always subject to the strict...more

Fox Rothschild LLP

Appellate Courts and Messy Kitchens

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Ever had to explain to a client why a sweet win in the lower courts doesn’t necessarily mean that it’s time to dig in and eat? In City of Martinsville, VA v. Express Scripts, a Fourth Circuit majority opinion used a...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: January 2025

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This month’s cases involve a cert petition to the U.S. Supreme Court on the extraterritorial application of the federal Defend Trade Secrets Act, a matter of first impression before the Court of Federal Claims, and a reminder...more

Snell & Wilmer

United States Supreme Court Unanimously Holds That an Amended Complaint Can Deprive Federal Courts of Jurisdiction

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The Supreme Court ruled on January 15, 2025, that if a plaintiff amends a complaint to remove federal claims after a case has been removed to federal court, the federal court loses its jurisdiction over the remaining...more

Sheppard Mullin Richter & Hampton LLP

The Federal Circuit Affirms Deterrence Sanctions

The Federal Circuit affirmed a district court’s award of sanctions for bad faith against a plaintiff’s conduct based on the meritless nature of several lawsuits filed in incorrect venues....more

Constangy, Brooks, Smith & Prophete, LLP

Robin's quickie guide to motions to dismiss, summary judgment, and trial

What's the difference? There are three main ways for a defendant to bring a lawsuit to an end. Each involves a different level of proof – and of expense and hassle. It's better to get a lawsuit “disposed of” as early as...more

Butler Snow LLP

To Plead or Not to Plead Citizenship? That Is the Question (Among Others) for Limited Liability Companies Asserting Diversity...

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Jurisdiction always matters. Of course, litigants and the courts tend to focus on the merits. After all, the merits, not rote jurisdictional analyses, are what a lawsuit is all about. But parties cannot ignore basic...more

Fisher Phillips

Supreme Court Ruling Clears Way For $350K Religious Bias Jury Award

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Following a decision by the U.S. Supreme Court several months ago allowing a former employee to pursue a religious discrimination claim, a Texas federal jury recently ordered her former employer to pay her $350,000. The...more

WilmerHale

Second Circuit Confirms Extraterritorial Reach of Section 1782 and Clarifies Jurisdictional Requirements

WilmerHale on

A recent Second Circuit decision provides important guidance on the scope and application of Section 1782, the expansive discovery provision that authorizes district courts to compel parties in the United States to provide...more

Mitchell, Williams, Selig, Gates & Woodyard,...

How Much is Enough to Remove? Considerations that Shouldn't be "Smuggled into the Judicial Inquiry."

A plaintiff filed a class-action complaint in state court alleging a potential liability of $2.9 million to the class, plus fees and punitive damages. The defendant conducted its own calculation and determined that the amount...more

Patterson Belknap Webb & Tyler LLP

Bankruptcy Jurisdiction: The Time-of-Filing Rule Applies to “Related-To” Jurisdiction

Consider these facts. A debtor in bankruptcy sued two parties for breach of contract. The debtor assigned its rights and interests in the cause of action to another entity. The defendants moved to dismiss the lawsuit, arguing...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Texas’ Anti-SLAPP Regime Does Not Apply in Federal Diversity Cases, Says the Fifth Circuit

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

Snell & Wilmer

Fort Bend County v. Davis: SCOTUS Bends Employers' Defense to Title VII Claims, But Doesn't Break It

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On June 3, 2019, the United States Supreme Court ("Supreme Court") unanimously held in Fort Bend County v. Davis that federal courts may be able to hear claims brought under Title VII of the Civil Rights Act of 1964 (“Title...more

Moore & Van Allen PLLC

U.S. Supreme Court Said “No” to Class Arbitration in Employment-Related Data Breach Dispute Because Arbitration Agreement...

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The U.S. Supreme Court issued two 5-4 decisions in as many months regarding class procedures. Lamp Plus, Inc. v. Varela, 587 U. S. ____ (2019) was favorable to corporate defendants by limiting the availability of class...more

Williams Mullen

Failure to File EEOC Charge Does Not Automatically Bar Title VII Claims, Supreme Court Says

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On June 3, 2019, the U.S. Supreme Court held that an employee may be able to proceed with a federal discrimination lawsuit, even if the employee has not first filed a Charge of Discrimination with the Equal Employment...more

Eversheds Sutherland (US) LLP

SCOTUS rules exhaustion of administrative remedies is not jurisdictional – Does it matter?

On June 3, 2019, the Supreme Court issued a unanimous decision holding that Title VII’s administrative exhaustion requirement is not a jurisdictional bar to filing a lawsuit in court. The lawsuit involved an individual, Lois...more

Bricker Graydon LLP

U.S. Supreme Court limits employer defense to federal discrimination claims

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The U.S. Supreme Court recently delivered an important decision limiting an employer’s ability to dismiss federal employment discrimination lawsuits under Title VII of the Civil Rights Act of 1964. In Fort Bend County v....more

Ballard Spahr LLP

Supreme Court Rules that Employers Must Timely Raise Exhaustion of Administrative Remedies in Title VII Claims or Risk Forfeiting...

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On Monday, June 3, 2019, the U.S. Supreme Court issued a decision in Fort Bend County v. Davis, unanimously finding that Title VII’s administrative exhaustion requirement is not jurisdictional and that employers may forfeit...more

Butler Snow LLP

The Supreme Court Concludes that Title VII’s Charge Filing Requirement is not Jurisdictional

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On June 3, 2019, the U.S. Supreme Court concluded that the requirement set forth in Title VII to the Civil Rights Act of 1964 that a plaintiff must first exhaust her administrative remedies with the EEOC before filing suit is...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Rules That Employers Can Be Forced To Defend Against Actions Under Title VII Not Properly Brought Before the EEOC

Resolving a circuit split regarding the jurisdictional nature of Title VII’s charge-filing requirement—the statutory requirement that an employee who alleges that he or she has been subjected to unlawful treatment is required...more

Fisher Phillips

Employers, Beware: SCOTUS Ruling Creates Title VII Litigation Trap

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The U.S. Supreme Court unanimously ruled today that Title VII’s administrative exhaustion requirement—whereby an aggrieved employee first must file a claim with the Equal Employment Opportunity Commission (“EEOC”) or a state...more

Littler

Supreme Court Holds EEOC Charge-Filing Requirement is Not Jurisdictional

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On June 3, 2019, the U.S. Supreme Court held in Fort Bend County v. Davis that the requirement to file a charge of discrimination with the EEOC (or relevant state or local agency) is not a jurisdictional prescription to a...more

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