The Supreme Court has granted cert in an important case raising the issue whether a federal court of appeals has jurisdiction under both Article III a
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jurisdiction
Federal Court Rejects Jurisdiction Over French Manufacturer
A federal court in Mississippi has rejected the assertion of personal jurisdiction over a French medical device company. See Arnoult v. CL Med. Sarl, …
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CAFA Removal Appeal to Watch
Here’s one to watch. The Supreme Court agreed earlier this week to consider whether defendants seeking removal of a proposed class suit to federal cou…
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Supreme Court Issues General Jurisdiction Opinion
The U.S. Supreme Court rued last week that defendant DaimlerChrysler Corp. could not be sued in in California over an Argentine subsidiary’s all…
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Energy Drink Case Subject to Primary Jurisdiction
We have posted before about the important doctrine of primary jurisdiction. Last week, a defendant obtained dismissal of a proposed class action over …
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Class Action Rejected Per Primary Jurisdiction Defense
A California federal court recently rejected a putative class action alleging meal replacement bars sold in General Nutrition Centers Inc. stores some…
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Denial of Class Certification Does Not Deprive Federal Court of CAFA Jurisdiction
Quick CAFA point for our readers. Another federal court has ruled that the denial of a motion for class certification does not divest a federal distri…
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Second Circuit Explains Home State Exception in CAFA
The Second Circuit recently weighed in on CAFA, and its home state exception. See Gold v. N.Y. Life Ins. Co., No. 12-2344-cv (2d Cir., 9/18/13). Not o…
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Voluntary Dismissal Not A Route To Appellate Review of Class Issue
Getting an appeals court to focus on class decisions- certification, refusal to certify, and decertification – can be crucial to litigants on both sid…
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Primary Jurisdiction Doctrine Leads to Dismissal of Food Claim
As our loyal readers know, the plaintiffs bar is poised to bring proposed class action litigation against food and beverage sellers over virtually any…
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