Divided Panel Denies Petition to Appeal Sua Sponte Remand to State Court
Posted on Mar 14, 2022 in Jurisdiction | Comments Off on Divided Panel Denies Petition to Appeal Sua Sponte Remand to State Court
In Ruhlen v. Holiday Haven Homeowners, Inc., 2022 U.S. App. LEXIS 6184 (11th Cir. Mar. 9, 2022), a divided panel of the Eleventh Circuit held that the court lacked appellate jurisdiction to review a district court’s sua sponte remand to state court for lack of subject-matter jurisdiction. The underlying dispute concerned the presence or absence of jurisdiction under the Class Action...
Get Back to Where You Once Belonged? Court Affirms Dismissal for Lack of Personal Jurisdiction and in Light of Forum Selection Clause
Posted on Jul 13, 2021 in Jurisdiction | Comments Off on Get Back to Where You Once Belonged? Court Affirms Dismissal for Lack of Personal Jurisdiction and in Light of Forum Selection Clause
In Don’t Look Media LLC v. Fly Victor Ltd., 999 F.3d 1284 (11th Cir. June 4, 2021), the Eleventh Circuit affirmed the dismissal of RICO and state-law claims against an English company and its directors and officers for lack of personal jurisdiction and in light of the forum selection clause included in the parties’ contract. Don’t Look Media (a Delaware LLC based in Florida) licensed...
Class Claims for Declaratory and Supplemental Relief Remanded to State Court
Posted on Apr 30, 2021 in Jurisdiction | Comments Off on Class Claims for Declaratory and Supplemental Relief Remanded to State Court
In Mack v. USAA Casualty Insurance Co., 2021 WL 1572709 (11th Cir. Apr. 22, 2021), the Eleventh Circuit dismissed for lack of an Article III “case or controversy” a putative class action in which the plaintiff sought a declaration that his insurer’s adjustment of total loss claims violates Florida law and money damages as corresponding “supplemental relief.” Leroy Mack brought an...
Increased Risk of Identity Theft Cannot Establish Article III Standing in Data Breach Cases
Posted on Feb 10, 2021 in Jurisdiction | Comments Off on Increased Risk of Identity Theft Cannot Establish Article III Standing in Data Breach Cases
The Eleventh Circuit has now taken a stand on whether a substantial risk of identity theft, fraud, and other future harm constitutes Article III standing in data breach cases. Tsao v. Captiva MVP Rest. Partners, LLC, 2021 WL 381948 (11th Cir. Feb. 4, 2021). In an opinion authored by Senior Judge Tjoflat, the Eleventh Circuit affirmed the lower court’s decision, holding that...
Eleventh Circuit Decision Highlights Difficulty of Invoking Federal-Question Jurisdiction Over Claim for Declaratory Relief
Posted on Aug 5, 2020 in Jurisdiction | Comments Off on Eleventh Circuit Decision Highlights Difficulty of Invoking Federal-Question Jurisdiction Over Claim for Declaratory Relief
The United States Constitution created federal courts of limited subject-matter jurisdiction. Thus, a party filing suit in federal court must assert a claim arising under federal law or demonstrate that the litigants are citizens of different states. Generally, a claim brought pursuant to the federal Declaratory Judgment Act is alone insufficient to invoke federal-question...
Third-Party Counterclaim Defendants’ Removal Bid Foiled
Posted on Jul 13, 2020 in Jurisdiction | Comments Off on Third-Party Counterclaim Defendants’ Removal Bid Foiled
“Perhaps some might think removal is not the most riveting topic,” begins Judge Robin Rosenbaum’s opinion for the court in Bowling v. U.S. Bank National Association, 2020 WL 3424928 (11th Cir. June 23, 2020). (Not so with our readers, most of whom relish a good removal.) The removal issue in Bowling stemmed from the Supreme Court’s decision in Home Depot U.S.A., Inc. v. Jackson, 139 S....