News & Analysis as of

Jurisdiction Supreme Court of the United States Subject Matter Jurisdiction

DarrowEverett LLP

Litigating Arbitration Awards: Federal Courts Decline to Punch the Jurisdictional Ticket

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Over two years ago, the United States Supreme Court divested the federal courts of jurisdiction over all but a few disputes concerning the confirmation or vacation of arbitration awards. Since then, the federal appellate...more

Foley & Lardner LLP

Master of Its Choice of Forum?

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On April 29, 2024, the U.S. Supreme Court agreed to review whether a plaintiff may compel the remand of a case removed on the basis of federal question jurisdiction by voluntarily amending its complaint to leave only state...more

Dorsey & Whitney LLP

The Supreme Court Update - April 29, 2024

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Today, the Supreme Court of the United States granted certiorari in four cases: Medical Marijuana, Inc. v. Horn, No. 23-365: This case involves interpretation of the Racketeer Influenced and Corrupt Organizations Act...more

Snell & Wilmer

The Ninth Circuit Affirms Tribal Court Jurisdiction Over Insurance Provider

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On February 29, 2024, the Ninth Circuit issued its opinion in Lexington Insurance Co. v. Smith (Suquamish Tribe). The Court affirmed the tribal court’s subject-matter jurisdiction over Lexington pursuant to the Tribe’s...more

Morrison & Foerster LLP

U.S. Supreme Court to Decide the Scope of Federal Courts’ Criminal Jurisdiction over Foreign Sovereign Defendants

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On October 3, 2022, the United States Supreme Court granted certiorari in Turkiye Halk Bankasi A.S. v. United States, No. 21-1450 (“Halkbank”), to determine whether federal courts have subject-matter jurisdiction over...more

Miller Canfield

Supreme Court Limits Federal Court Jurisdiction Under the Federal Arbitration Act

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In a little-noticed recent decision, a nearly-unanimous U.S. Supreme Court significantly narrowed the jurisdiction of the federal courts to confirm, vacate or modify arbitration awards under the Federal Arbitration Act (FAA)....more

Robins Kaplan LLP

SCOTUS: Only Appeal Filing Deadlines Prescribed by Statute are “Jurisdictional”

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On November 8, 2017, the Supreme Court issued an unanimous opinion in Hamer v. Neighborhood Housing Services of Chicago, Case No. 16-658, clarifying that an appeal filing deadline prescribed by statute is “jurisdictional,”...more

A&O Shearman

U.S. Supreme Court Hears Oral Argument In Case That Raises Issue Of Whether State Courts Have Jurisdiction Over Securities Act...

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On November 28, 2017, the U.S. Supreme Court heard argument in Cyan, Inc. v. Beaver County Employees Retirement Fund, No. 15-1439, a case addressing whether state courts have jurisdiction over class actions asserting...more

Latham & Watkins LLP

Supreme Court Questions “Obtuse” Statute Addressing Jurisdiction Over Securities Act Claims

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Justices hear oral arguments on whether Plaintiffs can evade federal jurisdiction over Securities Act claims by exploiting what the Court calls statutory “gibberish” in the Securities Litigation Uniform Standards Act. ...more

A&O Shearman

U.S. Supreme Court Holds That Only Statutory Appellate Filing Deadlines Are Jurisdictional; Non-Statutory Deadlines Can Be Waived

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On November 8, 2017, the Supreme Court of the United States, in a unanimous decision, held that not all deadlines for filing appeals are jurisdictional; instead, if a time limit on filing an appeal appears only in a...more

Mintz - Arbitration, Mediation, ADR...

Only in America: The Controversy Concerning Federal Jurisdiction Over Motions to Confirm, Vacate, or Modify Arbitral Awards

In most countries, it is uncontroversial that a court sitting at the situs of an arbitration has jurisdiction to adjudicate a petition to confirm or vacate or modify an award issued in that arbitration. In the United States...more

Alston & Bird

State-vs.-State Unclaimed Property Dispute May be Heading to the Supreme Court

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In March, we issued an advisory highlighting a lawsuit filed by the Pennsylvania Treasury Department against the State of Delaware in federal district court seeking to recover uncashed official checks escheated to Delaware by...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Summer 2015

In This Issue: - The Fairness in Class Action Litigation Act of 2015 - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to...more

Bond Schoeneck & King PLLC

Stern Revisited, Testing the Jurisdictional Authority of the Bankruptcy Courts and Beyond

In January, the Supreme Court heard oral argument in Executive Benefits Insurance Agency v. Arkison. Executive Benefits is viewed by many as the sequel to Stern v. Marshall, 131 S. Ct. 2594, 180 L. Ed. 2d 475 (2011). In...more

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