in cases removed from state to federal district court.39Rather, in line with current case law, venue in those cases is controlled by the removal statute, not the generalvenue statute.40By Jason D. HughesThomas J. O'Connor
Although (unlike in removed actions) there is no statute for cases filed originally in federal court saying that the Doe defendants can be disregarded in diversity actions, there is simply no good reason why they cannot be named, and their citizenship considered later at the t...
Parker wrote that the state has failed to make a compelling argument as to why Tennessee needed the new law, adding that the court also agrees the statute is likely vague and overly broad. The word "drag" doesn't appear in the new law, which instead changed the definition of adult cabare...
Trump's legal team argues that Hellerstein wrongly concluded that the Supreme Court's ruling on presidential immunity does not influence the former president's hush money case. “The district court overlooked the importance and essential aspects of Trump v. United States and moved forward with a m...
court vacated and remanded a fee award by Colorado Judge Brooke Jackson, finding that Judge Jackson abused her discretion when determining that the case was "exceptional" under the statute.Realtime Adaptive Streaming L.L.C. v. Sling TV, L.L.C., No. 2023-1035 (Fed. Cir. Aug. 23, ...
The US Supreme Court overturned the Federal Circuit’s decision inTC Heartland v.Kraft Foodsand its longstanding interpretation of the patent venue statute and has reaffirmed that a corporation is a resident of the state in which it is incorporated. It had decided that question a long time ago...
One venue where you see these often offered are immigration cases, where someone is trying to prove their family history and has come to the United States and everyone who would know about that family history is outside the jurisdiction of the court in another country, unavailable to come in...
An example here is a felony drug charge coming with a possible sentence of ten years or more; there is a presumption that this person should be detained within the statute. For more on federal bail, read Bail after Federal Arrest in Texas and The Bail Reform Act of 1984. Plea ...
(1) A defendant who waives service of a summons does not thereby waive any objection to the venue or to the jurisdic- tion of the court over the person of the defendant. (2) An individual, corporation, or association that is subject to service under subdivision (e), (f), or (h) ...
Some clients, however, may prefer litigation if public court filings may negatively impact the defendant and its business.Where to File a LawsuitIf you pursue litigation, consider:Subject matter jurisdiction The advantages of filing in federal vs. state court Personal jurisdiction Ve...