Tags » Jurisdiction

Who’s Afraid of Assuming Federal Jurisdiction?

In the Supreme Court’s much-discussed Hobby Lobby decision (decided at the end of June), the Court addressed whether for-profit corporations should be able to assert claims under the Religious Freedom Restoration Act (RFRA). 689 more words

Jurisdiction

Dallas Court Of Appeals: "Consent Jurisdiction" Was Lacking To Establish Personal Jurisdiction Over Defendant

As you may know by now, Nicholson sued her brother, Stauffer, in Collin County Probate Court. In previous posts, I have discussed that the Dallas Court of Appeals held (i) the probate court lacked personal jurisdiction over the claims against Stauffer in the capacity of “successor trustee” and (ii) the probate court lacked subject-matter jurisdiction over the claims against Stauffer individually. 394 more words

Trusts

Dallas Court of Appeals: Probate Court Lacked Subject-Matter Jurisdiction

Nicholson sued her brother, Stauffer, in Collin County Probate Court. As noted in the previous post, the Dallas Court of Appeals held that the probate court did not have personal jurisdiction over Stauffer in his alleged capacity as “successor trustee.” But what of Nicholson’s individual claims against Stauffer. 313 more words

Trusts

Dallas Court Of Appeals: No Personal (Specific) Jurisdiction Over "Successor Trustee"; Or, Capacity Counts

This appeal arose out of a lawsuit that Nicholson filed in Collin County Probate Court against her brother, Stauffer. Nicholson sued Stauffer individually and as “Successor Trustee of the Anne Bodulus Stauffer Revocable Trust.” Notably, Stauffer apparently is not a Texas resident. 376 more words

Trusts

Can Standing Immunize Surveillance Programs From Judicial Review?

One of the abiding issues in standing doctrine is whether federal courts should care when legal violations seem to produce no viable plaintiffs. This issue has been particularly salient in debates about secret government surveillance. 1,040 more words

Jurisdiction

Is Small Claims Court too Large for You?

In 2013 the North Carolina General Assembly increased small claims court jurisdiction from $5,000.00 to $10,000.00.  This now means many more cases should be filed (and in some cases MUST be filed) in small claims court.  251 more words

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