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Federal Jurisdiction

Sep 15, 2011

Civil Rights – PPACA – Individual Mandate – University Challenge – Civil Practice – Federal Jurisdiction – Anti-Injunction Act

Liberty University Inc. v. Geithner The 4th Circuit has no jurisdiction to hear Liberty University’s constitutional challenge to the “individual mandate” of the Patient Protection and Affordable Care Act, as the federal Anti-Injunction Act strips the federal court of jurisdiction; the 4th Circuit vacates the district court decision upholding the individual mandate and remands the ca[...]

Apr 25, 2011

Civil Practice – Federal Jurisdiction – Diversity – Corporate – ‘Nerve Center’

Central W.Va. Energy Co. v. Mountain State Carbon LLC. (Lawyers Weekly No. 001-074-11, 12 pp.) (Wynn, J.) No. 10-1486, April 13, 2011; USDC at Beckley, W.Va. (Johnston, J.) 4th Cir. Holding: In a West Virginia coal sales company’s contract action against steel companies Severstal Wheeling and Mountain State, the 4th Circuit reverses the district court’s […]

Nov 19, 2010

Civil Practice – Federal Jurisdiction – Fraudulent Joinder – Insurance – Breach of Contract – Tort/Negligence – Misrepresentations

Hendrix Insurance Agency, Inc. v. Continental Casualty Co. (Lawyers Weekly No. 002-040-10, 14 pp.) (Henry M. Herlong Jr., Sr. J.) D.S.C. Holding: Where (1) plaintiff waited until after removal to federal court to add an S.C. resident as a defendant, (2) the outcome of this case will have no impact on the S.C. resident’s rights, […]

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