All articles tagged with #jurisdiction
The BBC will ask a Florida court to dismiss Donald Trump's multi‑billion-dollar defamation lawsuit over a Panorama edit, arguing lack of personal jurisdiction, improper venue, and failure to state a claim, with the programme allegedly aired abroad and not defaming Trump or causing proven harm; a trial could be set for 2027 if the case continues.
Blake Lively's lawsuit against PR specialist Jed Wallace, accused of aiding Justin Baldoni's alleged smear campaign, has been dismissed due to lack of jurisdiction, as Wallace is based in Texas and the case was filed in New York. Lively may need to amend her complaint or pursue the case elsewhere.
The U.S. Supreme Court unanimously reinstated lawsuits against the PLO and PA for terrorist attacks, ruling that a 2019 law expanding U.S. courts' jurisdiction over such cases does not violate due process, emphasizing the narrow scope of the law and its alignment with foreign policy interests.
A U.S. District Court judge dismissed California's lawsuit challenging President Trump's tariffs, ruling that the case belongs in the U.S. Court of International Trade, but allowed California to appeal the decision, marking a procedural setback for the state in contesting the tariffs.
The International Criminal Court (ICC) can prosecute leaders of non-member states like Israel if alleged crimes occur in territories of member states or if the United Nations Security Council refers a situation to the ICC. This jurisdictional reach allows the ICC to investigate potential war crimes or crimes against humanity committed in Palestinian territories, which are recognized by the ICC as a member state.
A Clark County judge dismissed charges against six Nevada Republicans who submitted a false slate of electoral votes for Donald Trump in 2020, citing lack of jurisdiction. The judge ruled that the case should be heard in Carson City or Douglas County, where the alleged crimes occurred. Nevada Attorney General Aaron Ford plans to appeal the decision to the state Supreme Court.
The US Court of Appeals for the Fifth Circuit is facing challenges as parties attempt to move high-profile cases out of its jurisdiction, prompting concerns about judge shopping. The circuit is considering requests to block the transfer of cases involving the Consumer Financial Protection Bureau and Elon Musk's SpaceX. Legal experts note that the bar for an appeals court to reverse a transfer order is high, and the circuit's recent actions may give the impression that it is trying to retain major cases within its jurisdiction. The venue issue has become more visible, with attorneys aggressively pushing for transfers out of the Fifth Circuit. The court's handling of these cases has raised concerns about the message it is sending and the potential impact on future litigation.
A federal judge in Texas dismissed a lawsuit brought by pharmaceutical trade group PhRMA, arguing that forcing drug makers to negotiate Medicare drug prices is unconstitutional, ruling that the court lacks jurisdiction. The lawsuit is one of nine from the pharmaceutical industry challenging the price negotiations outlined in the Inflation Reduction Act of 2022. The judge's decision is a small win for the Biden administration, which is defending the negotiations on multiple fronts.
Senator Ted Cruz criticizes a provision in the bipartisan Senate immigration and foreign aid bill that would centralize authority in Washington, D.C., preventing Texas from challenging its provisions in local courts. Cruz argues that this would likely lead to Texas losing cases due to an abundance of liberal judges in D.C. The bill also includes additional funding for border control and military aid to Ukraine, but faces opposition from Republicans in the House and is deemed unlikely to pass into law.
The University of Illinois has successfully moved Terrence Shannon Jr.'s lawsuit to federal court, with an initial hearing scheduled for January 12. The university's legal filing cited federal jurisdiction based on Shannon's claims of due process under Title IX, prompting the move from Champaign County court to the U.S. District Court for the Central District of Illinois. Shannon's team of attorneys has yet to respond to this latest development.
Mark Meadows, former White House chief of staff, faced tough questions from a panel of appeals court judges as he sought to move a Georgia election interference case from state court to federal court. The judges appeared skeptical of Meadows' arguments, which claim that the allegations against him concern actions he took as a federal officer. Moving the case to federal court would provide advantages for Meadows, but a federal judge previously ruled in favor of the prosecutors, stating that Meadows' conduct was not related to his role as chief of staff. The three-judge panel heard oral arguments and questioned both sides, with one judge noting that Meadows seemed to define his official duties broadly. Meadows' lawyer argued that the case should be resolved in federal court to address important matters relating to federal law.
A House hearing on space mining sparked a partisan debate about the viability of the field and the jurisdiction of the committee to examine it. Witnesses argued that space resource extraction could be crucial for the future of the United States but required careful study and government support. Some cautioned that the US was at risk of falling behind China in space resource extraction. Democrats questioned the need for a hearing on space mining and argued that it should be considered by the House Science Committee instead. The hearing also highlighted the challenges faced by space mining company AstroForge, which has encountered problems with its first spacecraft.
Ohio House Speaker Jason Stephens dismisses a proposal to deny court jurisdiction over the recent abortion rights amendment Issue 1, instead urging lawmakers to focus on maternal and early childhood care. State Rep. Jennifer Gross is pursuing a measure to nullify the courts' authority, but Stephens rejects the idea, emphasizing the importance of abiding by the Constitution and having conversations about what abortion opponents are for. While Stephens rules out rushing to the ballot with a repeal effort, he doesn't entirely rule out revisiting the policy in the future. Democrats remain cautious, recalling Republicans' previous maneuvering to get a related issue on the ballot.
Ivanka Trump has been ordered by a New York judge to testify at her father's civil fraud trial, despite her attorneys' attempts to quash the subpoena. The judge denied the motion and stated that her testimony should not be scheduled before Wednesday to allow for a potential appeal. Ivanka Trump's attorneys argued that she should not be forced to appear since she was removed as a defendant in the case by an appellate court. However, the judge ruled that she had availed herself of the privilege of doing business in New York and should have submitted an affidavit asserting that she does not live or work in the state. The judge also denied a request for a deposition to be taken in Florida, preferring to hear testimony live in court. Attorneys for the Trumps argued that Ivanka Trump has not lived or worked in New York since 2017, accusing the New York Attorney General of seeking her testimony for media attention.
Joran van der Sloot, who is currently serving a 28-year sentence in Peru for the murder of Stephany Flores, has confessed to killing Natalee Holloway in 2005. However, legal experts say he is unlikely to face prosecution for her murder due to the statute of limitations in Aruba and jurisdictional issues. Van der Sloot's confession came as part of a plea agreement in which he pleaded guilty to extortion and wire fraud charges related to Holloway's case. The agreement provided closure for Holloway's family, but it remains uncertain whether van der Sloot will face murder charges in Aruba.