U.S. Court of Appeals for the Second Circuit Subject Matter Jurisdiction Federal Question — Fair Labor Standards Act Fracasse v. People’s United Bank 13-266-cv Judges Leval, Wesley and Hall Background: The plaintiffs appealed from a judgment dismissing their claims. The ...

Tagged with: subject matter jurisdiction u.s. court of appeals for the second circuit

U.S. Court of Appeals for the Second Circuit Subject Matter Jurisdiction Class Action — Choice of Law Bank v. Independence Energy Group LLC, et al. 13-1746-cv Judges Walker, Cabranes and Parker Background: The plaintiff appealed from a sua sponte dismissal of ...

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Appellate Division, Fourth Department Court of Claims Subject Matter Jurisdiction Green v. State CA 11-00437 Appealed from Court of Claims Background: The claimant, a prisoner incarcerated at the Elmira Correctional Facility, filed a claim seeking damages due to “improprieties imposed ...

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U.S. Court of Appeals for the Second Circuit Covenant Not To Sue Subject Matter Jurisdiction Nike Inc. v. Already LLC dba Yums 11-314-cv Judges Leval, Livingston and Lohier Background: The plaintiff filed suit alleging that two shoe lines manufactured by ...

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U.S. District Court, Western District of New York False Claims Act Medicaid — Subject Matter Jurisdiction United States ex rel. Veltz v. Allegany Rehabilitation Associates Inc. 01-CV-190 Judge Skretny Background: In this qui tam action, the government and the relator, ...

Tagged with: False Claims Act Medicaid subject matter jurisdiction U.S. District Court Western District of New York

U.S. District Court, Northern District of New York Social Security Disability — Administrative Review — Subject Matter Jurisdiction Bessette v. Commissioner of Social Security 09-CV-735 Judge McAvoy Background: Plaintiff pro se Gary Bessette brings this action seeking review of a ...

Tagged with: Disability Northern District of New York Social Security subject matter jurisdiction U.S. District Court

U.S. District Court, Northern District of New York Subject Matter Jurisdiction Religious Doctrine Barton v. Mikelhayes 09-CV-63 Judge McAvoy Background: Plaintiff Todd David Barton brought an action pro se against the defendants pursuant to Title VII of the Civil Rights ...

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U.S. Court of Appeals, Second Circuit Subject Matter Jurisdiction Sanctions Southern New England Telephone Company v. Global Naps, Inc. 08-4518-cv Appealed from the District of Connecticut Background: This decision presents an appeal from a grant of summary judgment of the ...

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U.S. District Court, Western District of New York Subject Matter Jurisdiction IMPX Inc. v. Green Tech Finance Inc. 03-CV-758 Judge Skretny Background: Plaintiff IMPX Inc. alleges the defendant, Green Tech Finance Inc., breached the contract between the parties. The plaintiff ...

Tagged with: subject matter jurisdiction U.S. District Court Western District of New York

New York State Court of Appeals Subject Matter Jurisdiction Misdemeanor Information People v. Wilson No. 124 SSM 49 Appealed from the First Department Background: After a non-jury trial, the defendant was convicted of attempted aggravated harassment in the second degree, ...

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U.S. Court of Appeals, Second Circuit Subject Matter Jurisdiction Foreign Sovereign Immunity Anglo-Iberia Underwriting Management Co. v. Lodderhose 08-2666-cv Appealed from the Southern District of New York Background: The plaintiffs appeal from an order of the U.S. District Court for ...

Tagged with: foreign sovereign immunity Second Circuit subject matter jurisdiction U.S. Court of Appeals