Tag Archives: subject matter jurisdiction

Second Circuit — Subject Matter Jurisdiction: Fracasse v. People’s United Bank

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 ...

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Second Circuit — Subject Matter Jurisdiction: Bank v. Independence Energy Group LLC, et al.

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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Fourth Department — Court of Claims: Green v. State

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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Second Circuit — Covenant Not To Sue: Nike Inc. v. Already LLC dba Yums

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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False Claims Act: United States ex rel. Veltz v. Allegany Rehabilitation Associates Inc.

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, ...

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Social Security: Bessette v. Commissioner of Social Security

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 ...

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Subject Matter Jurisdiction: Barton v. Mikelhayes

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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Subject Matter Jurisdiction: Southern New England Telephone Company v. Global Naps, Inc.

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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Subject Matter Jurisdiction: IMPX Inc. v. Green Tech Finance Inc.

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 ...

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Subject Matter Jurisdiction: Anglo-Iberia Underwriting Management Co. v. Lodderhose

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 ...

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