2600, validly stripped
federal court jurisdiction over habeas corpus petitions filed by foreign citizens imprisoned indefinitely at the United States Naval Station at Guantanamo Bay.
But, so far, Congress has instead taken an intermediate position on the geographic scope of
federal court jurisdiction in the jurisdictional portion of the Class Action Fairness Act of 2005 (which also limits the extent to which «coupon settlements» of class action cases are permitted).
Argued leading case on parameters
of federal court jurisdiction under the Air Traffic Safety and Stabilization Act, following the September 11, 2011 disaster
The new legislation
expands federal court jurisdiction over class actions, and requires close court supervision of settlements, say co - editors / attorneys Anthony Rollo and Hunter Twiford.
This can be done, as Congress can determine
the federal courts jurisdiction, and in the case of abuse of authority, limit that authority.
Similarly, if the case involves governmental immunity,
federal court jurisdiction or other jurisdictional matters, the lawyer may want to avoid the complications that these factors may entail.
Speaker, «
Federal Courts Jurisdiction and Venue Clarification Act: One Year Later — Lessons Learned from Applying the New Jurisdiction and General Removal Procedures,» Strafford (Webinar / Teleconference), February 20, 2013
This includes testimony and document preparation for cases before state, and
federal court jurisdictions, and the International Trade Commission.
The claim in rem against the pleasure craft was based on s22 (3)(d) of the Federal Courts Act which gives
the Federal Court jurisdiction in relation to all mortgages on a ship, registered or not, whether legal or equitable, and whether created under foreign law or not.
Now, in a Federal Circuit appellate case called In re: TC Heartland, LLC, a defendant is asking for a case to be transferred (in this case not from E.D. Tex., but from D. Del.) to the southern district of Indiana, where it is headquartered, citing what it says are the implications of a 2011 Congressional enactment,
the Federal Court Jurisdiction and Venue Clarification Act.
III control over
federal court jurisdiction would not, by any flight of fancy, permit Congress to control proceedings in state courts.
Now some may argue that
the federal court jurisdiction differs from state court jurisdictions, but of course that is not the law of the land (Art.
Heartland argues that
the Federal Courts Jurisdiction and Venue Clarification Act of 2011 effectively repealed the Federal Circuit's 1990 ruling in VE Holding v. Johnson Gas Appliance that patent suits can be brought anywhere a defendant makes sales.
We begin with the justiciability doctrines (standing, ripeness, mootness, and finality), then move on to Congress's control over
federal court jurisdiction and adjudication in non-Article III courts (e.g., bankruptcy courts and administrative agencies).