The court's straightforward application of the statutory bar to appellate review of remand orders based
on lack of subject matter jurisdiction rejects the notion that the AIA somehow creates an exception to that longstanding bar to appellate review.
Although finding that an
absolute lack of subject matter jurisdiction might preclude a costs award in the right circumstances (but not reaching the issue), the appellate court found that the trial court did have jurisdiction to determine the exclusivity defense such that costs were in order.
The district court agreed, dismissing the case «for
lack of subject matter jurisdiction.»
Accordingly, the United States District Court for the Eastern District of Virginia granted Respondents» motion to vacate for
lack of subject matter jurisdiction.
Iraq (the new government) moved to dismiss for
lack of subject matter jurisdiction, arguing that it was not a party to the contracts (rather SOMO was) and that the alleged breaches did not have direct effect on the U.S. because the place of performance was Iraq and that there was no evidence that any oil would go to U.S. customers.
the United States District Court for the Eastern District of Virginia granted Respondents» motion to vacate for
lack of subject matter jurisdiction.
The Delaware court struck the equitable claims for failure to state a claim and dismissed the ancillary law claims for
lack of subject matter jurisdiction.
Motion To Dismiss For
Lack Of Subject Matter Jurisdiction / Plea To Jurisdiction 6.
Oct. 25, 2016), the court has been rather hostile to such removals, swiftly remanding case after case for
lack of subject matter jurisdiction.
Finding the joinder of all sixty - four plaintiffs» claims proper, the court ordered the case remanded to state court for
lack of subject matter jurisdiction.
Therefore, the court held that because the activity for which Wilder sought recovery clearly was brokerage activity in which Wilder had no right to engage without a Connecticut real estate broker's license, Wilder was barred from pursuing the action, and the case was dismissed for
lack of subject matter jurisdiction.