Where a contract has a forum selection clause, it applies to a claim of fraudulent inducement. “Kochert’s fraudulent inducement claim stems from her contractual relationship ...
Read More »Tag Archives: Civil Procedure
05-4630 Forty One News, Inc., v. County of Lake
Even though an ordinance violation action was not commenced until after an adult-oriented business had commenced a federal civil rights suit against the municipality, the ...
Read More »06-3486 Bennett v. Southwest Airlines Co.
The 1958 Federal Aviation Act does not preempt State authority to establish non-uniform and individual State standards for aviation safety. “Restated as an argument for ...
Read More »06-3372 Lott v. Pfizer, Inc.
When a case removed to federal court is remanded back to state court, the plaintiff is only entitled to attorney fees, if the defendant lacked ...
Read More »06-3132 In re: Ocwen Loan Servicing, LLC
Where a 40-page complaint alleges 22 separate claims, the district court should require more specific pleadings to determine which claims are preempted by federal law ...
Read More »2006AP145 Beaver v. County of Door
Albert Beaver appeals a summary judgment dismissing his action against Door County, finding it frivolous, and awarding the County $33,297.78 attorney’s fees. He argues: (1) ...
Read More »05-85 Powerex Corp. v. Reliant Energy Services, Inc.
28 U.S.C. 1447(d) bars appellate consideration of a defendant’s claim that it is a foreign state for purposes of the Foreign Sovereign Immunities Act of ...
Read More »06-5306 Bowles v. Russell
An untimely notice of appeal is ineffective to confer jurisdiction, even if it is filed in reliance upon a District Court’s order. The taking of ...
Read More »05-1284 Watson v. Philip Morris Companies, Inc.
The fact that a federal agency directs, supervises, and monitors a company’s activities in considerable detail does not bring that company within 28 U.S.C. 1442(a)(1)’s ...
Read More »06-2170 Reynolds v. Jamison
Where a police officer indisputably had probable cause to arrest the plaintiff, the district court properly barred further discovery and granted summary judgment to the ...
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