jurisdiction

WV Federal Courts Address ERISA Preemption, Jurisdiction

Jeffrey V. Mehalic
January 03, 2009 11:00

Two recent decisions from federal courts in West Virginia illustrate some procedural and substantive pitfalls that can arise in ERISA cases. In Conner v. Elkem Metals Co., 2008 WL 5122197 (S. D. W. Va. 2008), which originated in the Southern District, Conner retired in 2000 and was told by an...

State Immunity: Germany Institutes Proceedings Against Italy Before the ICJ

December 24, 2008 10:52

The “legal saga” that involved in recent years the Federal Republic of Germany, brought before Italian courts in a number of judicial cases regarding civil claims for atrocities committed during WWII (see our previous post here, and the ones on similar issues in other countries by Marta...

JURISDICTION: Subject matter, Indiana contract -- LYNN V. DIGITAL LIFESTYLES, LLC (COA 11/14/2008)

December 24, 2008 02:49

LYNN V. DIGITAL LIFESTYLES, LLC JURISDICTION: Subject matter, Indiana contract EVIDENCE: Spoliation of Evidence 2007-CA-002442 PUBLISHED: AFFIRMING PANEL: LAMBERT JAMES PRESIDING; HENRY, NICKELL CONCUR JEFFERSON CIR. COURT DATE RENDERED: 11/14/2008 The Court affirmed a judgment of the circuit court...

District court jurisdiction and forcible retainer: COFFEY V. KEHOE ROCK AND STONE, LLC (COA 10/31/2008)

December 23, 2008 02:13

COFFEY V. KEHOE ROCK AND STONE, LLC PROPERTY: Forcible detainer, district court jurisdiction 2007-CA-001695 PUBLISHED: REVERSING AND REMANDING PANEL: CAPERTON PRESIDING; KELLER, NICKELL CONCUR GREENUP COUNTY DATE RENDERED: 10/31/2008 On discretionary review, the Court reversed and remanded with...

Appellate Watch: Are Domain Names "Property" That Can Be Seized Under State Forfeiture Laws?

Jeffrey D. Neuburger
December 11, 2008 11:38

That's the interesting issue that a Kentucky appeals court will consider on Friday in an interlocutory appeal from the ruling of a Kentucky trial court. In Commonwealth v. 141 Internet Domain Names, Case No. 08-CI-1409 (Ky Cir. Ct., Oct. 16, 2008), a Kentucky trial court ruled that Kentucky courts...