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Civil Practice: Dismissal-Docket Sheet Entry-Jurisdiction
Where appellant challenged the dismissal with prejudice of her petition against respondent and a bank for claims including conversion and fraud, the dismissal by docket sheet entry did not meet the requirements of Rule 74.01(a) and was not a judgment, so the court retained jurisdiction and erred by then entering its judgment based solely on […]
Bankruptcy: Standing-Jurisdiction
Where parties to a bankruptcy proceeding disputed whether claims against the creditors were barred by an injunction against claims that interfered with the implementation of the bankruptcy plan, the dismissal of the federal claims for lack of standing is affirmed, and the court thus lacked supplemental jurisdiction over the state law claims. Judgment is affirmed. […]
Civil Practice: ERISA-Religious Exemption-Jurisdiction
Where a nurse challenged the ERISA plan of her religiously affiliated hospital employer as underfunded and in violation of the law, and the district court dismissed the case for lack of jurisdiction, the appellate court holds that whether a plan is an ERISA plan is an element of the plaintiff’s case and not a jurisdictional […]
Administrative Law: Farm Ownership-Quiet Title-Jurisdiction
Where farm owners, who brought a quiet title action in North Dakota against defendants who claimed an interest in the farm, challenged the dismissal of their advocacy proceeding in which they sought a declaratory judgment that they held legal and equitable title, the state court had concurrent jurisdiction to decide the quiet title action and […]
Employment: Retaliatory Discharge-Jurisdiction Front Pay
Where appellants challenged a judgment entered on a jury verdict in favor of respondent on her retaliatory discharge claim, the cause of action arose out of Missouri and an appellant purposefully availed itself of the privilege of conducting activities in Missouri to establish minimum contacts, so jurisdiction was proper, and the evidence sufficiently showed that […]
Civil Practice: Jurisdiction-Interpleader Action
Where appellant challenged a judgment following a bench trial in an interpleader action that awarded his former wife and respondent certain proceeds from the sale of real property, counterclaims and cross claims remained pending against unserved parties, so the judgment was not final and appealable, and the appeal is dismissed for lack of jurisdiction. Dismissed. […]
Criminal Law: Habeas Relief-Successive Petition-Jurisdiction
Where a defendant challenged the denial of his third successive federal habeas corpus petition from his state law murder conviction, the district court properly found that it lacked jurisdiction to hear the petition because the defendant failed to establish by clear and convincing evidence that it was more likely than not that no reasonable jury […]
Immigration: Removal-Motion to Terminate-Jurisdiction
Where a petitioner from Mexico sought review of an order dismissing his appeal, the challenge to the agency’s jurisdiction regarding removal proceedings was foreclosed by precedent, so the petition is denied. Petition denied. Galarza-Sanchez v. Barr (MLW No. 74578/Case No. 19-1967 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Petition for review […]
Civil Practice: Jurisdiction-Attorneys’ Fees
Where homeowners sought damages from a basement-waterproofing company connected to the installation of a basement-sealing system, asserting claims that included a violation of the Missouri Merchandising Practices Act and a related request for attorneys’ fees, the judgment did not dispose of the attorney-fee issue, so trial court retained jurisdiction to dispose of the issue, and […]
Probate: Trusts-Prior State Court Judgment-Jurisdiction
Plaintiff appealed from the dismissal of his action raising claims from a prior Minnesota state court judgment. Where district courts lacked authority to review state court judgments, the district court correctly dismissed plaintiff’s complaint for lack of jurisdiction. Judgment is affirmed. Richter v. Richter (MLW No. 74465/Case No. 19-2314 – 2 pages) (U.S. Court of […]
Immigration: Removal-Jurisdiction-Evidence of Eligibility for Cancellation of Removal
Petitioner, a citizen of Mexico, petitioned for review of an order that denied his motion to remand based on new evidence that allegedly established petitioner’s eligibility for cancellation of removal, and rejected petitioner’s argument that the agency lacked jurisdiction to order his removal. Where petitioner’s challenge to the agency’s jurisdiction had been foreclosed by precedent, [&he[...]
Immigration: Removal Proceedings-Motion to Terminate-Jurisdiction
Petitioner petitioned for review of the order dismissing his interlocutory appeal from the decision of an immigration judge denying his motion to terminate removal proceedings. Where the Board of Immigration Appeals lacked jurisdiction, it correctly dismissed petitioner’s appeal from the denial of his motion to terminate. Petition is dismissed. Ojeda-Hernandez v. Barr (MLW No. 74283/Case [&helli[...]
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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