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Apr 27, 2020

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 […]

Apr 27, 2020

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. […]

Apr 10, 2020

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 […]

Apr 6, 2020

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 […]

Mar 11, 2020

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 […]

Mar 11, 2020

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. […]

Mar 11, 2020

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 […]

Mar 10, 2020

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 […]

Feb 4, 2020

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 […]

Feb 3, 2020

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 […]

Jan 17, 2020

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[...]

Dec 17, 2019

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[...]

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