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Tag Archives: jurisdiction

09-846 U.S. v. Tohono O’Odham Nation

Civil Procedure Court of Federal Claims; jurisdiction Two suits are for or in respect to the same claim, precluding CFC jurisdiction, if they are based on substantially the same operative facts, regardless of the relief sought in each suit. Since 1868, Congress has restricted the jurisdiction of the CFC and its predecessors when related actions are pending else-where. Keene Corp. ...

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2010AP755, 2010AP756 Panenka v. Panenka

Civil Procedure Small claims; jurisdiction This is an appeal of two small claims judgments. Both were awarded to Kristine Panenka for reimbursement of money given to her sister, Kimberly Panenka. Kimberly appeals both judgments. She contends that because they add up to more than $5000, they exceed the jurisdictional limit for small claims. She also argues that the trial court ...

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09-3434 Bausch v. Stryker Corporation, et al.

Civil Procedure Jurisdiction; preemption; Class III medical device; dismissal with prejudice In a diversity action where plaintiff alleges injury by a hip replacement, a Class III medical device under the federal Food Drug and Cosmetic Act, under Illinois common law for negligence and strict liability for a defective product, the trial court erred when it held that her common-law claims ...

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2009AP2099 Admiral Insurance Company v. Paper Converting Machine Company (PCMC), et al.

Civil Procedure Appeals; jurisdiction Admiral Insurance Company and Chubb Custom Insurance Company appeal a judgment dismissing their claims against their insured, Paper Converting Machine Company. We initially decided the appeal on the merits, including the following language in a footnote: Admiral and Chubb purport to appeal from a judgment entered July 8, 2009 that, “[b]ased on the court’s Decision of ...

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