Forum shopping is a colloquial term for the practice of litigants having their legal case heard in the court thought most likely to provide a favorable judgment. Some jurisdictions have, for example, become known as "plaintiff-friendly" and so have attracted litigation even when there is little or no connection between the legal issues and the jurisdiction in which they are to be litigated.
An abstention doctrine is any of several doctrines that a United States court may apply to refuse to hear a case if hearing the case would potentially intrude upon the powers of another court. Such doctrines are usually invoked where lawsuits involving the same issues are brought in two different court systems at the same time.
Amount in controversy is a term used in civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount before that court may hear the case.
Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398 (1964), was a United States Supreme Court case that determined that the policy of United States federal courts would be to honor the Act of State Doctrine, which dictates that the propriety of decisions of other countries relating to their internal affairs would not be questioned in the courts of the United States.
England v. Louisiana State Board of Medical Examiners, 375 U.S. 411 (1964), was a United States Supreme Court decision that refined the procedures for U.S. federal courts to abstain from deciding issues of state law, pursuant to the doctrine set forth in Railroad Commission v. Pullman Co., 312 U.S. 496 (1941).
Alperin v. Vatican Bank was an unsuccessful class action suit by Holocaust survivors brought against the Vatican Bank and the Franciscan Order filed in San Francisco, California, on November 15, 1999. The case was initially dismissed as a political question by the District Court for the Northern District of California in 2003, but was reinstated in part by the Court of Appeals for the Ninth Circuit in 2005. That ruling attracted attention as a precedent at the intersection of the Alien Tort Claims Act (ATCA) and the Foreign Sovereign Immunities Act (FSIA).
Exxon Mobil Corp. v. Saudi Basic Industries Corp., 544 U.S. 280 (2005), is a United States Supreme Court case in which the Court clarified the Rooker-Feldman doctrine and its relation to preclusion and concurrent jurisdiction.
Burford v. Sun Oil Co., 319 U.S. 315 (1943), was a United States Supreme Court case in which the Court created a new doctrine of abstention.
The Supreme Court of the United States handed down sixteen per curiam opinions during its 2005 term, which lasted from October 3, 2005 until October 1, 2006.
World-Wide Volkswagen Corp v. Woodson, 444 U.S. 286 (1980), is a United States Supreme Court case involving strict products liability, personal injury and various procedural issues and considerations. The 1980 opinion, written by Justice Byron White, is included in the first-year civil procedure curriculum at nearly every American law school for its focus on personal jurisdiction.
The Kano trovafloxacin trial litigation arose out of a clinical trial conducted by the pharmaceutical company Pfizer in 1996 in Kano, Nigeria, during an epidemic of meningococcal meningitis. To test its new antibiotic, trovafloxacin (Trovan), Pfizer gave 100 children trovafloxacin, while another 100 received the gold-standard anti-meningitis treatment, ceftriaxone, a cephalosporin antibiotic. Pfizer gave the children a substantially reduced dose of the ceftriaxone relative to that described on the US FDA-approved prescribing information. The allegation is that this was done to skew the test in favor of its own drug. Pfizer claimed that the dose used was sufficient even though a clinical trial performed by Médecins Sans Frontières recommends a dose of 50-100mg/kg.
Parallel litigation is a scenario in which different courts are hearing the same claim(s). In the United States, parallel litigation is a consequence of its system of "dual sovereignty, in which both state and federal courts have personal jurisdiction over the parties. A major exception to this rule is that a second parallel In rem proceeding will be enjoined by the first court to obtain jurisdiction, as it has already been drawn into constructive possession of the object of the dispute.
Dudnikov v. Chalk & Vermilion Fine Arts, Inc., 514 F.3d 1063, was decided by the Tenth Circuit in January 2008. The Tenth Circuit overturned a dismissal granted by the District Court upon a motion to dismiss for lack of personal jurisdiction under FRCP12(b)(2). Dudnikov addresses the issues that arise regarding personal jurisdiction and the internet, applying standards set by the Supreme Court of the United States in a line of cases that progressively defined the doctrine and its scope in light of the Fourteenth Amendment.
Winters v. United States, 207 U.S. 564 (1908), was a United States Supreme Court case clarifying water rights of American Indian reservations. This doctrine was meant to clearly define the water rights of American Indians in cases where the rights were not clear. The case was first argued on October 24, 1907, and a decision was reached January 6, 1908. This case set the standards for the United States government to acknowledge the vitality of American Indian water rights, and how rights to the water relate to the continuing survival and self-sufficiency of American Indian people.
Coons v. Geithner is a lawsuit filed on August 12, 2010, by the Goldwater Institute as a constitutional challenge to the Patient Protection and Affordable Care Act legislation passed in March 2010. The lawsuit was dismissed on December 19, 2012.
Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1 (1983), commonly cited as Moses Cone or Cone Hospital, is a United States Supreme Court decision concerning civil procedure, specifically the abstention doctrine, as it applies to enforcing an arbitration clause in a diversity case. By a 6–3 margin, the justices resolved a complicated construction dispute by ruling that a North Carolina hospital had to arbitrate a claim against the Alabama-based company it had hired to build a new wing, even though it meant that it could not consolidate it with ongoing litigation it had brought in state court against the contractor and architect.
The McCarran Amendment, 43 U.S.C. § 666 (1952) is a federal law enacted by the United States Congress in 1952 which waives the United States' sovereign immunity in suits concerning ownership or management of water rights. It amended Chapter 15 of Title 43 of the United States Code. The McCarran Amendment gives others the right to join in such a lawsuit as a defendant. Prior to the Amendment, sovereign immunity kept the United States from being joined in any suits. The Amendment enabled suits concerning federal water rights to be tried in state courts.
Mt. Healthy City School District Board of Education v. Doyle, 429 U.S. 274 (1977), often shortened to Mt. Healthy v. Doyle, was a unanimous U.S. Supreme Court decision arising from a fired teacher's lawsuit against his former employer, the Mount Healthy City Schools. The Court considered three issues: whether federal-question jurisdiction existed in the case, whether the Eleventh Amendment barred federal lawsuits against school districts, and whether the First and Fourteenth Amendments prevented the district, as a government agency, from firing or otherwise disciplining an employee for constitutionally protected speech on a matter of public concern where the same action might have taken place for other, unprotected activities. Justice William Rehnquist wrote the opinion.
Louisiana Power & Light Co. v. City of Thibodaux, 360 U.S. 25 (1959), was a case in which the Supreme Court created a new doctrine of abstention.
Our Children's Trust (OCT) is an American nonprofit organization based in Oregon that has filed several lawsuits on behalf of youth plaintiffs against governments, arguing that they are infringing on the youths' rights to a stable climate system.
