Articles Posted in Civil Procedure

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The Eighth Circuit dismissed TEI's appeal of the district court's order remanding the case to state court based on lack of subject matter jurisdiction. The court dismissed the appeal for lack of appellate jurisdiction, because the court could not review the merits of the remand order, colorably characterized as based on a lack of subject matter jurisdiction, and it must stand whether erroneous or not. View "Vasseur v. TEI Construction Services, Inc." on Justia Law

Posted in: Civil Procedure

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The Eighth Circuit affirmed the district court's grant of CapDev's motion to cancel the lis pendens. The court held that the district court acted within its discretion in canceling the lis pendens as invalid under Missouri law, because the imprecise description of the property at issue did not connect it to any particular request for equitable relief. View "Enterprise Financial Group Inc. v. Podhorn" on Justia Law

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A proceeding in the district court under 8 U.S.C. 1447(b) does not become moot when the USCIS purports to deny a naturalization application after the applicant has already initiated the court proceeding. In this case, after USCIS failed to reach a decision in plaintiff's citizenship application within 120 days, he filed suit under section 1447(b) to seek a decision in the matter. While the action was pending, USCIS denied the application. Looking to the text and context of the statute, the Eighth Circuit held that USCIS's purported denial of plaintiff's naturalization application after he initiated a district court proceeding under section 1447(b) did not render the case moot. Accordingly, the court reversed and remanded for further proceedings. View "Haroun v. DHS" on Justia Law

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The Eighth Circuit affirmed the district court's orders requiring it to deposit $21 million in disputed insurance proceeds to maintain its federal statutory interpleader claim and dismissing Ronald Gean and the Estate of Jean Carol Gean for lack of personal jurisdiction in its declaratory judgment claims. The Geans are citizens of Michigan and were injured in an automobile accident in Illinois by a truck operated by Rex, a Missouri company. The court agreed with the district court that subject matter jurisdiction was lacking because Acuity did not deposit the disputed amount into the court's registry. The court rejected Acuity's argument that the district court had personal jurisdiction over the Geans. Rather, the court held that the district court lacked personal jurisdiction over the Geans in the remaining declaratory judgment action. View "Acuity v. Rex, LLC" on Justia Law

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MDI, a Minnesota nonprofit organization, and one of its members filed suit under Title III of the Americans with Disabilities Act, seeking declaratory and injunctive relief. The Eighth Circuit affirmed the district court's motion to dismiss the action based on res judicata grounds, because the action was precluded by the final judgment on the merits in a prior suit by MDI and one of its members. The court explained that the dismissal of the second suit was a product of MDI's decision to assert associational standing claims as a co-plaintiff on behalf of its members in the MDI-Testa suit and then to dismiss its representational claims on the merits. The court noted that the only nonparty individuals bound by these tactics are members of MDI at the time. View "Midwest Disability Initiative v. JANS Enterprises, Inc." on Justia Law

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FedNat, a Florida insurance company, appealed the district court's confirmation of an arbitration award in favor of Federal Mutual, a Minnesota insurance company. The Eighth Circuit vacated the district court's judgment and remanded with instructions to dismiss, holding that the district court lacked personal jurisdiction over FedNat. The court held that the district court lacked personal jurisdiction over FedNat, because it did not have the minimum contacts with Minnesota necessary for Minnesota to exercise jurisdiction under its long-arm statute. In this case, the choice-of-law provisions specifying that the forum state's laws govern were insufficient on their own to confer personal jurisdiction; the fact that the Co-Existence Agreement affected Federated Mutual in Minnesota did not subject FedNat to personal jurisdiction there; and the court's five-factor test showed that FedNat did not enter a contractual relationship that envisioned continuing and wide-reaching contacts in Minnesota. View "Federated Mutual Insurance Co. v. FedNat Holding Co." on Justia Law

Posted in: Civil Procedure

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The Eighth Circuit affirmed the district court's dismissal of plaintiffs' claims for fraud and breach of fiduciary duty against defendants as barred by the applicable Arkansas statute of limitations. In this case, plaintiffs possessed enough information in 2004 to put them on notice of any allegedly fraudulent conduct had they exercised any due diligence. Therefore, plaintiffs' tolling argument was without merit and their claims were barred by the three-year statute of limitations. View "Schmidt v. Newland & Associates PLLC" on Justia Law

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A group of customers filed suit against SuperValu after hackers accessed customer financial information from hundreds of grocery stores operated by defendant. The Eighth Circuit previously affirmed the dismissal of all but one of the suit's named plaintiffs for lack of standing and, on remand, the district court dismissed the remaining plaintiff for failure to state a claim and denied plaintiffs' motion for leave to amend. The court affirmed, holding that the district court did not abuse its discretion by denying the motion for leave to amend because plaintiffs' postjudgment motion was untimely. The court also held that the remaining plaintiff's allegations fell short of stating a claim for relief under Illinois law for negligence, consumer protection, implied, contract, and unjust enrichment. View "Alleruzzo v. SuperValu, Inc." on Justia Law

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Farmers brought an interlocutory appeal of the district court's rulings interpreting an arbitration agreement in an employment contract. The Eighth Circuit dismissed the appeal based on lack of jurisdiction, holding that when a district court enters a stay instead of a dismissal, that order is not appealable. In this case, the district court's decision stayed the case pending arbitration, but did not dismiss the claims. The court held that it lacked jurisdiction under 9 U.S.C. 16(a)(1)(B) absent an order denying arbitration outright, and the court declined to apply the collateral order doctrine to find jurisdiction in this case. View "Webb v. Farmers of North America, Inc." on Justia Law

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Four groups of prospective intervenors challenged the district court's denials of their motions to intervene in a class action lawsuit by named plaintiff Connie Jean Smith against SEECO, as well as the district court's procedures for opting-out from the class. The Eighth Circuit affirmed the district court's ruling that Charter Land's motion to intervene was untimely because it merely repeated arguments already advanced by other attempted intervenors after the class was unsuccessful. The court dismissed the remaining appeals for lack of jurisdiction because the appeals were not filed within 30 days of the district court's order denying intervention. View "Smith v. Arnett" on Justia Law