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Articles 631 - 660 of 750

Full-Text Articles in Jurisdiction

Civil Procedure--Jurisdiction--The West Virginia Long-Arm Statute, John A. Rollins Apr 1977

Civil Procedure--Jurisdiction--The West Virginia Long-Arm Statute, John A. Rollins

West Virginia Law Review

In 1957 the West Virginia legislature enacted a statute which provides that in certain instances foreign corporations would be deemed to be doing business in this state for the purpose of service of process. In enacting this "long-arm" statute, West Virginia joined many other states in taking advantage of the United States Supreme Court's decisions that expanded the extent to which states could exercise personal jurisdiction over nonresidents within the limits of due process. However, upon comparing the jurisdiction afforded by the West Virginia statute to that exercised under other long-arm statutes, it becomes apparent that this state has taken …


The Erosion Of Erie In The Federal Courts: Is State Law Losing Ground?, David A. Thomas Mar 1977

The Erosion Of Erie In The Federal Courts: Is State Law Losing Ground?, David A. Thomas

BYU Law Review

No abstract provided.


Rule 14(A) And Ancillary Jurisdiction: Plaintiff's Claim Against Non-Diverse Third-Party Defendant Jun 1976

Rule 14(A) And Ancillary Jurisdiction: Plaintiff's Claim Against Non-Diverse Third-Party Defendant

Washington and Lee Law Review

No abstract provided.


An Intermediate National Appellate Court: Solution Or Diversion, Stephen C. White Jan 1976

An Intermediate National Appellate Court: Solution Or Diversion, Stephen C. White

Villanova Law Review (1956 - )

No abstract provided.


Federal Practice And Procedure, Martin J. Kane Jan 1976

Federal Practice And Procedure, Martin J. Kane

Villanova Law Review (1956 - )

No abstract provided.


Long-Arm Wrestling With Pennsylvania's Jurisdiction Over Nonresident Individuals: The Reach Of Section 8305, Don O. Burley Jan 1976

Long-Arm Wrestling With Pennsylvania's Jurisdiction Over Nonresident Individuals: The Reach Of Section 8305, Don O. Burley

Villanova Law Review (1956 - )

No abstract provided.


Recent Developments, Various Editors Jan 1976

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Federal Rules Of Civil Procedure--Use Of Rule 23 Restricted, Charles J. Kaiser Jr. Jun 1974

Federal Rules Of Civil Procedure--Use Of Rule 23 Restricted, Charles J. Kaiser Jr.

West Virginia Law Review

No abstract provided.


Jurisdiction: Federal Court, Federal Question; Taxation: State; Tribal Courts: Judicial Immunity; Indian Civil Rights Act: Federal Jurisdiction; Rights Of Way: Railroads; Jurisdiction, Federal Courts: Exhaustion Of Tribal Remedies; Equal Protection: Illegitimates; Civil Procedure: Full Faith And Credit Jan 1974

Jurisdiction: Federal Court, Federal Question; Taxation: State; Tribal Courts: Judicial Immunity; Indian Civil Rights Act: Federal Jurisdiction; Rights Of Way: Railroads; Jurisdiction, Federal Courts: Exhaustion Of Tribal Remedies; Equal Protection: Illegitimates; Civil Procedure: Full Faith And Credit

American Indian Law Review

No abstract provided.


Assignments And Transfers Affecting Federal Diversity Jurisdiction, Barry E. Wolf Aug 1972

Assignments And Transfers Affecting Federal Diversity Jurisdiction, Barry E. Wolf

Washington Law Review

This comment examines the application of section 1359 to assignments and transfers which affect federal diversity jurisdiction. Throughout the following discussion, the focus is directed toward the determination of more uniform standards for the interpretation of the statute. The purpose of section 1359, from which general guidelines may be drawn, is examined in part I. Part II includes a survey of cases which have dealt with assignments and transfers to invoke or defeat federal diversity jurisdiction. Certain factors the courts have relied on, and certain rules they have developed, in attempting to answer the questions posed above will be explained, …


Recent Legislation, J. Rodney Johnson Jan 1972

Recent Legislation, J. Rodney Johnson

University of Richmond Law Review

The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.


Preserving Objections To In Personam Jurisdiction - Ohio's Persistent Shibboleth, J. Patrick Browne Jan 1972

Preserving Objections To In Personam Jurisdiction - Ohio's Persistent Shibboleth, J. Patrick Browne

Cleveland State Law Review

The scenario is commonplace: Plaintiff causes summons to be served on the defendant. The defendant believes the summons is fatally defective, or the service is faulty, or that, for some reason or another, the court in which the action is brought cannot lawfully obtain jurisdiction over his person. Accordingly, he files a motion to quash and set aside the summons, or a motion to dismiss for want of in personam jurisdiction. As so frequently happens, the court does not quite see the wisdom of defendant's position, and overrules the motion. Usually, the court's journal entry will note that the defendant's …


Long Arm Jurisdiction- Transacting Business Means Minimum Contacts In Virginia Jan 1972

Long Arm Jurisdiction- Transacting Business Means Minimum Contacts In Virginia

University of Richmond Law Review

Virginia's "long arm" statute is designed to increase the jurisdictional power of this state so as to provide adequate redress in Virginia courts against persons who inflict injuries upon or incur obligations to those in whose welfare this state has a legitimate interest. Section 8-81.2 (a) (1) of the Virginia Code vests the courts of this state with personal jurisdiction over a person who acts directly or by an agent as to a cause of action arising from that person transacting any business in this state. Recently the Virginia Supreme Court has construed this section to provide Virginia's courts with …


The Pennsylvania Long-Arm: An Analytical Justification, Thomas B. Erekson Jan 1971

The Pennsylvania Long-Arm: An Analytical Justification, Thomas B. Erekson

Villanova Law Review (1956 - )

No abstract provided.


Federal Rules Of Civil Procedure--Ancillary Jurisdiction--Third-Party Defendant's Counterclaim Against Plaintiff Without An Independent Basis Of Federal Jurisdiction, W. Stokes Harris Jr. Jan 1970

Federal Rules Of Civil Procedure--Ancillary Jurisdiction--Third-Party Defendant's Counterclaim Against Plaintiff Without An Independent Basis Of Federal Jurisdiction, W. Stokes Harris Jr.

Kentucky Law Journal

No abstract provided.


The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers Jan 1970

The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers

Publications

No abstract provided.


Federal Removal And Injunction To Protect Political Expression And Racial Equality: A Proposed Change, Christopher B. Mueller Jan 1969

Federal Removal And Injunction To Protect Political Expression And Racial Equality: A Proposed Change, Christopher B. Mueller

Publications

No abstract provided.


Contempt-Injunctions-Federal Civil Contempt Decree Orders Deputy Sheriff To Resign From Office-Lance V. Plummer, Michigan Law Review Jan 1967

Contempt-Injunctions-Federal Civil Contempt Decree Orders Deputy Sheriff To Resign From Office-Lance V. Plummer, Michigan Law Review

Michigan Law Review

During the summer of 1964, a federal district judge issued an injunction prohibiting various St. Augustine, Florida organizations and other persons with notice of the injunction from harassing or intimidating Negroes who were seeking motel or restaurant accommodations. Appellant Lance, an unpaid volunteer deputy sheriff, was not a member of any of the enjoined organizations, but he had actual notice of the order. Nonetheless, six days after the injunction was issued, he engaged in activities designed to intimidate a Negro citizen. In a subsequent civil contempt action arising from these activities, the federal district judge, asserting jurisdiction over him because …


Abstracts Of Recent Cases, John Welton Fisher Ii Apr 1966

Abstracts Of Recent Cases, John Welton Fisher Ii

West Virginia Law Review

No abstract provided.


Determination Of Federal Jurisdictional Amount In Suits On Unliquidated Claims, Michigan Law Review Mar 1966

Determination Of Federal Jurisdictional Amount In Suits On Unliquidated Claims, Michigan Law Review

Michigan Law Review

Hoping to keep federal court dockets free of petty claims and thereby to reduce the delay in bringing to trial controversies involving more substantial sums, Congress has given United States district courts jurisdiction of many civil actions arising under the Constitution, laws, or treaties of the United States and most disputes between parties of diverse citizenship only when the alleged right forming the basis of a claimant's cause of action can be valued at more than ten thousand dollars. The value of a particular claim is determined by reference to those portions of its proponent's pleading which tend to support …


Service Of Process-Federal Rules Of Civil Procedure-Service Of Process In Italy On Alien Corporate Defendant Permitted In A Federal Antitrust Action-Hoffman Motors Corp. V. Alfa Romeo S.P.A.., Michigan Law Review Jan 1966

Service Of Process-Federal Rules Of Civil Procedure-Service Of Process In Italy On Alien Corporate Defendant Permitted In A Federal Antitrust Action-Hoffman Motors Corp. V. Alfa Romeo S.P.A.., Michigan Law Review

Michigan Law Review

Plaintiff, an American automobile distributor, brought suit in a federal court in the Southern District of New York against Alfa Romeo S.p.A., an Italian corporation, for violation of the Robinson- Patman and Auto Dealers' Acts. Service of process was made personally on defendant's general manager in Italy by an Italian attorney appointed for that purpose by the district court, and by registered mail as prescribed by the New York statute for extraterritorial service. Defendant moved to dismiss for lack of personal jurisdiction as to the Robinson-Patman claim on the ground that section 12 of the Clayton Act limits the territorial …


Federal Jurisdiction--Citizenship In A Class Or Entity Action, Boyd Lee Warner Jun 1964

Federal Jurisdiction--Citizenship In A Class Or Entity Action, Boyd Lee Warner

West Virginia Law Review

No abstract provided.


Revitalization Of The International Judicial Assistance Procedures Of The United States: Service Of Documents And Takings Of Testimony, Richard F. Gerber Jun 1964

Revitalization Of The International Judicial Assistance Procedures Of The United States: Service Of Documents And Takings Of Testimony, Richard F. Gerber

Michigan Law Review

This comment will examine two aspects of such judicial assistance-service. of documents and taking of testimony-and it will analyze each from the viewpoint of assistance obtained abroad in aid of American litigation as well as assistance rendered within the United States in aid of foreign litigation. It will attempt to survey some of the problems involved in securing performance of these acts, indicate the changes in current practice which are likely to result from the revisions of the Federal Rules of Civil Procedure and the proposed amendments to the Judicial Code, and, last, suggest some additional measures which might promote …


Civil Procedure- Venue-Effect Of Contract Provision Fixing Venue As To Future Litigation, Robert C. Bonges May 1964

Civil Procedure- Venue-Effect Of Contract Provision Fixing Venue As To Future Litigation, Robert C. Bonges

Michigan Law Review

Defendants, residents of Harris County, Texas, executed in Harris County a conditional sale contract to purchase a food freezer from plaintiff's assignor. One of the contract provisions was that any suit on the contract was to be tried in Travis County, Texas. Plaintiff subsequently brought an action on the contract in Travis County, and defendants, contrary to their agreement, requested the trial court to transfer the action to a court of proper jurisdiction in Harris County, which was the proper county for suit under the applicable venue statute. In response, plaintiff argued that, since the contract created an obligation performable …


Virginia's New "Long Arm" Statute, J. Westwood Smithers Jan 1964

Virginia's New "Long Arm" Statute, J. Westwood Smithers

University of Richmond Law Review

At its recent 1964 session, the General Assembly of Virginia enacted a statute which will widely expand the jurisdiction of our courts over nonresidents. The purpose of this brief editorial is to call attention to the new law, to provide a copy of it for our readers, and to make a few rather cursory comments on its significance.


Procedure--Effect Of Dismissal Of Venue-Giving Defendant, Frank Thomas Graff Jr. Dec 1963

Procedure--Effect Of Dismissal Of Venue-Giving Defendant, Frank Thomas Graff Jr.

West Virginia Law Review

No abstract provided.


The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder Jun 1963

The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder

Michigan Law Review

The new Michigan procedural laws are embodied in a revised set of statutes and court rules which became effective January 1, 1963, after a long period of study by a Joint Committee on Michigan Procedural Revision. They abolish an anachronistic distinction between procedures in law and equity, abrogate a scattered, disorganized set of rules and statutes, and create a unified, coherent procedural system.


Federal Jurisdiction-Three-Judge Courts-The Recent Evolution In Jurisdiction And Appellate Review, Peter W. Williamson S.Ed. Jun 1963

Federal Jurisdiction-Three-Judge Courts-The Recent Evolution In Jurisdiction And Appellate Review, Peter W. Williamson S.Ed.

Michigan Law Review

This comment seeks to analyze each decision against its historical background. No more than a proforma attempt will be made to integrate one decision with the others, for sufficient material is not yet available to predict with any accuracy the Court's ultimate achievements in this important area of federal civil procedure.


Federal Jurisdiction-Federal Civil Procedure-Right To Jury Trial Of Seaman's Claim For Maintenance And Cure Where Joined With Claim Under Jones Act, Edwin A. Howe Jr. Jun 1963

Federal Jurisdiction-Federal Civil Procedure-Right To Jury Trial Of Seaman's Claim For Maintenance And Cure Where Joined With Claim Under Jones Act, Edwin A. Howe Jr.

Michigan Law Review

Plaintiff seaman, having been injured while in the employ of defendant shipowner, filed an action in federal district court. Plaintiff invoked the court's federal-question jurisdiction alone, under section 1331 of the federal Judicial Code. He alleged claims for negligence under the Jones Act, for unseaworthiness, and for maintenance and cure, and demanded jury trial of all three counts. The trial court sustained the demand as to the first two counts, but ordered that the claim for maintenance and cure be tried to the judge alone, sitting as a court of admiralty. On appeal from the order denying jury trial …


Due Process--Jurisdiction--Corporate Amenability To Substitute Service Of Process, Sterl Franklin Shinaberry Dec 1962

Due Process--Jurisdiction--Corporate Amenability To Substitute Service Of Process, Sterl Franklin Shinaberry

West Virginia Law Review

No abstract provided.