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The Supreme Court affirmed two orders of the circuit court dismissing Plaintiff’s complaint against the City of Shepherdstown and Shepherdstown University for malicious prosecution and intentional infliction of emotional distress, holding that Plaintiff’s appeals were without merit. In its first order, the circuit court granted the City’s motion to dismiss. In its second order, the court granted the University’s motion for judgment on the pleadings. The two dismissal orders were nearly identical. The circuit court determined that Plaintiff’s complaint failed to establish a claim of malicious prosecution and a claim of intentional infliction of emotional distress. The Supreme Court affirmed, holding that the complaint failed to set forth sufficient allegations to sustain Plaintiff’s claims against the City and the University. View "Goodwin v. City of Shepherdstown" on Justia Law

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The Supreme Court vacated the order of the circuit court granting declaratory relief in favor Berkeley County on the County’s suit against the City of Martinsburg seeking a ruling that real property owned by the County but located within the City limits was not subject to the City’s zoning ordinances, holding that the circuit court’s order was advisory in that it lacked a justiciable controversy sufficient to confer jurisdiction under the Uniform Declaratory Judgment Act. In vacating the circuit court’s order, the Supreme Court noted that the complaint revealed no actual, justiciable controversy because there was no specific project, building, or property identified by the County. Rather, the underlying suit claimed to apply generally to all real property owned by the County that may be involved in future, unspecified projects. The Court held that, under these circumstances, the circuit court engaged in an academic exercise, and its order amounted to an advisory opinion and, therefore, must be vacated. View "City of Martinsburg v. Berkeley County Council" on Justia Law

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The Supreme Court dismissed Appellant’s appeal from an order entered in the circuit court dismissing without prejudice Appellant’s pro se civil rights complaint for failure to provide proof of service in compliance with Ark. R. Civ. P. 4(i)(1), holding that the order appealed from was not final. The Supreme Court noted that a plaintiff who has had his case dismissed without prejudice under Rule 4(i) may refile those claims. Because this was the first dismissal of Appellant’s underlying complaint, his complaint may be refiled under the provisions of Ark. R. Civ. P. 41. Therefore, the Court held that there was no final order on the merits and this Court did not have appellate jurisdiction. View "Nooner v. Kelley" on Justia Law

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A son opened joint checking and savings accounts with his father. A few years later the son was injured in a car accident, settled his claim against the other driver, and deposited the settlement check into his joint savings account. A creditor of the father later levied the joint accounts and obtained approximately $90,000 - essentially all of it traceable to the son’s settlement money - in partial satisfaction of the creditor’s judgment against the father. The son intervened in the collection action, arguing that the money should be returned to him because he was the equitable owner of the funds in the accounts. After the superior court’s evidentiary hearing on the son’s claims, but before the court issued its ruling, the son sent a letter asking the court to consider AS 13.33.201-.227 as supplemental legal authority. Without mentioning the statutes the son cited, the superior court subsequently held by a preponderance of the evidence that the creditor could levy the joint accounts in their entireties because the financial institution’s account agreement the father and son signed provided that they each owned the accounts “jointly and equally . . . regardless of their net contributions.” The Alaska Supreme Court vacated the superior court’s decision and remanded for further proceedings because: (1) the son did not waive his argument regarding AS 13.33.211’s applicability; (2) the statute applied to determine the ownership interests of joint account owners in a dispute involving a third-party creditor; and (3) the correct standard of proof was not applied and the requisite statutory findings were not made. View "Schacht v. Kunimune" on Justia Law

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PetroChina Canada bought ten large heat-exchanger units from Kelvion’s Oklahoma plant for use in PetroChina’s oil and gas operations. Their contract included a mandatory forum-selection clause subjecting the parties to Canadian jurisdiction. After a dispute over unanticipated delivery costs that PetroChina refused to pay, Kelvion brought suit in Oklahoma. It asserted quantum meruit and unjust enrichment claims, arguing the forum-selection clause did not apply to its equitable claims. The district court disagreed, concluding the forum-selection clause applied, and dismissed the suit under the doctrine of forum non conveniens. Finding no error in judgment, the Tenth Circuit affirmed the district court’s dismissal for forum non conveniens. View "Kelvion, Inc. v. PetroChina Canada Ltd." on Justia Law

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Steven Christopher Jones ("Chris Jones") appealed a circuit court judgment entered in favor of Tammy Brewster and Jeffrey Eugene Brewster in a will contest filed by Jones concerning the will of his father, Mike Jones. Chris Jones filed his will contest in the probate court because the probate court had not admitted the will to probate and had not appointed a personal representative of Mike Jones's estate. Contemporaneously with the will-contest complaint, Chris Jones filed a motion to transfer the will contest to the circuit court. Thus, he sought to invoke the circuit court's jurisdiction pursuant to section 43-8-198, Ala. Code 1975. The probate court certified the probate-court record to the circuit court, the circuit-court clerk docketed the case, and the circuit court held a trial. The Alabama Supreme Court determined the record, however, was devoid of a transfer order from the probate court, thereby depriving the circuit court subject-matter jurisdiction. Because the probate court did not enter a transfer order in this case, "the procedural requirements of 43-8-198 were not satisfied, and, as a result, the circuit court never obtained jurisdiction over the will contest." Therefore, the judgment of the circuit court was void and would not support Chris Jones's appeal. Accordingly, the Supreme Court dismissed the appeal. View "Jones v. Brewster" on Justia Law

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Under the Ethics in Government Act of 1978, candidates for certain offices, including the Presidency, must file financial disclosures with the Federal Election Commission, 5 U.S.C. 103(e). A presidential candidate’s financial disclosure must include the “identity and category of the total liabilities owed to any creditor.” Reviewing officials determined that then-candidate Trump’s disclosures were “in apparent compliance.” Lovitky alleged that the disclosure included both personal and business liabilities, in violation of the Act, which “requires disclosure of only those liabilities for which candidates are themselves liable . . . or for which the spouse or dependent child of the candidate are liable.” Candidate Trump, Lovitky argued, “obscured his liabilities by commingling them with the liabilities of business entities.” Lovitky sought an order requiring amendment of the report. The D.C. Circuit affirmed the dismissal of the case for lack of subject-matter jurisdiction. The only possible basis of jurisdiction, the Mandamus Act, 28 U.S.C. 1361, refers to actions “to compel an officer of the United States to perform his duty.” The Ethics Act obligation is not a “duty” under the Mandamus Act, which includes only those obligations that pertain to a defendant’s public office. Detaching the duty from the office could lead to serious incongruities. For example, where an officer is sued in his official capacity, FRCP 25(d) automatically substitutes as defendant the official’s successor in office, so that, under the Ethics Act, a public official could be compelled to perform the personal financial disclosure duties of his predecessor. View "Lovitky v. Trump" on Justia Law

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In 2010, the widow of a Taiwanese plastics magnate and billionaire filed suit against the trusts created before her husband's death, alleging that the transfer of a large portion of her husband's assets to the trusts unlawfully denied her the full marital estate to which she was entitled. The district court ultimately granted, subject to conditions, the trusts' motion to dismiss the complaint on forum non conveniens grounds. The DC Circuit reversed and remanded, holding that the district court failed to give appropriate weight to the widow's legitimate choice of forum and erred in concluding that the private interest factors weighed slightly in favor of dismissal and in overemphasizing the public interest factors in deciding to dismiss this case on forum non conveniens grounds. In this case, the trusts failed to meet its heavy burden of showing that suit in the United States was so inconvenient as to be harassing, vexing, or oppressive. The court held that, the district court's errors, considered together, constituted a clear abuse of discretion. View "Shi v. New Mighty U.S. Trust" on Justia Law

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The Fourth Circuit held that the district court erred in denying plaintiffs' motion to remand their case to state court and deciding Bayer's motion to dismiss in an action seeking damages for violations of North Carolina tort and products liability law. The court held that plaintiffs' action did not fall within the small class of cases in which state law claims may be deemed to arise under federal law for purposes of conferring federal jurisdiction under 28 U.S.C. 1331. Accordingly, the court vacated the district court's judgments and remanded with instructions that the action be remanded to North Carolina state court. View "Burrell v. Bayer Corp." on Justia Law

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Arturo Aguilar appealed the Findings of Fact and Conclusions of Law and Order of the Idaho Industrial Commission in which it concluded the Idaho Industrial Special Indemnity Fund (ISIF) was not liable to him for worker’s compensation benefits. Aguilar was born in Mexico, spoke limited English and testified through a translator at his hearing. Aguilar, in the words of the Commission, is “a Mexican National and has resided illegally in the United States since approximately 1986.” Married, Aguilar and his wife had two daughters, the eldest of whom had cerebral palsy and was seriously disabled. Aguilar primarily worked as a manual laborer, including agricultural work, ranch work, and, for the last fifteen to sixteen years prior to the injury giving rise to this claim, concrete and cement work. During this latter line of employment, Aguilar sustained multiple back injuries. On December 11, 2006, Aguilar suffered another low back injury while screeding concrete. Following this latter injury, Aguilar was diagnosed with degenerative disc disease and a disc herniation at the L4-5 level of his spine. Because he was unable to get his pain to abate, he underwent back surgery, which resulted in the fusion of the L4-5 level of Aguilar’s spine. The Industrial Commission (the Commission) found that Aguilar was totally and permanently disabled and that he had pre-existing impairments that constituted subjective hindrances to his employment. However, the Commission rejected Aguilar’s claim that the ISIF was liable for benefits. Specifically, the Commission found Aguilar’s limitations and restrictions had not materially changed following the second injury. Having drawn that conclusion, the Idaho Supreme Court determined the Commission failed to apply the correct legal test in analyzing the ISIF’s liability. The Court also determined the Commission erred by failing to apply the disjunctive test for causation as set out in Idaho Code section 72-332. As a result of these two errors, the order set out in the Commission’s decision was vacated, and the case remanded for further proceedings. View "Aguilar v. Idaho ISIF" on Justia Law