Federal Jurisdiction

Dynex Capital Inc. v. Quilling

In this decades-long dispute arising from breach-of-contract litigation against the plaintiff, the court will abstain from exercising jurisdiction over the plaintiff’s claim for declaratory judgment, due to litigation already pending in Texas state court. First, Texas has a greater interest… Read More ›

Gilmore v. Jones (P)

Plaintiff Brennan Gilmore was among hundreds of individuals who gathered in Charlottesville, Virginia on August 12, 2017 to protest various white supremacist and neo-Nazi groups participating in the “Unite the Right” rally. In footage he recorded that day, he captured… Read More ›

Bush v. Lawrence

The court has jurisdiction to hear the plaintiff’s suit against the trustee of her late husband’s trust. One of the trust defendants’ attorneys is likely to serve as a witness and thus may not serve as an advocate at trial… Read More ›

Burrell v. Bayer Corp. (P)

In this North Carolina personal-injury suit, the plaintiff’s claims seeking damages for violation of state tort and products-liability law do not fall within the small class of cases in which state-law claims arise under federal law for purpose of federal-question… Read More ›

Kuntze v. Josh Enters. Inc.

In this wage-and-hour case, 4th Circuit precedent suggests that the half-time calculation of the “fluctuating workweek” payment method can apply to calculate damages in willful misclassification cases if all requirements for its application are satisfied. However, it would be premature for… Read More ›

Harris v. Edem

A defendant who has received a discharge in bankruptcy does not become a nominal party for purposes of diversity and removal jurisdiction. In this personal injury suit, both parties are citizens of Virginia. The defendants maintain that, by virtue of… Read More ›