$14.5 Million Judgments Lost for Lack of Jurisdiction
“Stateless” citizens can’t use federal courts for jurisdiction based on diversity of citizenship
A citizen domiciled in Haiti cannot sue a defendant domiciled in Maine and claim federal court jurisdiction based on diversity of citizenship because of an “arcane” exception to the general rule allowing a citizen of one state to sue a citizen of another state in federal court. But it was enough to cause a federal District Court in Maine to throw out two defamation verdicts totaling $14.5 million when the defendant raised the issue after losing a “long, arduous” trial. (
Unincorporated Association Can’t Hold Title to Real Estate
North Dakota Supreme Court refuses to make exception to recognize deed from former owner
The Supreme Court of North Dakota has refused to create an exception to the general rule that an unincorporated association may not hold title to real estate under state law. It has denied a request by a nonprofit association to make an exception to recognize a deed the association claimed it received from the former owner. (The Next Step v. Redmon, Supreme Ct., ND, No. 20150333, 5/26/16.)
National may be liable for chapter’s failure after all
The national Council for American-Islamic Relations Action Network may be liable for the failures of the unlicensed “attorney” for a local chapter after all. The Circuit Court of Appeals for the District of Columbia has reversed a trial court decision dismissing claims by individuals who were not served even though they had paid the “attorney” to help them.
Planning committee can’t contest use of gift
A “planning committee” advising the Kent State University Foundation on the use of funds for a symposium lacks standing to challenge the Foundation’s decision to suspend the symposium, an appellate court in Ohio has ruled. It has affirmed a trial court decision that the committee was not a third-party beneficiary of the original gift agreement and had no standing to enforce the terms of the agreement.