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Tag Archives: Civil Practice

Appeal dismissed over attorney non-appearance (access required)

A claimant who was denied Medicaid coverage had her appeal dismissed because the attorney who appealed the decision was representing the claimant’s authorized representative, and not the claimant. Background Frances Lynch is a resident at Oakwood Health and Rehabilitation Center, ...

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Choice of forum clause did not survive contract termination (access required)

A plaintiff was not bound by the choice of forum clause in an agreement with the defendant because that clause was not included in the list of clauses that survived termination of the agreement, and plaintiff’s partnership with another corporation ...

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No substitute plaintiffs for cancelled LLC (access required)

The proposed substitute plaintiffs cannot continue a tax-refund suit as successors in interest of plaintiff, a voluntarily cancelled LLC, even though lease agreements authorized the would-be plaintiffs to pay property taxes and challenge assessments. Further, plaintiff lacks standing to continue ...

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Product liability suit returning to state court (access required)

A case involving an allegedly defective hip implant is returning to state court after the court held that certain defendants were not fraudulently joined. Because the presence of those defendants destroyed diversity jurisdiction, the court returned the case to state ...

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Failure to investigate corporate citizenship not sanctionable (access required)

Where a defendant’s in-house counsel told the plaintiff that they were not planning to object to the federal court’s subject matter jurisdiction and their outside counsel later discovered that the defendant’s corporate citizenship negated the complete diversity of the parties, ...

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Reporter could not sue AG for illegal surveillance (access required)

Reporter’s complaint against individual agents of the Department of Justice and the United States Postal Service who allegedly engaged in illegal surveillance activities against her and her family were dismissed because the individual agents had still not been identified more ...

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