Kennedy v. Federal National Mortgage Association (Lawyers Weekly No. 14-02-0798, 12 pp.) (James Fox, Sr. J.) 4:13-cv-00203; E.D.N.C. Holding: Even though the complaint alleges in passing that the new owner of the plaintiff-tenant’s home did not comply with the Protecting ...

Tagged with: Federal Jurisdiction

Wilson v. Suntrust Bank Even though plaintiff’s Fair Debt Collection Practices Act (FDCPA) claim may arise out of the same events that were the subject of a foreclosure action in state court, a similar action in state court does not deprive this court of jurisdiction.

Tagged with: Civil Practice Fair Debt Collection Practices Act Federal Jurisdiction mortgages

Wilson v. Suntrust Bank Even though plaintiff’s Fair Debt Collection Practices Act (FDCPA) claim may arise out of the same events that were the subject of a foreclosure action in state court, a similar action in state court does not deprive this court of jurisdiction.

Tagged with: Civil Practice Fair Debt Collection Practices Act Federal Jurisdiction mortgages

Rogers Townsend & Thomas, P.C. v. Boehm Defendant removed this real property foreclosure action to federal court based, in part, on the fact that the beneficiary of her deed of trust is a South Carolina law firm. However, the substitute trustee is a North Carolina resident like defendant. Moreover, an action is not removable if the action is brought in defendant’s home state.

Tagged with: Civil Practice Federal Jurisdiction foreclosure Real Property

Hardig v. Certainteed Corp. Even if the plaintiff class were limited to the 501 homes in the Fieldstone Farms subdivision in Indian Trail, the materials alone for replacing the allegedly defective siding would cost $4,000 per home, and plaintiffs seek treble damages under the N.C. Unfair and Deceptive Trade Practices Act; therefore, the amount in controversy for the materials alone exceeds $6 million.

Tagged with: Civil Practice Class Action Federal Jurisdiction Removal

Bullock v. Napolitano The 4th Circuit upholds dismissal of this Title VII race discrimination suit filed by an African-American who was dismissed from the federal air marshal training program; the U.S. did not consent to be sued in North Carolina state court and removal of the suit to federal court, under the doctrine of derivative jurisdiction, did not cure that jurisdictional defect.

Tagged with: Federal Jurisdiction Race Discrimination Claim Removal

Slate v. Byrd Where defendants’ counterclaims allege emotional distress arising out of plaintiff Slate’s alleged mistreatment of them as employees, and where plaintiffs allege embezzlement and RICO claims against defendants, defendants’ counterclaims are permissive rather than compulsory. Since defendants’ counterclaims are state-law actions, and since there is no diversity of citizenship, the court would not have jurisdiction over defendants’ counterclaim if plaintiff were allowed to voluntarily dismiss his claims.

Tagged with: Civil Practice Federal Jurisdiction Voluntary Dismissal

Liberty University Inc. v. Geithner The 4th Circuit has no jurisdiction to hear Liberty University’s constitutional challenge to the “individual mandate” of the Patient Protection and Affordable Care Act, as the federal Anti-Injunction Act strips the federal court of jurisdiction; the 4th Circuit vacates the district court decision upholding the individual mandate and remands the case for dismissal.

Tagged with: Civil Practice Civil Rights Federal Jurisdiction

Central W.Va. Energy Co. v. Mountain State Carbon LLC. (Lawyers Weekly No. 11-01-0425, 12 pp.) (Wynn, J.) No. 10-1486, April 13, 2011; USDC at Beckley, W.Va. (Johnston, J.) 4th Cir. Holding: In a West Virginia coal sales company’s contract action ...

Tagged with: Civil Practice Corporate Diversity Federal Jurisdiction

Red Barn Farms, LLC v. General Electric Capital Corp. (Lawyers Weekly No. 11-03-0321, 18 pp.) (William L. Osteen Jr., J.) M.D.N.C. Holding: After this court granted defendant General Electric Capital Corp. (GE) a default judgment against plaintiffs herein, GE docketed ...

Tagged with: Civil Practice Federal Jurisdiction Remand Removal