Wednesday, October 3, 2007
Here are a few courts of appeals opinions from late September that might be of interest to you.--Counseller
Pintado v. Miami-Dade Housing Agency (11th Cir.): The district court lacked subject matter jurisdiction where the plaintiff's pretrial amended complaint omitted the Title VII claim on which the district court's original jurisdiction was based and could not, post amendment, continue to exercise supplemental jurisdiction over plaintiff's state law claims.
Air Products & Controls, Inc. v. Safetech Int'l, Inc. (6th Cir.): The district court erred in dismissing for lack of personal jurisdiction because it erroneously determined that the exercise of jurisdiction over an out-of-state defendant would be unreasonable where Michigan had an interest in protecting the plaintiff whose principal place of business is in Michigan and the Defendants put forward no evidence to contradict the "inference of reasonableness."
Collins v. Horton (9th Cir.): Arbitrator did not "manifestly disregard the law" requiring vacatur of the award under the FAA by failing to apply offensive non-mutual collateral estoppel because no "'well defined, explicit, and clearly applicable' law existed to be disregarded."