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Concurrent Jurisdiction
Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their lawsuit heard in the court that they perceive will be most favorable to them.
In the United States, concurrent jurisdiction exists to the extent that the Constitution of the United States permits U.S. federal courts to hear actions that can also be heard by U.S. state courts. For example, where a party from Alabama sues a party from Florida for a breach of contract, the Alabama party can sue in either the federal court located in Florida (under its diversity jurisdiction) or in the state court located in Florida (under its personal jurisdiction over the defendant).
Concurrent jurisdiction in the United States can also exist between different levels of state courts, and between courts and other government agencies with judicial powers. Different countries can also share concurrent jurisdiction over a case, where different countries have authority over the parties or events giving rise to the cause of action.
Sections 1331-32 give federal courts concurrent jurisdiction with the state courts over federal question and diversity cases.
Concurrent Jurisdiction in Human Rights Matters
The Supreme Court of Canada dismissed a leave application with costs in the Calgary Health Region v. Alberta (Human Rights and Citizenship Commission) a case in which the Alberta Court of Appeal considered whether a labour arbitration board had exclusive jurisdiction to hear and determine allegations of discrimination and human...
COA Splits On Personal Jurisdiction Over Corporate Officer, Upholds Jurisdiction Over Parent On Veil-Piercing Allegations
Today the Court of Appeals, in a significant case, issued a split decision on personal jurisdiction over an officer of a foreign corporation, while unanimously agreeing that personal jurisdiction could be exercised over an affiliated corporation on a veil-piercing theory...
Max-Planck Event: Brussels Jurisdiction and Common-Law Jurisdiction
Max Planck Institute for Comparative and International Private Law organizes on 4 February 2008 (17:00) a guest lecture to be given by Professor Adrian Briggs (University of Oxford, UK)...
Chancery Applies "Walks Like a Duck" Test for Equity Jurisdiction; and Rejects Alleged Insolvency of Defendant as Hook to Invoke Equitable Jurisdiction
Hillsboro Energy, LLC v. Secure Energy, Inc., (Del. Ch., Oct. 3, 2008), read opinion here. The introductory paragraph of the opinion provides the best overview of the case:
This case exemplifies the old adage: If it walks like a duck, and quacks like duck, it’s probably a duck...
Anti-concurrent cause, Ontario style
I saw an interesting case on anti-concurrent cause language in a liability policy on the blog for the Cavanagh Williams firm in Ottawa...
Anti-Concurrent Cause Exclusion Blows.
Frustrated by the famed Anti-Concurrent Cause Exclusion by which damages caused in part by an Excluded Peril and in part by a Covered Peril are totally excluded from Coverage, some Members of Congress propose adding "wind" coverage to the National...
What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...
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What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...
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