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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...
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...
Jurisdiction - Personal jurisdiction, long arm statute, and eBay contacts: Robey v. Hinners (COA 5/29/2009)
Robey v. Hinners 2008-CA-000989 05/29/2009 2009 WL 1491387 Opinion by Senior Judge Buckingham; Judge Acree concurred; Chief Judge Combs dissented by separate opinion...
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...
House Concurrent Resolution on the Budget - FY09
House Concurrent Resolution on the Budget - FY09: H. CON. RES. 312 accompanied by House Report 110-543. Revising the cong...
October 2007 anti-concurrent cause article
Anti-concurrent cause language is one of my favorite areas of insurance coverage, one I will talk about at any time and one I have put a lot of work into mastering...
What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...
Does web site creator subject to a State's jurisdiction?
Does web site creator subject to a State's jurisdiction?
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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 ...
Does web site creator subject to a State's jurisdiction?
Does web site creator subject to a State's jurisdiction?
...
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