Tag Archives: 28 U.S.C. § 1631

Eighth Circuit Vacates Judgments in Favor of 177 Plaintiffs Confirming Arbitration Awards Due to Lack of Subject Matter Jurisdiction

In Hursh v. DST Systems, Inc., No 21-3554 (8th Cir. Nov. 28, 2022), appeals of awards to 177 claimants –who prevailed in ERISA arbitrations about losses in their 401(k) profit sharing plan – result in the judgments being vacated and remanded owing to doubts about the district court’s subject-matter jurisdiction. “DST was the Plan’s sponsor,Continue reading “Eighth Circuit Vacates Judgments in Favor of 177 Plaintiffs Confirming Arbitration Awards Due to Lack of Subject Matter Jurisdiction”

Fifth Circuit Panel Holds That 28 U.S.C. § 1631 Transfer Can Cure a Lack of Personal Jurisdiction

In Franco v. Mabe Trucking Co., No. 19-30316 (5th Cir. July 8, 2021), the Fifth Circuit joins other circuits that have held that 28 U.S.C. § 1631 can cure defective personal as well as subject-matter jurisdiction. But the panel split on the interaction between § 1631 and Louisiana’s “prescription” (limitations) law. A vehicular accident onContinue reading “Fifth Circuit Panel Holds That 28 U.S.C. § 1631 Transfer Can Cure a Lack of Personal Jurisdiction”

Removal to the Wrong Federal District Court Is A Procedural, Not Jurisdictional, Defect According to the Fifth Circuit

In Hinkley v. Envoy Air, Inc., No. 19-10848 (5th Cir. Aug. 4, 2020), the panel is presented with a convoluted problem of removal from state court under 28 U.S.C. § 1441(a) that was filed in the wrong federal district. The panel holds that such a defect is only procedural rather than jurisdictional and was thusContinue reading “Removal to the Wrong Federal District Court Is A Procedural, Not Jurisdictional, Defect According to the Fifth Circuit”