Fru-Con Construction Corp. v. Controlled Air, Inc., No. 08-1712. Fru-Con Construction Corporation and Austin Maintenance and Construction, Inc. (collectively “Fru-Con”), hired Controlled Air to construct the gain receiving, storage, and milling system for an ethanol production facility in Ravenna, Nebraska. The parties entered into a contract that required all disputes (1) be brought in Missouri [...]
Archive for the ‘Jurisdiction’ Category
Eighth Circuit explains that same project and contractual relationship do not make cases "parallel" for abstention purposes.
Posted in Constitutional Law, Jurisdiction, Practice & Procedure, tagged abstention on July 24, 2009 | 1 Comment »
Eighth Circuit refuses to extend complete preemption doctrine.
Posted in Jurisdiction on December 1, 2008 | Leave a Comment »
Bates v. Missouri & Northern Arkansas Railroad Company, Inc., No. 07-3002. Plaintiff sued MNA in state court after he suffered damages from a collision between his vehicle and an MNA train. MNA removed the case to federal court, arguing that plaintiff’s claim under the Federal Railroad Safety Act (FRSA) provided federal question jurisdiction. When plaintiff [...]
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