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CLICK HERE to Register for a free account and login for a smoother ad-free experience. It's easy, and only takes a few moments.But the ruling says the exact opposite, the Supreme Court did not allow the suit.
That's not really true. Courts have to establish territorial jurisdiction in every case. Not saying there isn't overlap sometimes, but you can't sue anyone just anywhere.Anyone who wants to file a civil suit against anyone can do so virtually anywhere.
I believe one can initiate a suit whenever one wants. Whether or not it will be dismissed or heard is another question.That's not really true. Courts have to establish territorial jurisdiction in every case. Not saying there isn't overlap sometimes, but you can't sue anyone just anywhere.
Yes, that's true. That's why I was wondering if the court had established jurisdiction or if the case hadn't gotten to that stage yet.I believe one can initiate a suit whenever one wants. Whether or not it will be dismissed or heard is another question.
But the ruling says the exact opposite, the Supreme Court did not allow the suit.
But the ruling says the exact opposite, the Supreme Court did not allow the suit.
Alvarez's failure to marshal support for his rule is underscored by the Restatement (Third) of Foreign Relations Law of the United States, which refers to prolonged arbitrary detention, not relatively brief detention in excess of positive authority. Whatever may be said for his broad principle, it expresses an aspiration exceeding any binding customary rule with the specificity this Court requires.
The Alien Tort Claims Act? I was wondering what law was being invoked to give jurisdiction to a US federal court. The ATCA, though, can only be used for suing someone who's accused of violating "the laws of nations" (taken to mean international law) or international treaties, not your run-of-the-mill torts. I wonder if there's going to be a hearing on jurisdiction or if it's already been established, or maybe there's another law that's more applicable. I tried to find a copy of the actual suit but it seems like the US district courts make you pay for online access to cases.
If you are looking for a copy of the suit against Brady you can find it on this site. PDNPulse: Read The Bizarre Lawsuit Against Tom Brady
Thanks. It doesn't look like they're suing under the Alient Tort Claims Act, they're claiming the federal courts have jurisdiction under 28 USC § 1391, but that statute has several sections which apply to different scenarios and the suit doesn't say why it's applicable. Maybe they'll try to explain that in a seperate filing, or maybe this suit is going to get tossed the second it lands in front of a judge.If you are looking for a copy of the suit against Brady you can find it on this site. PDNPulse: Read The Bizarre Lawsuit Against Tom Brady
Now if it were Marvin Harrison.......
Thanks. It doesn't look like they're suing under the Alient Tort Claims Act, they're claiming the federal courts have jurisdiction under 28 USC § 1391, but that statute has several sections which apply to different scenarios and the suit doesn't say why it's applicable. Maybe they'll try to explain that in a seperate filing, or maybe this suit is going to get tossed the second it lands in front of a judge.
Actually they are claiming diversity jurisdiction under 28 USC § 1332 (a)(2).
28 USC § 1391 is being used to support the suit being filed in whatever New York District it is in, since Brady is a New York resident.