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Date: 06-05-2023

Case Style:

Veranique Payton and Felton Payton, Jr. v. National Continental Insurance Company

Case Number: 2:23-cv-00961

Judge: Wendy B. Vitter

Court: United States District Court for the Eastern District of Louisiana (Orleans Parish)

Plaintiff's Attorney:

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Defendant's Attorney: Charles V. Giordano

Description: New Orleans, Louisiana personal injury car wreck lawyer represented Plaintiffs who sued Defendant in an auto insurance liability theory.

This case was filed in the Civil District Court, Orleans Parish, 22-05143, C-10, and was removed to federal court by Defendant.

Plaintiffs challenged the jurisdiction of the federal court to president over the case and sought remand.

"Federal courts have jurisdiction over civil cases in a variety of situations. These include:

Cases involving the United States government. This includes cases where the government is a plaintiff, a defendant, or both.
Cases arising under federal law. This includes cases that involve federal statutes, the Constitution, or treaties.
Cases between citizens of different states. This is known as "diversity jurisdiction." In order to meet the diversity requirement, the amount in controversy must be at least $75,000 and the plaintiffs and defendants must be citizens of different states.
Cases between a state and citizens of another state. This is known as "alienage jurisdiction."
Cases between two or more states. This is known as "in rem jurisdiction."

In addition to these general areas of jurisdiction, federal courts also have jurisdiction over a number of specific types of cases, such as bankruptcy cases, patent infringement cases, and maritime cases.

If you are considering filing a civil lawsuit, it is important to consult with an attorney to determine whether federal court is the proper forum for your case.

Here are some additional details about each of the types of jurisdiction listed above:

Cases involving the United States government. The federal government can sue or be sued in federal court just like any other party. However, there are some special rules that apply to these cases. For example, the government cannot be sued for sovereign immunity unless it has waived its immunity by statute.
Cases arising under federal law. Federal courts have jurisdiction over cases that involve federal law, even if the parties are all from the same state. This is because federal law is supreme to state law.
Cases between citizens of different states. Diversity jurisdiction is designed to ensure that cases between out-of-state parties are heard in federal court, rather than state court. This is because state courts may be biased in favor of their own citizens.
Cases between a state and citizens of another state. Alienage jurisdiction is similar to diversity jurisdiction, except that it applies to cases between a state and citizens of another state.
Cases between two or more states. In rem jurisdiction allows a federal court to hear a case involving property that is located in more than one state. For example, if a boat is registered in one state but is docked in another state, a federal court can hear a case about who owns the boat.

It is important to note that federal courts have concurrent jurisdiction with state courts over many types of cases. This means that a plaintiff can file a lawsuit in either federal court or state court. However, there are some cases where the plaintiff must file in federal court, such as cases involving the United States government or cases that arise under federal law."

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Outcome: ORDER AND REASONS: For the foregoing reasons, IT IS HEREBY ORDERED that the Plaintiffs' 9 Motion to Remand is GRANTED. IT IS FURTHER ORDERED that Plaintiffs' claims against Defendants National Continental Insurance Company, 10 Roads Express, LLC, and Zufar Urdashev are remanded to the Civil District Court of Orleans Parish, State of Louisiana for further proceedings. Signed by Judge Wendy B Vitter on 6/5/2023. (Attachments: # 1 Remand Letter) (mmv) (Entered: 06/05/2023)

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