Lightfoot v. Cendant Mortgage Corp.

The sue-and-be-sued provision in Fannie Mae’s statutory charter does not confer federal jurisdiction over suits against Fannie Mae or allow it to remove those suits to federal court absent some other basis for federal jurisdiction.  Reversing the Ninth Circuit (Lightfoot v. Cendant Mort. Corp. (9th Cir. 2014) 769 F.3d 681), this decision holds that the…

California Public Utilities Commission v. Superior Court

A superior court lacks jurisdiction to hear a suit challenging the Public Utilities Commission’s response to a public records request.  A superior court lacks jurisdiction to review any order or decision of the PUC.  Pub. Util. Code 1759.  Hence, a superior court cannot hear a suit challenging the PUC’s response to a request for documents…

NewGen, LLC v. Safe Cig, LLC

The district court had subject matter jurisdiction if complete diversity actually existed when the complaint was filed, even if the complaint failed to allege it properly, so the district court properly denied defendant’s motion to vacate a summary judgment for lack of subject matter jurisdiction after the plaintiff submitted evidence of complete diversity in opposition. …

Polo v. Innoventions International, LLC

When, on a summary judgment motion in a case removed from state court, a federal court determines it lacks subject matter jurisdiction because the plaintiff lacks Article III standing, the federal court should remand the case to state court, not dismiss it.  Plaintiff filed this putative class action against defendant in state court.  Defendant removed…