Federal Real Property and Business Litigation Report
Volume IV, Issue 48
November 27, 2021
Mississippi v. Tennessee, Case No. 143, Orig. (2021).
No State has a sovereign right to the water in an aquifer, and the Court’s Equitable Apportionment jurisprudence (each of the States has an equality right to use the water at issue) applies to interstate, underground aquifers.
CPR Management, S.A. v. Devon Park Bioventures, L.P., Case Nos. 20-2343, and 20-2344 (3rd Cir. 2021).
Petitions to confirm or vacate arbitration awards are summary, not formal, judicial proceedings and motions to confirm or vacate arbitration awards are not “pleadings” under the rules of civil procedure.
Siemens USA Holdings Inc. v. Geisenberger, Case No. 20-2991 (3rd Cir. 2021).
An individual state’s escheat laws are subject to the Supreme Court’s Texas Triology rules imposing a “strict order of priority among states competing to escheat.”
Admar International, Incorporated v. Eastrock, L.L.C., Case No. 21-30098 (5th Cir. 2021).
Merely running a website accessible in all fifty states is not enough to create “minimum contacts” under the Constitution; there must be targeting of the forum state in order to create the required “purposeful availment.”