Lipofsky v. New York State Workers Compensation Board

EDMONDSON, Circuit Judge:

The issue in this appeal is whether a district court — without prior notice to the parties of its intended action — may dismiss on its own motion a claim for lack of personal jurisdiction and improper venue. We hold that it may not.

Plaintiff Eugene Lipofsky, a Florida resident, filed his complaint in the Southern District of Florida, seeking to enforce a purported judgment entered in New York awarding him workers’ compensation for events which occurred in New York. Because plaintiff also asserted federal constitutional claims, subject matter jurisdiction was not…