Legal Opinion

International Science & Technology Institute, Incorporated v. Inacom Communications, Incorporated

Court of Appeals for the Fourth Circuit

Decided February 11, 1997No. 96-1142PublishedCited by 136 opinions

1Opinion of the Court

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILLIAMS and Judge MOTZ joined.

OPINION

NIEMEYER, Circuit Judge:

We today reach the somewhat unusual conclusion that state courts have exclusive jurisdiction over a cause of action created by federal law. Holding that the states have been given, subject to their consent, exclusive subject matter jurisdiction over private actions authorized by the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227, we affirm the district court’s ruling dismissing this ease.

I

In 1991, Congress amended the Communications Act of…

2Cases cited21 opinions

  1. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  2. Cort v. AshSupreme Court of the United States · 1975
  3. Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
  4. New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995
  5. New York v. United StatesSupreme Court of the United States · 1992

16 more not listed; retrieve them via the Exa API.

3Cited by136 opinions

  1. Edwards v. Emperor's Garden RestaurantNevada Supreme Court · 2006
  2. James Brill, Plaintiff-Respondent v. Countrywide Home Loans, Inc., Defendant-PetitionerCourt of Appeals for the Seventh Circuit · 2005
  3. Resource Bankshares Corporation Resource Bank v. St. Paul Mercury Insurance Company, American Casualty Company of Reading, Pennsylvania Erie Insurance Company Federal Insurance Corporation Great Northern Insurance Company, Amici Supporting Resource Bankshares Corporation Resource Bank v. St. Paul Mercury Insurance Company, American Casualty Company of Reading, Pennsylvania Erie Insurance Company Federal Insurance Corporation Great Northern Insurance Company, Amici SupportingCourt of Appeals for the Fourth Circuit · 2005
  4. Freilich v. Upper Chesapeake Health, Inc.Court of Appeals for the Fourth Circuit · 2002
  5. Tri-County Paving, Incorporated v. Ashe County Ashe County Board of CommissionersCourt of Appeals for the Fourth Circuit · 2002

131 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API