Jurisdiction

The Law Office of James R. Douglass, Co., LPA provides a unique focus by offering legal advice and litigation regarding the jurisdiction of individual courts over specific parties and disputes.. Whether a court has the jurisdiction or in other words the power to preside over a case is a fundamental starting point in any litigation. Choosing the court where the defendant has the best chance to defend the claim has to be done early in the case or the individual will waive a number of rights. Some jurisdictions offer case advantages over others, depending on the laws involved and the nature of the case. In a level playing field where one jurisdiction is fairly equal to another, selecting a venue may be a matter of travel convenience for plaintiffs and defendants.

To the degree that a court is granted power by the Constitution or legislature of the sovereignty it represents, such as the federal, state or municipal governments, the court retains jurisdiction over certain criminal and/or civil matters. What many people do not realize is that there is an arguable legal point as to whether a particular court has the authority to determine a jurisdictional question. The legal complexity of navigating such issues is why you a need a lawyer with extensive skills and experience in jurisdictional matters.

There are four main areas in which we offer legal advice or litigation involving jurisdiction:

1. Personal Jurisdiction - the court has the power over a defendant based on the state or municipality where the person resides or does business.
2. Territorial Jurisdiction - determining whether a state or federal court has power to hear an issue, based upon the litigants, the situs of the dispute and the power vested in particular courts to hear particular disputes.
3. Subject Matter Jurisdiction - court jurisdiction is based on the subject matter under litigation, such as a contract dispute, civil rights matter, criminal act, etc.
4. Venue - selecting a state or federal court location that is based on proximity to the residences where the plaintiff or defendant resides; in a criminal case determining a venue where the defendant may receive a fair trial.

Cases Represented in Matters of Jurisdiction

James R. Douglass, Co., LPA has represented numerous clients in matters of jurisdiction. Some of our noteworthy cases include:

• Preferred Capital vs. Power Engineering
• Preferred Capital vs. Spriggs Paving
• Four Seasons vs. Tormel
• Cheap Escape vs. Haddox
• Alpha Telecommunications v. Progressive Communications
• Alpha Telecommunications v. ANS Connect
• Board of Embalmers and Funeral Directors v. Slone
• Epic Communications v. ANS Connect

There are a series of cases where our law firm kept Georgia defendants out of the Ohio Courts as well as a string of cases in Shaker Heights where Attorney James Douglass kept individuals out of Ohio and Cuyahoga County courts so they did not have to come here and defend contract disputes.

If you have concerns regarding the jurisdiction or your case or a case you are representing as an attorney, please call our office at 216-991-7640 to arrange a consultation. We will provide legal advice or representation as needed to help resolve your issues of jurisdiction.