Followl-up to my previous posting

MM
Michael Meyer
Thu, Apr 14, 2016 10:20 PM

Here is how the U.S.D.C. - E.D. Va. sets out the issue: "A district court's ability to take jurisdiction over a VTCA claim is doubtful because the Virginia legislature has expressly limited the jurisdiction over VTCA claims to Virginia state courts. It is unclear whether 28 U.S.C. § 1367, which allows for supplemental jurisdiction, overcomes the sovereign immunity bar to hearing a claim that the Commonwealth has only allowed state courts to hear. Creed v. Virginia, 596 F. Supp. 2d 930, 939 (E.D. Va. 2009). I love it when a court says "Gee, I don't know." I always thought a court was supposed to decide.

M. Michael Meyer
Assistant City Attorney
City of Corpus Christi
P.O. Box 9277
Corpus Christi, TX 78469-9277
361.826.3362 (Direct)
281.635.5551 (Cell)
361.826.3239 (Fax)
MichaelM4@cctexas.commailto:MichaelM4@cctexas.com
NOTE: THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW.  If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited.  If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address.  Thank you.
In compliance with regulations issued by the Internal Revenue Service, we inform you that any federal tax advice contained in this communication including any attachments was not written to be used and may not be used by any person to avoid any penalties under the Internal Revenue Code.

Here is how the U.S.D.C. - E.D. Va. sets out the issue: "A district court's ability to take jurisdiction over a VTCA claim is doubtful because the Virginia legislature has expressly limited the jurisdiction over VTCA claims to Virginia state courts. It is unclear whether 28 U.S.C. § 1367, which allows for supplemental jurisdiction, overcomes the sovereign immunity bar to hearing a claim that the Commonwealth has only allowed state courts to hear. Creed v. Virginia, 596 F. Supp. 2d 930, 939 (E.D. Va. 2009). I love it when a court says "Gee, I don't know." I always thought a court was supposed to decide. M. Michael Meyer Assistant City Attorney City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 361.826.3362 (Direct) 281.635.5551 (Cell) 361.826.3239 (Fax) MichaelM4@cctexas.com<mailto:MichaelM4@cctexas.com> NOTE: THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address. Thank you. In compliance with regulations issued by the Internal Revenue Service, we inform you that any federal tax advice contained in this communication including any attachments was not written to be used and may not be used by any person to avoid any penalties under the Internal Revenue Code.