CNMI

Royal Crown Insurance v. Northern Mariana Islands

Good Law
447 F. App'x 760
United States Court of Appeals for the Ninth CircuitJuly 21, 201109-17900California1,681 words

Opinion

Opinion

MEMORANDUM

Royal Crown Insurance Corp. (“Royal Crown”) appeals from the district court’s order granting the Commonwealth of the Northern Mariana Islands (“CNMI”) and CNMI Acting Secretary of Labor Jacinta M. Kaipat’s (the “Secretary’s”) motion to dismiss this action. It also appeals from the district court’s denial of its motion to alter judgment pursuant to Rule 59(e) of the Federal Rules of Civil Procedure. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the dismissal of Royal Crown’s claim for judicial review of the administrative appeal order as well as the dismissal of the § 1983 claim against the CNMI.

I

Although the district court dismissed this matter pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and neither party has raised the question of subject-matter jurisdiction in this appeal, we are nonetheless “obliged to raise questions of the district court’s subject-matter jurisdiction sua sponte.” Williams v. United Airlines, Inc., 500 F.3d 1019, 1021 (9th Cir.2007) (citation omitted).

Royal Crown contends that its right to due process of law was violated in its administrative proceedings before the Department of Labor (the “Department”).…

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