Vooys v. Bentley

In 2003, Plaintiffs purchased Cane Bay Beach Bar, on St. Croix, U.S. Virgin Islands. In 2005, they sued Defendants for breach of contract related to the sale of that business. Plaintiffs resided in the Virgin Islands from the time they filed their suit until 2012, when they moved to the U.S. mainland. Upon learning that Plaintiffs were no longer Virgin Islands residents, Defendants sought an order requiring Plaintiffs to post a security bond for potential costs under Virgin Islands Code title 5, section 547. 4. The Superior Court subsequently dismissed the suit for failure to post the bond. The Supreme Court of the Virgin Islands reinstated the suit, finding that the Code provision violated the Constitution's Privileges and Immunities Clause. The Third Circuit dismissed a petition for certiorari review for lack of jurisdiction. In 2012, 126 Stat. 1606 (H.R. 6116) revoked certiorari authority for all “cases commenced on or after” December 28, 2012. Reversing a prior decision, the court concluded that H.R. 6116's effective date applies to the date an appeal from a final decision of the Virgin Islands Supreme Court is filed and not to the date a suit was filed in the Superior Court. The petition in this matter was filed after that effective date. View "Vooys v. Bentley" on Justia Law