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Foreign Defendants Have No Due Process Right to Personally Attend a Civil Forfeiture Hearing, Holds Eleventh Circuit

In USA v. Approximately $281,110.00, No. 20-11107 (11th Cir. Oct. 13, 2021), the Eleventh Circuit affirms a civil forfeiture verdict where the jury rejected an innocent-owner defense for Chinese nationals who were barred from entering the country for trial. “The main issue on appeal is whether foreign nationals have a constitutional right to enter theContinue reading “Foreign Defendants Have No Due Process Right to Personally Attend a Civil Forfeiture Hearing, Holds Eleventh Circuit”

Seventh Circuit Criticizes District Court’s Delay in Issuing Its Merits Opinion Months After Ordering Dismissal of the Case, Citing Fed. R. App. P. 4(a)(7)(A)(ii)

In The Association of American Physicians & Surgeons v. American Board of Medical Specialties, No. 20-3072 (7th Cir. Oct. 10., 2021), affirming dismissal of an antitrust complaint brought under § 1 of the Sherman Act, the Seventh Circuit criticizes the district court’s delay in issuing the final opinion—a practice that in other circumstances cold “risk[]Continue reading “Seventh Circuit Criticizes District Court’s Delay in Issuing Its Merits Opinion Months After Ordering Dismissal of the Case, Citing Fed. R. App. P. 4(a)(7)(A)(ii)”

Second Circuit Holds That Under Hanna v. Plumer, Federal Rather Than State Expert Witness Rules Apply in Diversity Tort Case

In Sarkees v. E. I. DuPont de Nemours and Co., No. 20-3170 (2d Cir. Oct. 6, 2021), the Second Circuit reverses summary judgment in negligence, strict products liability, and loss of consortium action on the ground that the district court erroneously excluded the plaintiff’s expert witness by applying state-law admissibility rules rather than the FederalContinue reading “Second Circuit Holds That Under Hanna v. Plumer, Federal Rather Than State Expert Witness Rules Apply in Diversity Tort Case”

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