In Rodriguez v. Gusman, No. 19-2213 (2d Cir. Aug. 31, 2020), the Second Circuit holds that administrative closure of a civil case when a plaintiff is absent is “a last resort that is appropriate only when all other alternatives are virtually impossible or so impractical as to significantly interfere with the operations of the districtContinue reading “Second Circuit Announces Stringent Standards for Administrative Closure of a Civil Case When a Plaintiff Is Unavailable”
Monthly Archives: August 2020
Under “Unique Facts,” Ninth Circuit Vacates Conviction Because Judge Improperly Dismissed a Juror Hours into Deliberations
In United States v. Litwin, No. 17-10429 (9th Cir. Aug. 27, 2020), the panel hold that the district court violated a defendant’s Sixth Amendment right to a unanimous jury verdict when it dismissed a juror hours into deliberation, based on findings that lacked support in the record. Fed. R. Crim. P. 23(b)(3) permits a courtContinue reading “Under “Unique Facts,” Ninth Circuit Vacates Conviction Because Judge Improperly Dismissed a Juror Hours into Deliberations”
Dismissal of “All Claims … Without Prejudice” Is an Appealable Final Judgment, Holds Fifth Circuit
In Umbrella Investment Group, LLC, et al v. Wolters Kluwer Finan. Servs., Inc., No. 20-30078 (5th Cir. Aug. 26, 2020), the panel holds that it has appellate jurisdiction over the dismissal of “all claims … without prejudice” for failure to state a claim under Fed. R. Civ. P. 12(b)(6), by alleging fraud without the specificityContinue reading “Dismissal of “All Claims … Without Prejudice” Is an Appealable Final Judgment, Holds Fifth Circuit”
Ninth Circuit Holds That Filing of Fee Petition Under Lanham Act Does Not Toll Period for Filing Notice of Appeal, Splitting with the Seventh Circuit
In Nutrition Distribution LLC V. IronMag Labs, LLC, No. 19-55251 (9th Cir. Aug. 25, 2020), the Ninth Circuit decides – as a matter of first impression for that court – that the filing of a fee petition under Fed. R. Civ. P. 54(d) in a Lanham Act case does not extend the 30-day limitations periodContinue reading “Ninth Circuit Holds That Filing of Fee Petition Under Lanham Act Does Not Toll Period for Filing Notice of Appeal, Splitting with the Seventh Circuit”
Seventh Circuit Casts Skeptical Eye on Municipal Taxpayer Standing in Challenge to Obama Presidential Center
In Protect Our Parks, Inc. v. Chicago Park Dist., No. 19-2308 (7th Cir. Aug. 21, 2020), the panel holds that a resident of Chicago lacked so-called “taxpayer standing” to challenge construction of the Obama Presidential Center (“OPC”) in historic Jackson Park on Chicago’s South Side. Indeed, the panel casts doubt whether such a doctrine evenContinue reading “Seventh Circuit Casts Skeptical Eye on Municipal Taxpayer Standing in Challenge to Obama Presidential Center”
A Federally-Chartered Corporation Is a Citizen of Where It Has Its Principal Place of Business, Holds Fourth Circuit
Acknowledging a circuit split, the Fourth Circuit holds in Navy Federal Credit Union v. LTD Financial Services, LP, No. 19-1341 (4th Cir. Aug. 20, 2020), that for diversity of purposes, a federally-chartered corporation is deemed a “citizen” where it maintains its principal place of business under 28 U.S.C. § 1332(c)(1). The decision creates a split inContinue reading “A Federally-Chartered Corporation Is a Citizen of Where It Has Its Principal Place of Business, Holds Fourth Circuit”
New Jersey Attorney General Cease-and-Desist Letter Sent to Second-Amendment Organization in Texas Supported Personal Jurisdiction There, Holds Fifth Circuit
In Defense Distributed v. Grewal, No. 19-50723 (5th Cir. 19-50723), the Fifth Circuit reverses dismissal, on personal jurisdiction grounds, of a suit between the Attorney General of New Jersey (Grewal) and two organizations – Defense Distributed and Second Amendment Foundation (“SAF”). Defense Distributed, located in Austin, Texas, makes computer files available by download for peopleContinue reading “New Jersey Attorney General Cease-and-Desist Letter Sent to Second-Amendment Organization in Texas Supported Personal Jurisdiction There, Holds Fifth Circuit”
Judge Did Not Err in Recalling Jury When Courtroom Deputy Announced That They “Made a Mistake” on the Verdict Form, Second Circuit Holds
In Emamian v. Rockefeller Univ., No. 19-127 (2d Cir. Aug. 19, 2020), the Second Circuit upholds a jury verdict over the defendant’s objection that a discharged jury should not have been recalled to continue deliberations and submit a new verdict form. After a six-week jury trial of a race and national-origin discrimination claim under theContinue reading “Judge Did Not Err in Recalling Jury When Courtroom Deputy Announced That They “Made a Mistake” on the Verdict Form, Second Circuit Holds”
Ruling on Daubert Motion Furnished Orally by Law Clerk Invalid, Holds Third Circuit
In United States v. Heinrich, No. 19-3035 (3d Cir. Aug. 18, 2020), the Third Circuit holds that the district court failed to exercise discretion by assigning a law clerk to inform the lawyers of the ruling by phone, then failing to docket a written explanation. The defendant plead guilty on a child pornography conditioned onContinue reading “Ruling on Daubert Motion Furnished Orally by Law Clerk Invalid, Holds Third Circuit”
Premature Notice of Appeal Tanks Jurisdiction, Holds First Circuit, Creating Circuit Split
In Donahue v. FNMA, No. 19-1618 (1st Cir. Aug. 14, 2020), the court holds that a notice of appeal filed before the last of the parties is dismissed does not confer appellate jurisdiction and cannot be corrected later by filing a voluntary dismissal in the district court. At least three circuits have held, to theContinue reading “Premature Notice of Appeal Tanks Jurisdiction, Holds First Circuit, Creating Circuit Split”
Paul Mollica's Federal Courts Blog 