In Anderson v. Weinert Enterprises Inc., No. 20-1030 (7th Cir. Jan. 28, 2021), the panel affirms denial of class certification under Fed. R. Civ. P. 23, where the proposed class fell below the 40-person threshold normally considered the standard for numerosity. The putative class was a state-law wage-and-hour case against a roofing company in northeastContinue reading “Seventh Circuit Endorses 40-Person Rule of Thumb for Rule 23 Numerosity, Holds That 37 Was Too Few”
Monthly Archives: January 2021
Failure to Appeal Post-Trial Personal Jurisdiction Ruling Forfeited Issue, Holds Eleventh Circuit
In Acrylicon USA, Inc. v. Silikal GmbH, No. 17-15737 (11th Cir. Jan. 26, 2021), the panel holds that while the defendant preserved a record of opposing personal jurisdiction at the pleadings and post-trial stages, it forfeited the argument on appeal by not appealing the post-trial ruling. Plaintiff AcryliCon USA (AC-USA) sued Silikal in federal districtContinue reading “Failure to Appeal Post-Trial Personal Jurisdiction Ruling Forfeited Issue, Holds Eleventh Circuit”
Second Circuit Weighs Competing Standards for Federal Officer Removal Under 28 U.S.C. § 1442, Finding Appellate Jurisdiction to Review Remand
In Razmzan v. United States, No. 19-227 (2d Cir. Jan. 26, 2021), the panel holds that removal of an action from state court under 28 U.S.C. § 1442, for federal officer or agent removal, was supported by the factual allegations and that the district court’s remand order could be reviewed on appeal under 28 U.S.C.Continue reading “Second Circuit Weighs Competing Standards for Federal Officer Removal Under 28 U.S.C. § 1442, Finding Appellate Jurisdiction to Review Remand”
Fifth Circuit Panel Splits Over Application of the Party Presentation Principle in § 1292(b) Interlocutory Appeal
In Gonzalez v. CoreCivic, Inc., No. 19-50691 (5th Cir. Jan. 20, 2021), the panel—reviewing an interlocutory denial of a motion to dismiss—divides over whether to reach an issue not briefed by the parties to resolve the appeal. The district court certified the order denying a Fed. R. Civ. P 12(b)(6) dismissal, specifying the following issue:Continue reading “Fifth Circuit Panel Splits Over Application of the Party Presentation Principle in § 1292(b) Interlocutory Appeal”
First Circuit Finds Pre-Enforcement Challenge by State Lottery Commission to Justice Department’s Memoranda on Interstate Wagering Is Justiciable
In New Hampshire Lottery Comm’n v. Rosen, No. 19-1835 (1st Cir. Jan. 20, 2021), the panel holds that it had jurisdiction over New Hampshire’s challenge to the Department of Justice (DOJ) memoranda about enforcement of the Wire Act which, if implemented, might prevent the state from selling lottery tickets over the internet. Section 1084(a) ofContinue reading “First Circuit Finds Pre-Enforcement Challenge by State Lottery Commission to Justice Department’s Memoranda on Interstate Wagering Is Justiciable”
D.C. Circuit, Overruling Its Prior Caselaw, Holds That Local Access of Airline’s Website Does Not Support Personal Jurisdiction
In Erwin-Simpson v. AirAsia Berhad, No. 19-7034 (D.C. Cir. Jan. 19, 2021), the panel affirms an order dismissing a claim for injuries on a 2016 flight from Malaysia to Cambodia, holding that the allegations “did not arise from any activity by AirAsia in the District of Columbia, and the only presence that the airline identifies hereContinue reading “D.C. Circuit, Overruling Its Prior Caselaw, Holds That Local Access of Airline’s Website Does Not Support Personal Jurisdiction”
Dissenting Ninth Circuit Judge Makes “Plea to the Supreme Court” to Fix Interlocutory Appeals of Qualified Immunity
A split panel in Estate of Anderson v. Marsh, No. 19-15068 (9th Cir. Jan. 15, 2021) holds that the court of appeals lacks jurisdiction over an interlocutory appeal – at the summary judgment stage – of a denial of qualified immunity. The dissenting judge, though, implores the Supreme Court to review the appellate jurisdiction issue,Continue reading “Dissenting Ninth Circuit Judge Makes “Plea to the Supreme Court” to Fix Interlocutory Appeals of Qualified Immunity”
Plaintiff Gets Her Own Lawsuit Dismissed on Spokeo Grounds in Seventh Circuit
In Thornley v. Clearview AI, Inc., No. 20-3249 (7th Cir. Jan. 14, 2021), a plaintiff fighting removal of her Illinois class action from state court persuades the Seventh Circuit that the federal courts lacked subject-matter jurisdiction over her claim. “Illinois’s Biometric Information Privacy Act, familiarly known as BIPA, provides robust protections for the biometric informationContinue reading “Plaintiff Gets Her Own Lawsuit Dismissed on Spokeo Grounds in Seventh Circuit”
Certificate of Insurance and Better Business Bureau “F” Rating Admissible to Prove Negligence in Casino Accident, Holds Fifth Circuit
In Echeverry v. Jazz Casino Co., LLC, No. 20-30038 (5th Cir. Jan. 12, 2021), the Fifth Circuit affirms liability – but vacates damages – in a negligence case involving a casino and one of its contractors, holding “that none of the objected-to evidence was erroneously admitted at trial.” “Jazz Casino Company … hired Alabama WildlifeContinue reading “Certificate of Insurance and Better Business Bureau “F” Rating Admissible to Prove Negligence in Casino Accident, Holds Fifth Circuit”
Eighth Circuit Affirms Assault Conviction Over a Host of Hearsay Objections
In United States v. Earth, No. 19-1555 (8th Cir. Jan. 11, 2021), the Eighth Circuit upholds a conviction for assault on the Rosebud Indian Reservation, overruling several hearsay objections including comments made for medical treatment and “excited utterances.” Defendant Earth was charged with stabbing a cousin during a domestic dispute. “At trial, the defense concededContinue reading “Eighth Circuit Affirms Assault Conviction Over a Host of Hearsay Objections”
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