Monthly Archives: June 2021

Suit by Heir Over Deceased Parent’s Investment Does Not Fall Under Probate Exception to Diversity, Holds Eleventh Circuit

In Fisher v. PNC Bank, N.A., No. 20-10110 (11th Cir. June 29, 2021), the Eleventh Circuit reverses dismissal of a state-law conversion and fraud action, finding that there is diversity jurisdiction and standing. The panel rejects the bank’s argument that the claim, concerning a joint account with an accountholder who died, falls within the probateContinue reading “Suit by Heir Over Deceased Parent’s Investment Does Not Fall Under Probate Exception to Diversity, Holds Eleventh Circuit”

Assistant U.S. Attorney Who Told Jury That Reasonable Doubt Is the Confidence of “Having a Meal” Without Getting “Sick” Earns the Defendant a New Trial, Holds Ninth Circuit

In United States v. Velazquez, No. 19-50099 (9th Cir. June 22, 2021), a 2-1 panel orders a new trial for a defendant where “the prosecutor trivialized” the reasonable-doubt standard during closing argument, comparing it to “something that you use every single day in your life” such as “having a meal … firmly convinced that theContinue reading “Assistant U.S. Attorney Who Told Jury That Reasonable Doubt Is the Confidence of “Having a Meal” Without Getting “Sick” Earns the Defendant a New Trial, Holds Ninth Circuit”

Law Firm With “Stateless Partners” Not A Citizen for Purposes of Diversity, Holds Seventh Circuit

In Page v. Democratic Nat’l Comm., No. 20-2781 (7th Cir. June 21, 2021), the Seventh Circuit affirms dismissal of a defamation action against a law partnership with partners domiciled overseas, holding that it is not the citizen of any state for diversity jurisdiction purposes. Carter Page, “a foreign policy advisor to former President Donald Trump’sContinue reading “Law Firm With “Stateless Partners” Not A Citizen for Purposes of Diversity, Holds Seventh Circuit”

Eleventh Circuit Holds District Court Abused Discretion in Denying Deposition of Senior Executive in ADA Case After A Dozen Motions to Compel

In Akridge v. Alfa Mut. Ins. Co., No. 19-10827 (11th Cir June 21, 2021), the Eleventh Circuit vacates summary judgment in an Americans with Disabilities Act (ADA), because the district court refused to compel a deposition of an Executive Vice President of Human Resources. The plaintiff alleged that defendant Alfa “discriminated against her by terminatingContinue reading “Eleventh Circuit Holds District Court Abused Discretion in Denying Deposition of Senior Executive in ADA Case After A Dozen Motions to Compel”

Eleventh Circuit Holds That Federal Lawsuit Against Receiver Whose Appointment Has Ended Survives Barton Doctrine, Creating Circuit Split

In Chua v. Ekonomou, No. 20-12576 (11th Cir. June 15, 2021), the Eleventh Circuit holds that there is federal subject-matter jurisdiction over a lawsuit against a state-court-appointed receiver whose appointment has expired, notwithstanding the Barton doctrine, though the claim was properly dismissed on judicial immunity grounds. Plaintiff Chua prescribed hydrocodone for a college student whoContinue reading “Eleventh Circuit Holds That Federal Lawsuit Against Receiver Whose Appointment Has Ended Survives Barton Doctrine, Creating Circuit Split”

Evidence of Alleged Prior Assaults Against Different Victims Was Inadmissible Under Fed. R. Evid. 404 and 405, Holds Ninth Circuit

In United States v. Charley, No. 19-10133 (9th Cir. June 13, 2021), the Ninth Circuit vacates a defendant’s convictions on two counts of assault within the territorial jurisdiction of the United States, and remands for a new trial on the assault counts, holding that it was not harmless error to admit evidence of the defendant’sContinue reading “Evidence of Alleged Prior Assaults Against Different Victims Was Inadmissible Under Fed. R. Evid. 404 and 405, Holds Ninth Circuit”

District Court Had Ancillary Enforcement Jurisdiction to Enforce Attorney’s Lien in Post-Judgment Proceeding, Holds First Circuit

In Butt v. United Brotherhood, No. 18-2272 (3d Cir. June 8, 2021), the First Circuit holds that the district court maintained subject matter jurisdiction to adjudicate a fee dispute between a pair of lawyers who represented three women in an employment discrimination lawsuit. Attorney Paddick represented plaintiffs (the Clients) on a 40% contingency fee throughContinue reading “District Court Had Ancillary Enforcement Jurisdiction to Enforce Attorney’s Lien in Post-Judgment Proceeding, Holds First Circuit”

En Banc Fourth Circuit Holds That District Court Did Not Err in Denying North Carolina’s General Assembly Leave to Intervene in Challenge to Voter-ID Law

In North Carolina NAACP State Conf. v. Berger, No. 19-2273 (4th Cir. June 7, 2021), the en banc Fourth Circuit (splitting along party lines) holds 9-6 that a state legislature may only intervene to defend a state law under Fed. R. Civ. P. 24(a)(2) “if a federal court first finds that the Attorney General isContinue reading “En Banc Fourth Circuit Holds That District Court Did Not Err in Denying North Carolina’s General Assembly Leave to Intervene in Challenge to Voter-ID Law”

RICO’s Nationwide Service-of-Process Rule Does Not Extend Overseas, Holds Eleventh Circuit

In Don’t Look Media LLC v. Fly Victor Ltd., No. 20-10779 (11th Cir. June 4, 2021), the panel affirms dismissal of a case on personal jurisdiction grounds, holding that attempted service of a defendant in London did not satisfy RICO’s nationwide service-of-process rule, 18 U.S.C. § 1965. A contract to operate a commercial website unraveled.Continue reading “RICO’s Nationwide Service-of-Process Rule Does Not Extend Overseas, Holds Eleventh Circuit”

First Circuit Holds That Bankruptcy Rules, Rather Than Federal Rules of Civil Procedure, Govern Cases Proceeding Under 28 U.S.C. § 1334(b)

In Roy v. Canadian Pacific Railway Co., No.  17-1108 (1st Cir. June 2, 2021), the First Circuit decides an issue of first impression and holds that those cases proceeding in the district court as “related to” a pending bankruptcy proceeding, 28 U.S.C. § 1334(b), follow the Federal Rules of Bankruptcy Procedure rather than the FederalContinue reading “First Circuit Holds That Bankruptcy Rules, Rather Than Federal Rules of Civil Procedure, Govern Cases Proceeding Under 28 U.S.C. § 1334(b)”