In Frego v. Settlement Class Counsel, No. 20-30596 (5th Cir. Oct. 27, 2021), the panel sidesteps an “odd” question of who the proper appellee might be in a “closed” fund class settlement, holding instead that the plaintiff-appellants waived the right to appeal the award under the class settlement. “After ten years of litigation, a classContinue reading “Class Waiver of Appeals from Award Determinations Enforced by Fifth Circuit, Sidestepping the Issue of Who the Proper Appellee Might Be”
Monthly Archives: October 2021
The Doctrine of Consular Nonreviewability Does Not Go to Subject-Matter Jurisdiction, Holds Eleventh Circuit
In Del Valle v. Secretary of State, No. 19-14889 (11th Cir. Oct. 26, 2021), the panel in an issue of first impression for the circuit holds that the doctrine of consular nonreviewability – by which a federal court declines to consider a challenge to a consular official’s denial of a visa, Kleindienst v. Mandel, 408Continue reading “The Doctrine of Consular Nonreviewability Does Not Go to Subject-Matter Jurisdiction, Holds Eleventh Circuit”
Government’s Appeal of CDC’s Eviction Moratorium Is Dismissed on Its Own Motion but the District Court’s Order Remains in Effect, Fifth Circuit Holds
In Terkel v. Centers for Disease Control, No. 21-40137 (5th Cir. Oct. 19, 2021), a published per curiam order of the Fifth Circuit, the court dismisses the federal government’s appeal of an order enjoining a national eviction moratorium but notably leaves the lower court order in effect. Subject to certain exceptions, when a federal caseContinue reading “Government’s Appeal of CDC’s Eviction Moratorium Is Dismissed on Its Own Motion but the District Court’s Order Remains in Effect, Fifth Circuit Holds”
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”
Second Circuit Holds That States Have Standing to Challenge Cap on SALT Tax Deduction Because of Lost Local Tax Revenue
In New York v. Yellen, No. 19-3962 (2d Cir. Oct. 5, 2021), the Second Circuit holds that four states had standing to challenge the $10,000 cap on the federal income tax deduction for money paid in state and local taxes (SALT) because of the impact on local real estate sales and consequent lost tax revenue.Continue reading “Second Circuit Holds That States Have Standing to Challenge Cap on SALT Tax Deduction Because of Lost Local Tax Revenue”
Deposition Testimony Is Not “A Pleading, Motion, Order or Other Paper” for Removal Purposes Under 28 U.S.C. § 1446(b)(3) Holds Ninth Circuit, Splitting with the Tenth Circuit
In Dietrich v. The Boeing Co., No. 19-56409 (9th Cir. Oct. 1, 2021), the Ninth Circuit aligns itself with other circuits in holding that the removal section 28 U.S.C. § 1446(b)(3) is triggered by the filing or service of “an amended pleading, motion, order or other paper” that discloses an “unequivocally clear and certain” basisContinue reading “Deposition Testimony Is Not “A Pleading, Motion, Order or Other Paper” for Removal Purposes Under 28 U.S.C. § 1446(b)(3) Holds Ninth Circuit, Splitting with the Tenth Circuit”
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