In Glennborough Homeowners Ass’n v. USPS, No. 21-1340 (6th Cir. Dec. 22, 2021), a panel affirms an order dismissing a case by a housing development seeking to enforce a consent decree against the U.S. Postal Service, though it divides on the reasoning. The majority affirmatively holds that the plaintiff Association lacks standing, while one judgeContinue reading “Homeowners Association Lacked Standing to Enforce Consent Decree with Postal Service to End Delivery of Mail Addressed to “Ypsilanti” to Its Development, Split Sixth Circuit Holds”
Monthly Archives: December 2021
Fifth Circuit Scales Back Nationwide Injunction of Federal Vaccine Mandate to Just the Fourteen States that Were Named Plaintiffs
In State of Louisiana v. Becerra, No. 21-30734 (5th Cir. Dec. 15, 2021) (per curiam), the Fifth Circuit denies the federal government’s motion to stay a district court’s preliminary injunction barring enforcement of a COVID-19 vaccination mandate for medical providers receiving Medicare or Medicaid funds. But it scales it back from a fifty-state injunction toContinue reading “Fifth Circuit Scales Back Nationwide Injunction of Federal Vaccine Mandate to Just the Fourteen States that Were Named Plaintiffs”
Eleventh Circuit Casts Doubt on “Matter of Substantive Law” Exception to Appellate Jurisdictional Bar of 28 U.S.C. § 1447(d)
In Vachon v. Travelers Home & Mar. Ins. Co., No. 20-12765 (11th Cir. Dec. 14, 2021), the Eleventh Circuit held that it lacked appellate jurisdiction over a remand order under 28 U.S.C. § 1447(d), rejecting application of the “matter of substantial law” exception. In a concurring opinion, two judges hold that they would have affirmedContinue reading “Eleventh Circuit Casts Doubt on “Matter of Substantive Law” Exception to Appellate Jurisdictional Bar of 28 U.S.C. § 1447(d)”
Court Could Judicially Notice That a Federal Prison Hospital Was Within the “Special Maritime and Territorial Jurisdiction” of the United States, Holds Eighth Circuit
Upholding the conviction of a federal prisoner for assaulting a fellow inmate, the Eighth Circuit holds in United States v. Love, No. 20-3386 (8th Cir. Dec. 14, 2021) that it did not violate the defendant’s Sixth Amendment rights for the court rather than the jury to find that the place of the assault was withinContinue reading “Court Could Judicially Notice That a Federal Prison Hospital Was Within the “Special Maritime and Territorial Jurisdiction” of the United States, Holds Eighth Circuit”
Split Tenth Circuit Holds That FISC’s Pre-Clearance Rulings Under Section 702 Program Are Not “Advisory Opinions” in Violation of Article III
As part of a 170-page decision (with a 48-page dissent) affirming a criminal conviction for conspiring and providing material support to a State Department-designated foreign terrorist organization, United States v. Muhtorov, No. 18-1366 (10th Cir. Dec. 8, 2021), the panel divides over whether annual preapproval of surveillance procedures by the Foreign Intelligence Surveillance Court (FISC)Continue reading “Split Tenth Circuit Holds That FISC’s Pre-Clearance Rulings Under Section 702 Program Are Not “Advisory Opinions” in Violation of Article III”
Split Eleventh Circuit Panel Holds That Nationwide Injunction of a Federal Vaccine Mandate in Louisiana Court Does Not Moot Issue of an Emergency Injunction Pending Appeal in Florida, Casting Doubt on Propriety of the Louisiana Court’s Nationwide Order
In a 94-page order about whether to grant the State of Florida an injunction pending appeal of the federal government’s COVID-19 vaccine mandate in hospitals, a split panel in State of Florida v. Dep’t of Health and Human Servs., No. 21-10498 (11th Cir. Dec. 6, 2021), holds that the entry of a “nationwide” injunction ofContinue reading “Split Eleventh Circuit Panel Holds That Nationwide Injunction of a Federal Vaccine Mandate in Louisiana Court Does Not Moot Issue of an Emergency Injunction Pending Appeal in Florida, Casting Doubt on Propriety of the Louisiana Court’s Nationwide Order”
Split Fifth Circuit Panel Rejects Eleventh Circuit’s “Fraudulent Misjoinder” Doctrine to Rescue Removed Case and Remands to State Court
In Williams v. Homeland Ins. Co., No. 20-30196 (5th Cir. Nov. 30, 2021), the panel split three ways in addressing whether there was full diversity in a removed action, with the majority holding that that no misjoinder doctrine could rescue the case from remand. The case had proceeded for over a decade in state andContinue reading “Split Fifth Circuit Panel Rejects Eleventh Circuit’s “Fraudulent Misjoinder” Doctrine to Rescue Removed Case and Remands to State Court”
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