In The Trial Lawyers College v. Gerry Spence Trial Lawyers College, No. 20-8038 (10th Cir. Jan. 27, 2022), the Tenth Circuit substantially affirms a district court’s preliminary injunction in a dispute between two rival factions at a trial-lawyer school, though it holds the district court abused its discretion by “ordering removal of sculptures bearing theContinue reading “Tenth Circuit Affirms Preliminary Injunction Under Lanham Act, but “Went Too Far” With Mandatory Provision Requiring Removal of Two Sculptures from School Campus”
Monthly Archives: January 2022
Parents of Children with Disabilities Obtain Conflicting Standing Rulings in the Fourth and Eighth Circuits While Challenging State Mask-Mandate Bans in Schools
Two circuits reach different results on standing to bring an injunctive action against the governors of states that banned local school districts from imposing COVID-19 pandemic mask-mandates for students and staff. In both cases, parents and associations challenged the state-level bans under federal statutory law: the Americans with Disabilities Act (ADA) and the Section 504Continue reading “Parents of Children with Disabilities Obtain Conflicting Standing Rulings in the Fourth and Eighth Circuits While Challenging State Mask-Mandate Bans in Schools”
Ninth Circuit Holds That Court of Appeals Could Not Extend Appellate Jurisdiction Under 28 U.S.C. § 1292(b) to Address Question of Law Not Presented in the “Four Corners of the Certified Order”
In ICTSI Oregon, Inc. v. Int’l Longshore and Warehouse Union, No. 20-35818 (9th Cir. Jan. 18, 2022), the Ninth Circuit declines to accept certification of an interlocutory appeal under 28 U.S.C. § 1292(b). It holds that one question in the certified order is really just a question of fact, while the other question – whileContinue reading “Ninth Circuit Holds That Court of Appeals Could Not Extend Appellate Jurisdiction Under 28 U.S.C. § 1292(b) to Address Question of Law Not Presented in the “Four Corners of the Certified Order””
Fifth Circuit Offers Litigants A Primer About When They Need to Cross-Appeal Versus Urging Affirmance on Alternative Grounds
In Domain Protection LLC v. Sea Wasp LLC, No. 20-40411 (5th Cir. Jan 13, 2022), the panel uses the occasion of “three appeals arising from one lawsuit—one from the plaintiff, one from the defendant, one from [a] sanctioned lawyer— . . . to clarify when arguments should be made in responsive briefing and when theyContinue reading “Fifth Circuit Offers Litigants A Primer About When They Need to Cross-Appeal Versus Urging Affirmance on Alternative Grounds”
Fed. R. Evid. 103(b) Requires Renewal of Objection at Trial If Order on Motion in Limine Is Modified or Violated at Trial, Holds Fifth Circuit
In United States v. Lara, No. 20-50112 (5th Cir. Jan. 11, 2022), the Fifth Circuit grants only plain-error review on a claim of evidentiary error, when two criminal defendants – who won an exclusionary order in a pretrial motion in limine – failed to renew their objection when the government elicited the disputed testimony atContinue reading “Fed. R. Evid. 103(b) Requires Renewal of Objection at Trial If Order on Motion in Limine Is Modified or Violated at Trial, Holds Fifth Circuit”
Instructional Order to Court-Appointed Trustee in Post-Judgment Proceedings Not an Appealable Order, Holds Eleventh Circuit
In Acheron Capital, Ltd. v. Mukamal, No. 21-13052 (11 th Cir. Jan. 6, 2022), a panel of the Eleventh Circuit holds that an order authorizing a court-appointed trustee’s auctioning off of life-insurance policies was neither a “final decision” subject to appellate review, nor did it fall into any of the exceptions that permitted interlocutory reviewContinue reading “Instructional Order to Court-Appointed Trustee in Post-Judgment Proceedings Not an Appealable Order, Holds Eleventh Circuit”
State Lacked Standing to Challenge Appointment of Federal Defender in State Post-Conviction Proceedings, Holds Eleventh Circuit
In Booker v. Florida Dep’t of Corr., No. 20-14539 (11th Cir. Jan. 3, 2021), an Eleventh Circuit panel holds that whatever intrusion it might present on an ongoing state proceeding, the state lacks Article III standing to object to appointment of a federal defender to represent a death-row prisoner in a state post-conviction proceeding. BookerContinue reading “State Lacked Standing to Challenge Appointment of Federal Defender in State Post-Conviction Proceedings, Holds Eleventh Circuit”
Paul Mollica's Federal Courts Blog 