In Ewing v. Carrier, No. 21-2890 (7th Cir. May 25, 2022), the Seventh Circuit skips a decision on the merits of a fraud and breach or contract case, finding that it was related to a pending case and should not have been filed as a new matter in front of a second judge. It vacatesContinue reading “Seventh Circuit Busts Plaintiffs for “Judge Shopping,” Vacates and Remands Second Case to Be Reassigned to the Original Judge”
Monthly Archives: May 2022
On Remand from U.S. Supreme Court, First Circuit Upholds Original Decision to Remand Massive Fossil-Fuel Case to Rhode Island State Court
The First Circuit returns to State of Rhode Island v. Shell Oil Prods. Co., LLC, No. 19-1818 (1st Cir. May 24, 2020) – previously discussed on this blog on November 20, 2020 (No Appellate Jurisdiction Over Remand Order Under 28 U.S.C. § 1447(d) Except on Federal-Officer Ground, Holds First Circuit) – and addresses the unansweredContinue reading “On Remand from U.S. Supreme Court, First Circuit Upholds Original Decision to Remand Massive Fossil-Fuel Case to Rhode Island State Court”
Class Counsel Incurs Seventh Circuit Criticism for Calling Objector’s Counsel A “Notorious Professional Objector” in a Brief
In Petri v. Stericycle, Inc. No. 20-2055 (7th Cir. May 19, 2022), the Seventh Circuit vacates and remands a 25% class-action fee award in a securities case, ordering reconsideration of evidence that lead class counsel benefitted from prior litigation and other factors, and—in a parting shot—criticizes lead counsel for going after the objector’s lawyer individuallyContinue reading “Class Counsel Incurs Seventh Circuit Criticism for Calling Objector’s Counsel A “Notorious Professional Objector” in a Brief”
Third Party Could Not Intervene in Settled Individual Civil Rights Case to Turn It into a Rule 23 Class Action, Seventh Circuit Holds
In Ali v. City of Chicago, No. 21-1536 (7th Cir. May 17, 2022), the Seventh Circuit holds that a district court did not abuse its discretion by refusing to grant Fed. R. Civ. P. 24 intervention into an existing but settled individual § 1983 claim with the intention of converting it into a Fed. R. Civ.Continue reading “Third Party Could Not Intervene in Settled Individual Civil Rights Case to Turn It into a Rule 23 Class Action, Seventh Circuit Holds”
Ninth Circuit Vacates Conviction Because District Court’s COVID-19 Precautions, Which Prevented Any Video Streaming, Deprived the Defendant of a Sixth Amendment Public Trial
In United States v. Allen, No. 21-10060 (9th Cir. May 16, 2022), the Ninth Circuit holds that a district court’s COVID-19 precautions that denied the public streamed hearings of a criminal defendant’s case violated his Sixth Amendment rights and required a new suppression hearing and trial. “At the height of the coronavirus pandemic in 2020,Continue reading “Ninth Circuit Vacates Conviction Because District Court’s COVID-19 Precautions, Which Prevented Any Video Streaming, Deprived the Defendant of a Sixth Amendment Public Trial”
Pro Hac Vice Admission Fees Are Not a Taxable Cost Under 28 U.S.C. § 1920, Holds Seventh Circuit
In Canter v. AT&T Umbrella Benefit Plan, No. 21-1514 (7th Cir. May 11, 2022), the Seventh Circuit holds in an issue of first impression in the circuit that a prevailing defendant may not tax pro hac vice admission fees for out-of-state lawyers as a “cost” under Fed. R. Civ. P. 54(d) and 28 U.S.C. §Continue reading “Pro Hac Vice Admission Fees Are Not a Taxable Cost Under 28 U.S.C. § 1920, Holds Seventh Circuit”
Despite “Predicament” That Plaintiffs May Get No Appeal on the Merits, Eleventh Circuit Holds That There Is No Jurisdiction to Review a Partial Dismissal Where the Rest of the Claims Were Transferred to Another Circuit
In Jenkins v. Prime Ins. Co., No. 21-11104 (11th Cir. May 4, 2022), the Eleventh Circuit holds that where a district court dismisses part of case on the merits and transfers the rest out of circuit under 28 U.S.C. § 1404(a), the partial dismissal is not a final decision subject to appeal under 28 U.S.C.Continue reading “Despite “Predicament” That Plaintiffs May Get No Appeal on the Merits, Eleventh Circuit Holds That There Is No Jurisdiction to Review a Partial Dismissal Where the Rest of the Claims Were Transferred to Another Circuit”
Pending Fed. R. Civ. P. 68 Offer of Judgment Not Terminated by Intervening Grant of Summary Judgment, Holds Ninth Circuit
In Kubiak v. County of Ravalli, No. 21-35542 (9th Cir. May 3, 2022), the Ninth Circuit holds that a Fed. R. Civ. P. 68 offer of judgment remained open for fourteen days for the plaintiff to accept, even after the district court granted summary judgment (but did not enter final judgment) while the time wasContinue reading “Pending Fed. R. Civ. P. 68 Offer of Judgment Not Terminated by Intervening Grant of Summary Judgment, Holds Ninth Circuit”
District Court May Not Look Behind a State Court’s Application of Its Own Procedural Law on Motion to Remand Under 28 U.S.C. § 1446, Holds Fifth Circuit
In Turner v. GoAuto Insurance, No. 22-30103 (5th Cir. May 2, 2022), the Fifth Circuit holds that a district court properly remanded a class action to state court under 28 U.S.C. § 1446 when it accepted an amended complaint, filed two days before the removal petition, as the operative complaint that limited the class solelyContinue reading “District Court May Not Look Behind a State Court’s Application of Its Own Procedural Law on Motion to Remand Under 28 U.S.C. § 1446, Holds Fifth Circuit”
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