Monthly Archives: July 2022

District Court Erred by Deciding Motion to Dismiss on Letter Submissions Without Warning to Parties, Second Circuit Holds

In Int’l Code Council v. UpCodes, No. 21-826 (2d Cir. July 29, 2022), a Second Circuit panel criticizes the practice of a district court judge who rules on dispositive motions based on cross-letter submissions by the parties. “International Code Council, Inc. (‘ICC’), a nonprofit organization that develops model building codes and standards, sued a for-profitContinue reading “District Court Erred by Deciding Motion to Dismiss on Letter Submissions Without Warning to Parties, Second Circuit Holds”

Split Fifth Circuit Panel Holds That Parents of Children with Disabilities Lacked Article III Standing to Demand Mask-Mandates Against COVID in Public Schools

In E.T. v. Paxton, No. 21-51083 (5th Cir. July 25, 2022), a Fifth Circuit panel splits three ways on whether a group of parents had standing to sue Texas Governor Greg Abbott, the state’s attorney general, and other officers to enjoin an executive order that banned mask mandates in schools, specifically as an accommodation forContinue reading “Split Fifth Circuit Panel Holds That Parents of Children with Disabilities Lacked Article III Standing to Demand Mask-Mandates Against COVID in Public Schools”

District Court Did Not Abuse Discretion Under Fed. R. Civ. P. 21 in Dropping Non-Diverse Party Added to Complaint Days After Removal, Holds Third Circuit

In Avenatti v. Fox News Network LLC, No. 21-2702 (3d Cir. July 21, 2022), the Third Circuit affirms a decision of the district court to drop a defendant added to a complaint, just days after its removal, under Fed. R. Civ. P. 21. When non-diverse defendants are named in the state-court complaint prior to removalContinue reading “District Court Did Not Abuse Discretion Under Fed. R. Civ. P. 21 in Dropping Non-Diverse Party Added to Complaint Days After Removal, Holds Third Circuit”

A Failure to Timely Cross-Appeal an Issue Is Not Jurisdictional and Thus Objection to Such an Omission Can Be Forfeited, Holds Sixth Circuit

In Georgia-Pacific Consumer Prods. v. NCR Corp., No.18-1806 (6th Cir. July 14, 2022), in an order denying rehearing en banc, the panel amends its original order with an appendix to hold that any objection to a party’s failure to timely cross-appeal from a final judgment does not go to subject-matter jurisdiction, and thus may beContinue reading “A Failure to Timely Cross-Appeal an Issue Is Not Jurisdictional and Thus Objection to Such an Omission Can Be Forfeited, Holds Sixth Circuit”

Sixth Circuit Adopts Narrower “Forum State” Approach to Nationwide Service of Process under 18 U.S.C. § 1965(b) of RICO Act, Joining Majority View in Circuit Split

In Peters Broadcast Eng’g, Inc. v. 24 Capital, LLC, No. 21-3849 (6th Cir. July 13, 2022), the Sixth Circuit joins six other circuits in holding that, for nationwide service of process under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1965, at least one defendant must be subject to personal jurisdiction inContinue reading “Sixth Circuit Adopts Narrower “Forum State” Approach to Nationwide Service of Process under 18 U.S.C. § 1965(b) of RICO Act, Joining Majority View in Circuit Split”

Eleventh Circuit Holds That There Can Be No “Prevailing Party” in a Federal Lawsuit for Purposes of Fed. R. Civ. P. 54(d)(1), Adding to Circuit Split

In Royal Palm Properties, LLC v. Pink Palm Properties, LLC, No. 21-10872 (11th Cir. July 7, 2022), the Eleventh Circuit holds that where a case ends in a “split judgment and both parties lost on their claims,”  there can be “no clear winner” and “thus, no prevailing party” for purposes of awarding costs under Fed.Continue reading “Eleventh Circuit Holds That There Can Be No “Prevailing Party” in a Federal Lawsuit for Purposes of Fed. R. Civ. P. 54(d)(1), Adding to Circuit Split”