Unquantified Nominal Damage Award Rendered Judgment Non-Final, Holds Eighth Circuit

In Perficient, Inc. v. Munley, No. 21-2121 (8th Cir. Aug. 9, 2022), the Eighth Circuit was compelled to dismiss an appeal of a summary judgment decision for the plaintiff because the judge left the nominal damage award unfinished. “Perficient moved for summary judgment against its former employee Munley and Munley’s new employer Spaulding Ridge inContinue reading “Unquantified Nominal Damage Award Rendered Judgment Non-Final, Holds Eighth Circuit”

Sixth Circuit Holds That 18 U.S.C. § 3731 Gives It Appellate Jurisdiction Over Order Denying Motion to Admit Government’s Evidence in Terrorism Prosecution

In United States v. Musaibli, No. 22-1013 (6th Cir. Aug. 2, 2022), holds that 18 U.S.C. § 3731, which gives the court of appeals jurisdiction to hear the U.S. Government’s appeal of any “decision or order of a district court suppressing or excluding evidence” also applies to a lower-court order denying the government’s motion toContinue reading “Sixth Circuit Holds That 18 U.S.C. § 3731 Gives It Appellate Jurisdiction Over Order Denying Motion to Admit Government’s Evidence in Terrorism Prosecution”

Seventh Circuit Notes Important Difference Between Rejected Fed. R. Civ. P 68 Offer and Non-Rule 68 Settlement Offer in Determining Reasonable Attorney’s Fee

In Cooper v.  Retrieval Masters Creditors, No. 18-2358 (7th Cir. July 29, 2022), the Seventh Circuit vacates and remands an attorney’s fee award that was improperly reduced in a Fair Debt Collection Practices Act (FDCPA) case in reliance on a rejected, non-Rule 68 settlement offer in a mediation. “In February 2016, defendant Retrieval‐Masters Creditors BureauContinue reading “Seventh Circuit Notes Important Difference Between Rejected Fed. R. Civ. P 68 Offer and Non-Rule 68 Settlement Offer in Determining Reasonable Attorney’s Fee”