In United States v. v. Blaszczak, No. 18-2811 (2d Cir. Dec. 28, 2022), the panelists disagree about whether a federal court owes deference to the Justice Department’s decision to abandon prosecution on a claim at the appeal stage. “This appeal returns to us on remand from the United States Supreme Court for further consideration, inContinue reading “Split Second Circuit Panel Debates Judicial Deference to Prosecutorial Discretion to Dismiss a Prosecution That Has Already Been Tried to Verdict”
Monthly Archives: December 2022
Once District Court Enters Remand Order Under 28 U.S.C. § 1447(c), It Cannot Revisit That Decision Under Fed. R. Civ. P. 59, Holds Eighth Circuit
In Stone v. J&M Securities, LLC, No. 21-3422 (8th Cir. Dec. 19, 2022), the Eighth Circuit vacates an amended judgment entered in response to a motion for reconsideration under Fed. R. Civ. P 59(e). The panel holds that the order dismissing the plaintiffs’ state-law claims on the merits, though erroneous, could not be corrected post-judgmentContinue reading “Once District Court Enters Remand Order Under 28 U.S.C. § 1447(c), It Cannot Revisit That Decision Under Fed. R. Civ. P. 59, Holds Eighth Circuit”
New Jersey District Court Scores TKO in Epic Fight with Fifth Circuit Over Venue of Gun-Rights Case
In a gun-rights case that’s generated a succession of Fifth Circuit decisions (see blog entries of August 20, 2020, April 2, 2022, and September 19, 2022), the Fifth Circuit finally throws in the towel with a decision holding that it lacks jurisdiction, owing to the failure of a transferee court to return a case toContinue reading “New Jersey District Court Scores TKO in Epic Fight with Fifth Circuit Over Venue of Gun-Rights Case”
Surviving Family Members Who Do Not Represent a Decedent Party’s Estate Need Not Be Served with A Suggestion of Death Under Fed. R. Civ. P. 25(a), Eleventh Circuit Holds
In Silas v. Sheriff of Broward Cnty., Fla., No. 21-13946 (11th Cir. Dec. 14, 2022), the Eleventh Circuit holds that a defendant’s survivors who do not formally represent the decedent’s estate are not “nonparties” for purposes of Fed. R. Civ. P. 25(a)(3), and thus suggestion of death need not be served on them to triggerContinue reading “Surviving Family Members Who Do Not Represent a Decedent Party’s Estate Need Not Be Served with A Suggestion of Death Under Fed. R. Civ. P. 25(a), Eleventh Circuit Holds”
Federal Case That May Require Assessing Damage to Decedent’s Estate Assets Not Barred by the Probate Exception to Federal Jurisdiction, Holds First Circuit
In Glassie v. Doucette, No. 21-1761 (1st Cir. Dec. 5, 2022), the First Circuit reverses dismissal of a civil action on federal subject-matter jurisdiction grounds, holding that the so-called probate exception did not apply even though the case may require the district court to award damages for the loss in value of a decedent estate.Continue reading “Federal Case That May Require Assessing Damage to Decedent’s Estate Assets Not Barred by the Probate Exception to Federal Jurisdiction, Holds First Circuit”
Eleventh Circuit Holds District Court Lacked Equitable Jurisdiction to Make the Government’s Use of Documents Seized from Former President Trump Subject to Special Master Review
In Trump v. United States, No. 22-13005 (11th Cir. Dec. 2, 2022), the Eleventh Circuit vacates and orders dismissal of a proceeding brought by the former president in the U.S. District Court for the Southern District of Florida to block the FBI’s use of documents seized from his personal residence, holding that the court lackedContinue reading “Eleventh Circuit Holds District Court Lacked Equitable Jurisdiction to Make the Government’s Use of Documents Seized from Former President Trump Subject to Special Master Review”
Paul Mollica's Federal Courts Blog 