Monthly Archives: March 2023

Two Concurring Eleventh Circuit Judges Question the Wisdom of a Federal Court of Appeals Issuing “Alternative Holdings” to Support a Decision

In United States v. Files, No. 21-12859 (11th Cir. Mar. 24, 2023) — an appeal of denial of relief to a prisoner under the First Step Act, Pub. L. No. 115-391, § 404, 132 Stat. 5194, 5222 (2018) — two of the panelists append a short concurrence questioning the wisdom of court of appeals’ decisionsContinue reading “Two Concurring Eleventh Circuit Judges Question the Wisdom of a Federal Court of Appeals Issuing “Alternative Holdings” to Support a Decision”

Decennial Redistricting Mooted Six-Year-Old Constitutional Challenge to Petition Requirement, Holds Seventh Circuit

In Gill v. Linnabary, No. 22-1653 (7th Cir. Mar. 22, 2023), the Seventh Circuit dismisses as moot a challenge first filed in 2016 that challenged the Illinois ballot access rules to run for Congress as an independent. “The Illinois Election Code sets forth certain nomination requirements for independent candidates to appear on the general electionContinue reading “Decennial Redistricting Mooted Six-Year-Old Constitutional Challenge to Petition Requirement, Holds Seventh Circuit”

Seventh Circuit Divides Over Whether There Is a “Corruption” Exception to the Rooker-Feldman Doctrine

In Hadzi-Tanovic v. Johnson, No. 21-3373 (7th Cir. Mar. 14, 2023), the Seventh Circuit overrules (over a two-judge dissent) prior panel decisions holding that a plaintiff can avoid the operation of the Rooker–Feldman doctrine by alleging that the state-court judgment was the product of corruption. “This case arises out of a custody dispute between plaintiffContinue reading “Seventh Circuit Divides Over Whether There Is a “Corruption” Exception to the Rooker-Feldman Doctrine”

Sixth Circuit Disapproves of “Administrative Closure” of Case by District Court As “Irreconcilable With the Requirements Set Forth in the [Federal] Rules” for Closing Cases

In Rodriguez v. Hirshberg Acceptance Corp., No. 20-2184 (6th Cir. Mar. 14, 2023), the Sixth Circuit – while recognizing the district court’s “tremendous freedom in managing their caseload” – holds that a common procedural method of tabling inactive litigation, the “administrative closure,” has no foundation in the Federal Rules of Civil Procedure and recommends aContinue reading “Sixth Circuit Disapproves of “Administrative Closure” of Case by District Court As “Irreconcilable With the Requirements Set Forth in the [Federal] Rules” for Closing Cases”

Fifth Circuit Holds Lawyer Could Be Sanctioned Under 28 U.S.C. § 1927 For “Irrelevant Lines of Questioning” in Depositions

In Vaughan v. Lewisville Independent School Dist., No. 22-40057 (5th Cir. Mar. 9, 2023), the Fifth Circuit held that a plaintiff’s lawyer who asked four deponents about subject areas far afield of the dispute could be personally monetarily sanctioned for “unreasonable” and “vexatious” multipliction of the proceedings under 28 U.S.C. § 1927. “Frank Vaughan filedContinue reading “Fifth Circuit Holds Lawyer Could Be Sanctioned Under 28 U.S.C. § 1927 For “Irrelevant Lines of Questioning” in Depositions”

Fourth Circuit Holds That Plaintiffs Should Have Submitted Prejudgment Interest Claim to Jury, Vacating $36 Million Interest Award Entered Post-Trial by District Court

In Gilliam v. Allen, No. 21-2313 (4th Cir. Mar. 8, 2023), while substantially affirming a $62 million compensatory damage verdict (and $13 million in punitive damages) for two plaintiffs who improperly served 31 years in prison, the Fourth Circuit tosses an extra $36 million post-judgment award of prejudgment interest by the district court, holding thatContinue reading “Fourth Circuit Holds That Plaintiffs Should Have Submitted Prejudgment Interest Claim to Jury, Vacating $36 Million Interest Award Entered Post-Trial by District Court”

Ninth Circuit Holds Battery Maker Made “Purposeful Availment” of the State of Hawai’i Sufficient for Personal Jurisdiction, Yet A Product Liability Case Did Not “Arise Out of Or Relate To” Those Contacts

In Yamashita v. LG Chem, Ltd., No. 20-17512 (9th Cir. Mar. 6, 2023), the Ninth Circuit holds in a products-liability case that there was no personal jurisdiction in Hawai’i over a USA subsidiary of a South Korean manufacturer headquartered in Georgia, despite that the company ships their products through Honolulu and sells some of itsContinue reading “Ninth Circuit Holds Battery Maker Made “Purposeful Availment” of the State of Hawai’i Sufficient for Personal Jurisdiction, Yet A Product Liability Case Did Not “Arise Out of Or Relate To” Those Contacts”