Monthly Archives: May 2023

Under Federal Common Law, Punitive Damage Award Under Surface Transportation Assistance Act Abates with the Death of the Claimant, Holds Sixth Circuit

In Weatherford U.S., L.P. v. United States Department of Labor, No. 21-3017 (6th Cir. May 24, 2023), the Sixth Circuit holds that – following federal common law – a punitive damage award entered by an administrative law judge Surface Transportation Assistance Act does not survive the death of the claimant. “Daniel Ayres brought an administrativeContinue reading “Under Federal Common Law, Punitive Damage Award Under Surface Transportation Assistance Act Abates with the Death of the Claimant, Holds Sixth Circuit”

Seventh Circuit Merits Panel Overrules Motion Panel, Revoking Appointment of Appellate Counsel That Resulted in “Forbidden” Hybrid Representation

In United States v. Njos, No. 21-3412 (7th Cir. May 22, 2023), a Seventh Circuit holds – in the fullness of time – that the court’s motion panel should not have appointed counsel in behalf of a criminal defendant to pursue an argument that the defendant expressly waived, and therefore grants the defendant’s motion toContinue reading “Seventh Circuit Merits Panel Overrules Motion Panel, Revoking Appointment of Appellate Counsel That Resulted in “Forbidden” Hybrid Representation”

Fed. R. Civ. P. 41(a)(2) Cannot Be Used to Dismiss Individual Claims, Holds Eleventh Circuit

In Rosell v. VMSB, LLC, No. 22-11325 (11th Cir. May 12, 2023), The Eleventh Circuit “make[s] explicit what our precedent has implied for almost two decades: Federal Rule of Civil Procedure 41(a)(2) provides only for the dismissal of an entire action. Any attempt to use this rule to dismiss a single claim, or anything lessContinue reading “Fed. R. Civ. P. 41(a)(2) Cannot Be Used to Dismiss Individual Claims, Holds Eleventh Circuit”

Seventh Circuit Once Again Tangles with Whether a Chinese-Based Company Is a Corporation or a Limited Liability Company for Purposes of Alien-Citizen Diversity Jurisdiction

Previously, this blog reported on a complex 28 U.S.C. §1332(a)(2) issue of whether a Chinese enterprise was properly held to be a partnership, corporation, or foreign state for diversity purposes (see January 31, 2023 post) decided by the Seventh Circuit.  This Seventh Circuit case, Sunny Handicraft (H.K.) Ltd. v. Envision This! LLC, No. 21-1579 (7thContinue reading “Seventh Circuit Once Again Tangles with Whether a Chinese-Based Company Is a Corporation or a Limited Liability Company for Purposes of Alien-Citizen Diversity Jurisdiction”

Fifth Circuit Panel Divides Over Issuance of a Foreign Anti-Suit Injunction in Jones Act Case, Noting the Circuit’s “Permissive” Approach Favoring Such Relief

In Ganpat v. Eastern Pacific Shipping PTE, No. 22-30168 (5th Cir. Apr. 28, 2023), the Fifth Circuit divides over whether the district court abused its discretion in issuing an anti-suit injunction to bar litigation of a sailor’s personal injury action in India. “Kholkar Vishveshwar Ganpat, a citizen of India, worked as a crew member onContinue reading “Fifth Circuit Panel Divides Over Issuance of a Foreign Anti-Suit Injunction in Jones Act Case, Noting the Circuit’s “Permissive” Approach Favoring Such Relief”