Monthly Archives: June 2023

Eleventh Circuit Holds That District Court Erred in Disregarding Jury Finding Made by Consent of the Parties in Accordance with Fed. R. Civ. P. 39(c)(2)

In Thomas v. Broward County Sheriff’s Office, No. 22-11322 (11th Cir. June 22, 2023), the Eleventh Circuit holds in a Uniformed Services Employment and Reemployment Rights Act (USERRA) case that the district court was required to accept a finding of a willful violation entered by the jury on a special interrogatory when the parties consentedContinue reading “Eleventh Circuit Holds That District Court Erred in Disregarding Jury Finding Made by Consent of the Parties in Accordance with Fed. R. Civ. P. 39(c)(2)”

Fifth Circuit Holds That Employers Have Standing to Pursue Pre-Enforcement Challenge to the EEOC’s Enforcement Guidance on Bostock

In Braidwood Mgt. v. EEOC, No. 22-10145 (5th Cir. June 20, 2023), the Fifth Circuit holds that a for-profit “Christian” business and a non-denominational Christian church suffered a concrete injury from prospective enforcement of a guidance by the federal Equal Employment Opportunity Commission (EEOC) sufficient to support Article III standing. The guidance at issue isContinue reading “Fifth Circuit Holds That Employers Have Standing to Pursue Pre-Enforcement Challenge to the EEOC’s Enforcement Guidance on Bostock”

Don’t Make A Federal Case Out Of It: Seventh Circuit Considers A Lawsuit For $3.95

In Mack v. Resurgent Capital Servs., L.P., No. 21-2792 (7th Cir. June 7, 2023), the Seventh Circuit reverses and remands a Fair Debt Collection Practices Act (FDCPA) lawsuit brought to collect $3.95 in postage, a claim held by the panel to confer Article III standing to bring the case in federal court. Since the SupremeContinue reading “Don’t Make A Federal Case Out Of It: Seventh Circuit Considers A Lawsuit For $3.95”

Split Fourth Circuit Panel Holds That Fed. R. Civ. P. 52 and 65 Standards for Injunctive Relief Applied to Prohibitory Order Enforcing Settlement Agreement

In Wudi Industrial (Shanghai) Co., Ltd. v. Wai Wong, No. 22-1495 (4th Cir. June 5, 2023), a 2-1 panel of the Fourth Circuit holds that the district court procedurally erred when it ordered a party to a settlement to “immediately cease” certain conduct prohibited by their agreement, holding that the judge was obliged to enterContinue reading “Split Fourth Circuit Panel Holds That Fed. R. Civ. P. 52 and 65 Standards for Injunctive Relief Applied to Prohibitory Order Enforcing Settlement Agreement”

Fifth Circuit Breaks With Other Circuits and Holds That Parents May Represent Minor Children Pro Se in Federal Court

In Raskin v. Dallas Indep. Sch. Dist., No. 21-11180 (5th Cir. June 2, 2023), the Fifth Circuit goes against the weight of ten other circuits and holds that there is no absolute bar to non-attorney parents representing their children pro se in federal court under the language of 28 U.S.C. § 1654. (Here’s a priorContinue reading “Fifth Circuit Breaks With Other Circuits and Holds That Parents May Represent Minor Children Pro Se in Federal Court”