Monthly Archives: July 2023

Eighth Circuit Holds That There Is No Subject-Matter Jurisdiction Over Removed Case Once Plaintiff Amends Their Complaint to Strip Out All Federal-Law Allegations, Noting Split with Second and Fifth Circuits

In Wullschleger  v.  Royal Canin U.S.A., Inc., No. 22-1796 (8th Cir. July 31, 2023), on its second trip to the Eighth Circuit, the court holds that a class-action plaintiff successfully outfoxed the defendants by promptly amending their removed complaint to strike out all federal-law allegations, thus depriving the district court of subject-matter jurisdiction. This isContinue reading “Eighth Circuit Holds That There Is No Subject-Matter Jurisdiction Over Removed Case Once Plaintiff Amends Their Complaint to Strip Out All Federal-Law Allegations, Noting Split with Second and Fifth Circuits”

Ninth Circuit Holds That District Court Lacked Authority to Convert a Fed. R. Civ. P. 56 Summary Judgment Motion Sua Sponte into a Fed. R. Civ. P. 12 Motion to Dismiss

In Jones v. L.A. Central Plaza, No. 22-55489 (9th Cir. July 26, 2023), the Ninth Circuit holds that the district court erred by sua sponte granting a Rule 12 dismissal on the pleadings for lack of Article III standing, when the parties had already briefed summary judgment on the same standing issue. Jones sued theContinue reading “Ninth Circuit Holds That District Court Lacked Authority to Convert a Fed. R. Civ. P. 56 Summary Judgment Motion Sua Sponte into a Fed. R. Civ. P. 12 Motion to Dismiss”

In Mixed Jury-Bench Trial, Third Circuit Holds That District Court Properly Rejected Advisory Jury Verdict for Defendant on an ERISA Retaliation Claim and Granted Judgment to Plaintiff

In Kairys v. Southern Pines Trucking Inc., No. 22-1783 (3d Cir. July 25, 2023), the Third Circuit holds that a district court’s bench ruling on an ERISA retaliation claim—rejecting an advisory jury verdict for the defendant and granting judgment to the plaintiff—did not conflict with the jury’s factual findings related to other plaintiff’s employment claims.Continue reading “In Mixed Jury-Bench Trial, Third Circuit Holds That District Court Properly Rejected Advisory Jury Verdict for Defendant on an ERISA Retaliation Claim and Granted Judgment to Plaintiff”

Unanimous En Banc Eleventh Circuit Says “Whoops,” Overrules 2019 Decision on Standing in TCPA Case to Bring Itself in Line with Other Circuits

In Drazen v. Pinto, No. 21-10199 (11th Cir. July 24, 2023), the en banc Eleventh Circuit reverses itself and holds that a single junk text confers Article III standing on a consumer under the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227(b)(1)(A)(iii). See my May 27, 2021 post on the same topic.Continue reading “Unanimous En Banc Eleventh Circuit Says “Whoops,” Overrules 2019 Decision on Standing in TCPA Case to Bring Itself in Line with Other Circuits”

Second Circuit Joins Other U.S. Courts of Appeals in Holding That Rooker-Feldman Does Not Apply to a State Case That Is Still on Appeal in State Court

In Hunter v. MacMahon, No. 21-1473 (2d Cir. July 21, 2023), the Second Circuit joins the First, Third, Fifth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits in holding that the Rooker-Feldman doctrine does not extend to a federal lawsuit challenging the effects of a state-court judgment when a state-court appeal from that judgment remains pending.Continue reading “Second Circuit Joins Other U.S. Courts of Appeals in Holding That Rooker-Feldman Does Not Apply to a State Case That Is Still on Appeal in State Court”

Split Eighth Circuit Panel Holds That Voluntary Dismissal of Pending Claims Against Some Defendants Without Prejudice Did Not Create “Final Decision” or Appellate Jurisdiction Under 28 U.S.C. § 1291

In City of Burnsville  v.  Koppers, Inc., No. 21-3177 (8th Cir. July 19, 2023), a split Eight Circuit panel dismisses an appeal that it holds arose from a non-final judgment, where the parties agreed to voluntarily dismiss all remaining claims without prejudice to appeal a contested issue of law. “Several cities in Minnesota allege thatContinue reading “Split Eighth Circuit Panel Holds That Voluntary Dismissal of Pending Claims Against Some Defendants Without Prejudice Did Not Create “Final Decision” or Appellate Jurisdiction Under 28 U.S.C. § 1291”

Seventh Circuit Contributes to Circuit Split About Whether a Breach of Contract Alone Is a Sufficient “Injury in Fact” for Article III Standing Purposes

In Dinerstein v. Google, LLC, No. 20-3134 (7th Cir. July 11, 2023), the Seventh Circuit is invited to decide whether a university hospital’s alleged disclosure of patient data to an on-line giant constituted a violation of state tort, contract or statutory law. But the panel bypasses this dispute and holds instead that the lead plaintiffContinue reading “Seventh Circuit Contributes to Circuit Split About Whether a Breach of Contract Alone Is a Sufficient “Injury in Fact” for Article III Standing Purposes”

Settlement Agreement That Paid Plaintiff $100,000 to Take an Appeal Did Not Deprive Court of “Case or Controversy,” Holds Divided, En Banc Elventh Circuit

In Carson v. Mansanto Co., No. 21-10994 (11th Cir. July 10, 2023), the en banc Eleventh Circuit holds that it has appellate jurisdiction to adjudicate a dispute about whether a “federal agency action that otherwise lacks the force of law preempts the requirements of state law,” despite the complication that the defendant paid the plaintiffContinue reading “Settlement Agreement That Paid Plaintiff $100,000 to Take an Appeal Did Not Deprive Court of “Case or Controversy,” Holds Divided, En Banc Elventh Circuit”

Fifth Circuit Panel Splits Three Ways on Effect of Cessation of Navy COVID-19 Vaccine Mandate on Appellate Jurisdiction

Other federal courts of appeals have had little difficulty concluding that the end of the military’s COVID-19 vaccine mandate – as legislated in the James M. Inhofe National Defense Authorization Act (NDAA) in 2022 –renders moot all pending litigation concerning injunctive relief from the rule. Just yesterday, the Tenth Circuit in Robert v. Austin, No.Continue reading “Fifth Circuit Panel Splits Three Ways on Effect of Cessation of Navy COVID-19 Vaccine Mandate on Appellate Jurisdiction”

Anonymity for Plaintiff Properly Revoked When Litigant Sought Publicity and “Disseminated Sensitive Material” About the Defendant, Holds Tenth Circuit

In Luo v. Wang, No. 22-1200 (10th Cir. July 3, 2023), a rare published opinion about the revocation of a pseudonym in a civil case, the Tenth Circuit affirms the lower courts reconsideration of the plaintiff’s use of the “Jane Doe” appellation when it came to light that the plaintiff had been seeking media attentionContinue reading “Anonymity for Plaintiff Properly Revoked When Litigant Sought Publicity and “Disseminated Sensitive Material” About the Defendant, Holds Tenth Circuit”