In Greenberg v. Lehocky, No. 22-1733 (3d Cir. Aug. 29, 2023), the Third Circuit reverses a preliminary injunction against Pennsylvania’s recently adopted professional responsibility rule, PRPC 8.4(g), prohibiting discrimination and harassment in the practice of law. It holds that the plaintiff, a lawyer who lectures on free-speech issues, demonstrated no credible threat that he wouldContinue reading “Third Circuit Dismisses Pre-Enforcement Challenge to Attorney Ethics Rule on Discrimination (Rule 8.4(g)) on Article III Standing Grounds”
Monthly Archives: August 2023
Second Circuit Holds That Party Accused of Fabricating Evidence is Not Entitled to a Jury Trial on a Fed. R. Civ. P. 37(e) Sanctions Motion
In Rossbach v. Montefiore Med. Cntr., No. 21-2084 (2d Cir. Aug. 28, 2023), the Second Circuit joins other courts in holding that the Seventh Amendment does not require a jury trial to evaluate a claim of evidence fabrication and spoliation under Fed. R. Civ. P. 37(e) and 28 U.S.C. § 1927. The district court dismissedContinue reading “Second Circuit Holds That Party Accused of Fabricating Evidence is Not Entitled to a Jury Trial on a Fed. R. Civ. P. 37(e) Sanctions Motion”
Fifth Circuit, in Reissued Decision, Expounds on Limits of State’s Parens Patriae Authority to Litigate in Federal Court on Behalf of Suspended Students
In Louisiana State v. Jefferson Parish School Board, No. 22-30143 (5th Cir. Aug. 22, 2023), the Fifth Circuit dismisses the State of Louisiana’s continuation of a case in federal court against a local school board that sought to discipline two student who displayed weapons during remote-learning sessions during the COVID lockdown. (The original decision wasContinue reading “Fifth Circuit, in Reissued Decision, Expounds on Limits of State’s Parens Patriae Authority to Litigate in Federal Court on Behalf of Suspended Students”
Fifth Circuit Rejects “Futility” Exception to 28 U.S.C. § 1447(c) Remand Requirement
In Spivey v. Chitimacha Tribe, No. 22-30436 (5th Cir. Aug. 16, 2023), the Fifth Circuit joins the majority of circuits in holding that there is no “futility” exception to ordering the remand of a case to state court under 28 U.S.C. § 1447(c) when it determines that it lacks subject matter jurisdiction over a removedContinue reading “Fifth Circuit Rejects “Futility” Exception to 28 U.S.C. § 1447(c) Remand Requirement”
Seventh Circuit Wades into Circuit Split About Whether District Courts Have Discretion to Allow Amendment of a Complaint Through Summary Judgment Briefing
In Schmees v. HC1.com, Inc., No. 22-1214 (7th Cir. Aug. 8, 2023), the Seventh Circuit addresses the “muddled” law of whether district courts may treat new claims raised by a plaintiff for the first time in summary judgment briefing as a constructive amendment to the complaint. The court holds they may, although it does notContinue reading “Seventh Circuit Wades into Circuit Split About Whether District Courts Have Discretion to Allow Amendment of a Complaint Through Summary Judgment Briefing”
Split Second Circuit Panel Holds That A Non-Party Is In “Active Concert or Participation” Under Fed. R. Civ. P. 65(d) Only If They Intend to Benefit or Assist an Enjoined Party
In Havens v. James, No.20-664_(2d Cir. Aug. 4, 2023), a split Second Circuit panel holds that under Fed. R. Civ. R. 65(d)(2), that for a non-party to be subject to an injunction as acting in “active concert or participation,” they must act with the purpose of benefiting or assisting an enjoined party. The panel majorityContinue reading “Split Second Circuit Panel Holds That A Non-Party Is In “Active Concert or Participation” Under Fed. R. Civ. P. 65(d) Only If They Intend to Benefit or Assist an Enjoined Party”
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