In United States v. Robinson, No. 22-10949 (11th Cir. Sept. 28, 2023), the Eleventh Circuit vacates the criminal contempt conviction of a former employee of an enjoined corporation, holding that former employees are not “employees” within the intendment of Fed. R. Civ. P. 65(d)(2) and that the government did not prosecute the defendant under theContinue reading “Eleventh Circuit Holds That a Former Employee Is Not an “Employee” Bound by an Injunction Under Fed. R. Civ. P. 65(d)”
Monthly Archives: September 2023
Federal Equitable Power Did Not Extend to Returning Seized Cell Phone to “My Pillow” CEO, Holds Eighth Circuit
In Lindell v. United States, No. 22-3510 (8th Cir. Sept. 23, 2023), the Eighth Circuit affirms a district court’s denial of a preliminary injunction to MyPillow, Inc. and its Chief Executive Officer Michael Lindell to return “Lindell’s cell phone that was seized by federal agents on September 13, 2022.” The panel splits, though, on whetherContinue reading “Federal Equitable Power Did Not Extend to Returning Seized Cell Phone to “My Pillow” CEO, Holds Eighth Circuit”
Fifth Circuit Judge Expounds on Internal Operations, Castigates Justice Department in Dissent from Denial of Rehearing En Banc
In a dissent from denial of a sua sponte vote for rehearing en banc in a direct federal criminal appeal, United States v. Ramirez, No. 22-50042 (5th Cir. Sept. 19, 2023), Judge Jerry E. Smith rakes over the panel majority, the majority of active judges who voted against rehearing, and the Justice Department (for notContinue reading “Fifth Circuit Judge Expounds on Internal Operations, Castigates Justice Department in Dissent from Denial of Rehearing En Banc”
Eleventh Circuit Holds That Fed. R. Civ. P. 41(a)(1)(A)(ii) Stipulation Must Be Signed by All Parties Who Have Appeared in a Lawsuit to Be Effective, Creating Split with the Fifth Circuit
In City of Jacksonville v. Jacksonville Hospitality Holdings, L.P., No. 22-12419 (11th Cir. Sept. 13, 2023), the Eleventh Circuit holds in a matter of first impression that all parties to a case—not just those directly involved in the dismissal—must sign a Fed. R. Civ. P. 41(a)(1)(A)(ii) dismissal motion for it to be effective. Rule 41(a)(1)(A)(ii)Continue reading “Eleventh Circuit Holds That Fed. R. Civ. P. 41(a)(1)(A)(ii) Stipulation Must Be Signed by All Parties Who Have Appeared in a Lawsuit to Be Effective, Creating Split with the Fifth Circuit”
Tenth Circuit Holds District Court May Not Use Fed. R. Civ. P. 60(b) to Reopen a Case Voluntarily Dismissed Under Fed. R. Civ. P. 41(a), Creating Split with the Fifth Circuit
In Waetzig v. Halliburton Energy Services, No. 22-1252 (10th Cir. Sept. 11, 2023), a 2-1 panel of the Tenth Circuit holds that a district court lacks power under Rule 60(b) to reopen a case voluntarily dismissed by a plaintiff under Rule 41(a), because such a dismissal is not a “a final judgment, order, or proceeding.”Continue reading “Tenth Circuit Holds District Court May Not Use Fed. R. Civ. P. 60(b) to Reopen a Case Voluntarily Dismissed Under Fed. R. Civ. P. 41(a), Creating Split with the Fifth Circuit”
Eighth Circuit Holds That Stipulations About Citizenship Are Not Binding When Evaluating Diversity Jurisdiction, Signaling a Possible Split with Other Circuits
In Great River Entertainment, LLC v. Zurich American Ins. Co., No. 21-3815 (8th Cir. Sept. 11, 2023), the Eighth Circuit reverses and remands a final judgment dismissing this insurance coverage lawsuit, holding that—despite an admission by the plaintiff in the district court that the parties were diverse—the plaintiff could contradict that stipulation on appeal withContinue reading “Eighth Circuit Holds That Stipulations About Citizenship Are Not Binding When Evaluating Diversity Jurisdiction, Signaling a Possible Split with Other Circuits”
Concurring Judge Urges Seventh Circuit to Revisit Spousal Testimonial Privilege as Applied to Co-Conspirators
In United States v. Diggs, No. 22-1502 (7th Cir. Sept. 5, 2023), a concurring judge in an opinion otherwise affirming a criminal conviction urges that the circuit revisit its stance on the spousal testimonial privilege as applied to alleged co-conspirators, holding that the standing circuit law was overruled by Trammel v. United States, 445 U.S.Continue reading “Concurring Judge Urges Seventh Circuit to Revisit Spousal Testimonial Privilege as Applied to Co-Conspirators”
No Leniency for a Pro Se Litigant Who Is Also a Licensed Attorney, Holds Ninth Circuit
In Hoffman v. Lindgren, No. 22-35471 (9th Cir. Sept. 1, 2023), the Ninth Circuit resolves an intracircuit split and holds that no leniency is due to pro se litigants who are also licensed, practicing attorneys. “Huffman, a practicing attorney, sued a municipal court judge, a prosecutor, and the City of St. Helens, Oregon in ColumbiaContinue reading “No Leniency for a Pro Se Litigant Who Is Also a Licensed Attorney, Holds Ninth Circuit”
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