Monthly Archives: October 2023

Split Eleventh Circuit Panel Holds That Legislator Privilege Is Absolute Immunity From Discovery in Civil Action

In Pernell v. Andrade, No. 23-10616 (11th Cir. Oct. 30, 2023), a 2-1 panel reverses a district court’s order enforcing subpoenas against legislators in an action challenging the constitutionality of Florida’s “Stop W.O.K.E. Act,” with the panel dividing over whether the legislator privilege is absolute or to some degree qualified by “important federal interestes.” “InContinue reading “Split Eleventh Circuit Panel Holds That Legislator Privilege Is Absolute Immunity From Discovery in Civil Action”

Split Panel in Fifth Circuit Adopts Stricter Dowell Standard to Review Louisiana’s Compliance with Voting Rights Consent Decree on State’s Fed. R. Civ. P. 60(b)(5) Motion for Relief from Judgment

In Chisolm v. State of Louisiana, No. 22-30320 (5th Cir. Oct. 25, 2023), a split panel affirms denial of a motion to dissolve a voting-rights consent decree under Fed. R. Civ. P. 60(b)(5). That rule provides that a party may move for relief from a judgment if it “has been satisfied, released, or discharged; itContinue reading “Split Panel in Fifth Circuit Adopts Stricter Dowell Standard to Review Louisiana’s Compliance with Voting Rights Consent Decree on State’s Fed. R. Civ. P. 60(b)(5) Motion for Relief from Judgment”

Third Circuit Panel Splits Three Ways on Whether and How FDCPA Plaintiff Had Article III Standing Based on Ambiguous Balance Statement

In Huber v. Simons Agency Inc., No. 22-2483 (3d Cir. Oct. 12, 2023), each judge on the panel arrived at a different outcome about whether a plaintiff under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692– 1692p, suffered an Article III injury because of receiving a debt-collection letter that arguably overstated theirContinue reading “Third Circuit Panel Splits Three Ways on Whether and How FDCPA Plaintiff Had Article III Standing Based on Ambiguous Balance Statement”

Split Ninth Circuit Panel Holds That Plaintiff Who Filed Original Securities Fraud Action Ceased to Be a Party When Court Appointed a Different Lead Plaintiff Under the PSLRA

In Habelt v. iRhythm Technologies, Inc., No. 22-15660 (9th Cir. Oct. 11, 2023), a 2-1 panel holds that the original putative lead plaintiff in a securities fraud case was no longer a “party” with standing to appeal when a different lead plaintiff was appointed by the district court under the Private Securities Litigation Reform ActContinue reading “Split Ninth Circuit Panel Holds That Plaintiff Who Filed Original Securities Fraud Action Ceased to Be a Party When Court Appointed a Different Lead Plaintiff Under the PSLRA”

Lack of Evidence About the Citizenship of a Limited Liability Company at the Time of the Filing of the Complaint Requires Remand, Holds Fifth Circuit

In SXSW, LLC v. Federal Insurance Co., No. 22-50933 (5th Cir. Oct. 5, 2023), the Fifth Circuit exercises its authority to remand an appeal to the district court to sort out factually whether there was diversity at the time the complaint was filed. Plaintiff “SXSW planned to hold its annual ‘South by Southwest’ festival inContinue reading “Lack of Evidence About the Citizenship of a Limited Liability Company at the Time of the Filing of the Complaint Requires Remand, Holds Fifth Circuit”