Monthly Archives: November 2023

Tenth Circuit Holds That District Court Did Not Err in Treating Summary Judgment Facts as Admitted During Trial Under Fed. R. Civ. P. 56(g), But Cautions Against Overuse of This Approach

In Watchous Enterprises v. Mournes, No. 22-3071 (10th Cir. Nov. 30, 2023), the Tenth Circuit holds that the district court did not abuse its discretion by using Fed. R. Civ. P. 56(g) to deem facts submitted on summary judgment as established for purposes of trial, although the panel suggests that it might have ruled otherwiseContinue reading “Tenth Circuit Holds That District Court Did Not Err in Treating Summary Judgment Facts as Admitted During Trial Under Fed. R. Civ. P. 56(g), But Cautions Against Overuse of This Approach”

Second Circuit Holds That Time for Service of Process for a False Claims Act Case Under Fed. R. Civ. P. 4(m) Is Triggered Exclusively by Court Order, Not by the Unsealing of the Complaint

In United States ex rel. Weiner v. Siemens AG, No. 22-2656_(2d Cir. Nov. 28, 2023), the panel vacates dismissal of a False Claims Act (FCA) for failure of service of process, holding that the time for service under Fed. R. Civ. P. 4(m) never triggered because the court never ordered service under 31 U.S.C. §Continue reading “Second Circuit Holds That Time for Service of Process for a False Claims Act Case Under Fed. R. Civ. P. 4(m) Is Triggered Exclusively by Court Order, Not by the Unsealing of the Complaint”

Fourth Circuit Holds That It Lacks Appellate Jurisdiction Under Perlman Doctrine to Review Criminal Defendant’s Interlocutory Appeal Concerning a Grand Jury Subpoena

In In re Grand Jury 2021 Subpoenas, No. 22-1654 (4th Cir. Nov. 22, 2023), the Fourth Circuit holds that because of Mohawk Industries, Inc. v. Carpenter, 558 U.S. 100 (2009) – which scaled back the collateral-order doctrine as applied to attorney-client privilege – it must reassess the continued viability of the Perlman doctrine (Perlman v.Continue reading “Fourth Circuit Holds That It Lacks Appellate Jurisdiction Under Perlman Doctrine to Review Criminal Defendant’s Interlocutory Appeal Concerning a Grand Jury Subpoena”

District Court Erred in Denying Prisoner Leave to Proceed In Forma Pauperis Under 28 U.S.C. § 1915 on Ground That Prison Provided Him “Necessities of Life,” Second Circuit Holds

In Rosa v. Doe, No. 21-2628 (2d Cir. Nov. 20. 2023), the Second Circuit holds that the district court abused its discretion in denying a prisoner in forma pauperis status under 28 U.S.C. § 1915 on the ground that his “necessities of life” were furnished by the prison. “On April 5, 2021, Rosa filed aContinue reading “District Court Erred in Denying Prisoner Leave to Proceed In Forma Pauperis Under 28 U.S.C. § 1915 on Ground That Prison Provided Him “Necessities of Life,” Second Circuit Holds”

Order Denying of Preliminary Injunction “For The Reasons Stated on the Record During the . . . Telephone Conference” Insufficient Under Fed. R. Civ. P. 52(a)(2), Holds Fourth Circuit

In Frazier v. Prince George’s Cnty., Md., No. 23-6359 (4th Cir. Nov. 15, 2023), the Fourth Circuit holds that a judge’s denial of a preliminary injunction that merely cites the “reasons stated” during a telephonic hearing does not meet the standard of Fed. R. Civ. P. 52(a)(2), which requires a statement “of the findings andContinue reading “Order Denying of Preliminary Injunction “For The Reasons Stated on the Record During the . . . Telephone Conference” Insufficient Under Fed. R. Civ. P. 52(a)(2), Holds Fourth Circuit”

Third Circuit Sorts Out Difference Between Amended and Supplemental Complaints for Evaluating Article III Standing in Union Fee Dispute

In Lutter v. Jneso, No. 21-2205 (3d Cir. Nov. 6, 2023), the Third Circuit holds that by filing a supplemental complaint under Fed. R. Civ. P. 15(d), the plaintiff in this case reset the timeframe for evaluating standing – usually measured from the date of the original complaint – and thereby plead herself out ofContinue reading “Third Circuit Sorts Out Difference Between Amended and Supplemental Complaints for Evaluating Article III Standing in Union Fee Dispute”

Self-Proclaimed “D-List” Comedian Subjects Self to Personal Jurisdiction by Tagging a Tennessee-Based Company in a Tweet, Holds Sixth Circuit 

In Johnson v. Griffin, No. 23-5257 (6th Cir. Oct. 31, 2023), the Sixth Circuit holds that by targeting an individual living in Tennessee in a Twitter campaign to get them fired from their job, and specifically tagging the Tennessee-based employer, the defendant subjected herself to personal jurisdiction in that state. “Kathy Griffin, a California-based celebrityContinue reading “Self-Proclaimed “D-List” Comedian Subjects Self to Personal Jurisdiction by Tagging a Tennessee-Based Company in a Tweet, Holds Sixth Circuit “