Monthly Archives: January 2024

Tenth Circuit Grants Sua Sponte, Initial En Banc Hearing in Direct Federal Criminal Appeal, Prompting A “Dissental” by Two Judges

In an order published today, United States v. Hohn, No. 22-3009 (10th Cir. Jan. 31, 2024), a majority of the active judges of the Tenth Circuit order an en banc initial hearing in a direct federal criminal appeal, raising the prospect of overruling a 1995 panel decision. Two judges, in a separate opinion, express concernContinue reading “Tenth Circuit Grants Sua Sponte, Initial En Banc Hearing in Direct Federal Criminal Appeal, Prompting A “Dissental” by Two Judges”

Second Circuit Sanctions Attorney Under Rule 11 for Misuse of ChatGPT in Authoring a Reply Brief

In what I believe is a first in a reported federal court of appeals decision, the Second Circuit in Park v. Kim, No. 22-2057 (2d Cir. Jan. 30, 2024) (per curiam) issues sanctions against an appellate lawyer who used ChatGPT to write a reply brief and thereby cited nonexistent case law. The underlying appeal concernedContinue reading “Second Circuit Sanctions Attorney Under Rule 11 for Misuse of ChatGPT in Authoring a Reply Brief”

Dismissal of Party for Improper Joinder Under Fed. R. Civ. P. 21 Does Not Toll Limitations for Federal Claims, Holds Ninth Circuit

In Holt v. Cnty. of Orange, No. 22-55806 (9th Cir. Jan 26, 2024), the Ninth Circuit joins other circuits in holding that, notwithstanding 28 U.S.C. § 1367(d), dismissal of a party for improper joinder does not toll statute of limitations for the period that the party’s federal-law claims were pending before dismissal. Plaintiff “Holt andContinue reading “Dismissal of Party for Improper Joinder Under Fed. R. Civ. P. 21 Does Not Toll Limitations for Federal Claims, Holds Ninth Circuit”

Seventh Circuit Holds That Lawyer Has No Article III Standing to Appeal Court Order Revoking His Pro Hac Vice Admission Where Case Below Is Settled and Dismissed with Prejudice

In Bailey v. Worthington Cylinder Corp., No. 22-2111 (7th Cir. Jan. 22, 2024), the Seventh Circuit dismisses an out-of-state lawyer’s appeal of a lower order revoking his pro hac vice admission, holding that his reputational interest alone does not present a redressable interest to support Article III standing. Appellant counsel “is an attorney licensed toContinue reading “Seventh Circuit Holds That Lawyer Has No Article III Standing to Appeal Court Order Revoking His Pro Hac Vice Admission Where Case Below Is Settled and Dismissed with Prejudice”

Seventh Circuit Holds That It Is Not Always Appropriate, in Making an Erie Prediction of a State’s Highest Court, for a Federal Court to Avoid Expansion of State Law

In Green Plains Trade Group, LLC v. Archer Daniels Midland Co., No. 23-1185 (7th Cir. Jan. 12, 2024), the Seventh Circuit vacates and remands a judgment dismissing a complaint in a diversity tortious-interference case, holding that the district court was possibly too cautious in its prediction of Nebraska law. Plaintiff “Green Plains based its claimContinue reading “Seventh Circuit Holds That It Is Not Always Appropriate, in Making an Erie Prediction of a State’s Highest Court, for a Federal Court to Avoid Expansion of State Law”

D.C. Circuit Holds That Party May Appeal Denial of Motion to Seal Exhibits with “Private Medical Treatments and Diagnoses” Under Collateral Order Doctrine

In Abdelhady v. George Washington Univ., No. 22-7148 (D.C. Cir. Jan. 9, 2024), the D.C. Circuit holds that a party may immediately appeal the denial of a motion to seal summary judgment exhibits containing “private medical treatments and diagnoses” under the collateral order doctrine. Plaintiff brought a personal injury case against the university. “In theContinue reading “D.C. Circuit Holds That Party May Appeal Denial of Motion to Seal Exhibits with “Private Medical Treatments and Diagnoses” Under Collateral Order Doctrine”

Potential Jurors Who Were Not Vaccinated for COVID-19 Do Not Constitute A “Distinctive Group” for Sixth Amendment Purposes, Holds Sixth Circuit

In United States v. O’Lear, No. 22-3835 (6th Cir. Jan. 8, 2024), the Sixth Circuit holds that a criminal defendant was not deprived of a representative jury under the Sixth Amendment when the district court excluded panel members who had not been vaccinated against COVID-19, though that panel adds an important qualifier. Defendant O’Lear, whoContinue reading “Potential Jurors Who Were Not Vaccinated for COVID-19 Do Not Constitute A “Distinctive Group” for Sixth Amendment Purposes, Holds Sixth Circuit”