Monthly Archives: May 2024

Sixth Circuit Finds Fed. R. Civ. P. 54(b) Certification Improper Where Wrongful Death Claim on Appeal Arose from Same Facts as Negligence and Other Causes of Action

In Sherrod v. Wal-Mart Stores, Inc., No. 21-3428 (6th Cir. May 29, 2024), the Sixth Circuit dismisses an appeal of a wrongful death claim against Wal-Mart—presenting truly bizarre facts—where the panel finds that it should not have been certified for appeal under Rule 54(b) because it was too interrelated with unadjudicated causes of action forContinue reading “Sixth Circuit Finds Fed. R. Civ. P. 54(b) Certification Improper Where Wrongful Death Claim on Appeal Arose from Same Facts as Negligence and Other Causes of Action”

Ninth Circuit Holds That It Had Jurisdiction Under Collateral-Order Doctrine to Review Sanction Against U.S. Attorney

In United States v. Cloud, No. 22-30044 (9th Cir. May 21, 2024), the Ninth Circuit holds that even before entry of a conviction against the criminal defendant, the United States could appeal a district court order, under the collateral-order, directing the Government to pay monetary sanctions for an alleged Brady violation. Mid-trial during a homicideContinue reading “Ninth Circuit Holds That It Had Jurisdiction Under Collateral-Order Doctrine to Review Sanction Against U.S. Attorney”

Party Waived Argument By Not Citing the Correct Circuit Authority in the District Court, Holds Split Eighth Circuit Panel

In Meinen v. Bi-State Development Agency, No. 231242 (8th Cir. May 16, 2024), a 2-1 Eighth Circuit panel held that the party’s failure to cite a favorable Eighth Circuit case in the district court thereby forfeited an legal argument based on that case. The dissent notes that this holding creates a split in the circuits.Continue reading “Party Waived Argument By Not Citing the Correct Circuit Authority in the District Court, Holds Split Eighth Circuit Panel”

Session Replay Code Embedded in Retail Website Did Not Constitute “Purposeful Availment” of State Where Customer Was Located, Holds First Circuit

In Rosenthal v. Bloomingdales.com, LLC, No. 23-1683 (1st Cir. May 9, 2024), a First Circuit panel holds that the inclusion of a session replay provider (SRP) on a commercial website hosted out of state, which allegedly permitted surveillance of customers, did not create grounds for specific personal jurisdiction against the store in the state whereContinue reading “Session Replay Code Embedded in Retail Website Did Not Constitute “Purposeful Availment” of State Where Customer Was Located, Holds First Circuit”

County Cop’s Hot Pursuit of Suspect Across State Line Was “Purposeful Availment” for Personal Jurisdiction Purposes, Holds Eighth Circuit

In a terse five-page opinion, an Eighth Circuit panel in Wade v. Pottawattamie Cnty. No. 23-1059 (8th Cir. May 7, 2024), reverses a decision that dismissed, on personal jurisdiction grounds, a lawsuit against an Iowa county in a personal injury case involving a deputy crossing state lines. “The unfortunate chain of events began when aContinue reading “County Cop’s Hot Pursuit of Suspect Across State Line Was “Purposeful Availment” for Personal Jurisdiction Purposes, Holds Eighth Circuit”

Defendant’s “Strategic Decision” to Withhold Challenge to Diversity Jurisdiction for Fifteen Months Warrants $62,556 Attorney’s Fee Sanction Under Court’s Inherent Powers

In J.C. Penney Corporation, Inc. v. Oxford Mall, LLC, No. 22-12461 (11th Cir. May 1, 2024), the Eleventh Circuit affirms in full an attorney’s fee sanction, awarded against a defendant that was found to have withheld information for fifteen months that the parties were not diverse for purposes of 28 U.S.C. § 1332 subject-matter jurisdiction.Continue reading “Defendant’s “Strategic Decision” to Withhold Challenge to Diversity Jurisdiction for Fifteen Months Warrants $62,556 Attorney’s Fee Sanction Under Court’s Inherent Powers”