Another case involving one of my favorite federal common law rules: in United States v. Terabelian, No. 21-50291 (9th Cir. June 27, 2024), the Ninth Circuit dismisses the direct appeal of a criminal conviction on the ground that the defendant removed her location-monitoring device and fled to country to Montenegro before sentencing, citing the fugitive-disentitlementContinue reading “Fugitive-Disentitlement Doctrine Dooms Criminal Appeal of Defendant Who Fled the Country, Holds Ninth Circuit”
Monthly Archives: June 2024
Never Say Die: D.C. Circuit Holds That Plaintiff Preserved Standing Argument by Raising It for the First Time in a Fed. R. Civ. P. 59(e) Motion After District Court’s Dismissal
In Tanner-Brown v. Haaland, No. 22-5302 (D.C. Cir. June 25, 2024), the D.C. Circuit reverses dismissal on Article III standing grounds of an action against the U.S. Department of Interior for an accounting, based on an argument only first raised by plaintiff after dismissal in a Fed. R. Civ. P. 59(e) motion to reconsider. “AppellantContinue reading “Never Say Die: D.C. Circuit Holds That Plaintiff Preserved Standing Argument by Raising It for the First Time in a Fed. R. Civ. P. 59(e) Motion After District Court’s Dismissal”
District Court Judge Who Turned Jury Trial Over to a Magistrate to Catch His Flight Voided the Verdict, Holds Eleventh Circuit
In TB Foods USA, LLC v. American Mariculture, Inc., No. 22-12936 (11th Cir. June 18, 2024), the Eleventh Circuit holds that even when the parties agree to a substitution of a magistrate judge to receive the verdict at the end of a jury trial, they do not necessarily consent to the magistrate performing Article IIIContinue reading “District Court Judge Who Turned Jury Trial Over to a Magistrate to Catch His Flight Voided the Verdict, Holds Eleventh Circuit”
Seventh Circuit Questions Standard of Review for Orders Declining to Exercise Ancillary Enforcement Jurisdiction
In Continental Indem. Co. v. BII, Inc., N. 23-1648 (7th Cir. June 12, 2024), the Seventh Circuit affirms dismissal of an action filed under Fed. R. Civ. P. 69 by an insurer against an alleged garnishee, holding that it fell outside the court’s ancillary enforcement jurisdiction. The panel, though, reserves for future consideration whether theContinue reading “Seventh Circuit Questions Standard of Review for Orders Declining to Exercise Ancillary Enforcement Jurisdiction”
D.C. Circuit Vacates “Sledgehammer” Pre-Filing Injunction Against Frequent Filer That Applied to Every Court in the Nation
In Klayman v. Porter, No. 22-7123 (D.C. Cir. June 11, 2024), the D.C. Circuit strikes down the sanction of “restricting [plaintiff]’s ability to file any related actions or claims for relief in any forum, state or federal,” citing prudential and constitutional limits to federal equitable power. “In recent years, the District of Columbia Bar’s OfficeContinue reading “D.C. Circuit Vacates “Sledgehammer” Pre-Filing Injunction Against Frequent Filer That Applied to Every Court in the Nation”
Seventh Circuit Takes Time Out to Berate Bernhard Modern Font
In Asimah v. CBL & Assoc. Mgt, Inc., No. 23-2495 (7th Cir. June 3, 2024), a decision otherwise dismissing a case based on a defect in the notice of appeal, the Seventh Circuit devotes a couple of pages to typography. “We are publishing this opinion . . . to urge all lawyers to read andContinue reading “Seventh Circuit Takes Time Out to Berate Bernhard Modern Font”
Paul Mollica's Federal Courts Blog 