Monthly Archives: July 2024

Alleged Shoving Match Between Counsel at a Deposition Leads to Sanctions and an Appeal to the Seventh Circuit

In Vega v. Chicago Bd. of Ed., No. 23-1183 (7th Cir. July 29, 2024), the Seventh Circuit affirms in part and reverses in part sanctions awarded by the district court under 28 U.S.C. § 1927 and the court’s inherent authority after an acrimonious deposition that allegedly led to a physical confrontation. “On July 13, 2017,Continue reading “Alleged Shoving Match Between Counsel at a Deposition Leads to Sanctions and an Appeal to the Seventh Circuit”

Third Circuit Holds That Private Process Server Fees Are Not a Taxable Cost Under Section 1920(1), Adding to a Circuit Split

In Knowles v. Temple Univ., No. 22-2978 (7th Cir. July 26, 2024), the Third Circuit contributes to the circuit split about whether private process-server fees are taxable costs as  “[f]ees of the clerk and marshal” under 28 U.S.C. § 1920(1) and Fed. R. Civ. P. 54(d). The panel holds that they are not taxable, thusContinue reading “Third Circuit Holds That Private Process Server Fees Are Not a Taxable Cost Under Section 1920(1), Adding to a Circuit Split”

Fourth Circuit Holds That “General Merger Rule” of Newly Amended Fed. R. App. P. 3(c)(4) Means That Notice of Appeal of Summary Judgment Confers Appellate Jurisdiction Over an Interlocutory Order Denying Appointment of Counsel

In Jenkins v. Woodard, No. 22-6197 (4th Cir. July 22, 2024), the Fourth Circuit confronts an issue arising under 2021 amendment to Fed. R. App. P. 3: how to apply the new “general merger rule” to a federal notice of appeal that names just the summary judgment order. The amendment of Rule 3 was meantContinue reading “Fourth Circuit Holds That “General Merger Rule” of Newly Amended Fed. R. App. P. 3(c)(4) Means That Notice of Appeal of Summary Judgment Confers Appellate Jurisdiction Over an Interlocutory Order Denying Appointment of Counsel”

Divided Second Circuit Panel Invokes 1872 Supreme Court Decision to Toss a Default Judgment, Owing to Inconsistency in the Jury Verdict

In Henry v. Oluwole, No. 21-2468 (2d Cir. July 15, 2024), a 2-1 panel of the Second Circuit holds not only that the district court erred in refusing to reopen a default judgment before and after a jury trial, but that judgment had to be entered for the party in default due to a fatalContinue reading “Divided Second Circuit Panel Invokes 1872 Supreme Court Decision to Toss a Default Judgment, Owing to Inconsistency in the Jury Verdict”

Eleventh Circuit Judge, in Concurring Opinion, Challenges Expansion of Younger Abstention as Chilling First Amendment Rights

In a case involving Stacey Abrams’ New Georgia Project, the Eleventh Circuit holds in New Georgia Project, Inc., et al v. Attorney General, State of Georgia, No. 22-14302 (11th Cir. July 8, 2024), that federal litigation of a challenge to Georgia’s campaign laws must await the conclusion of a state administrative enforcement action against theContinue reading “Eleventh Circuit Judge, in Concurring Opinion, Challenges Expansion of Younger Abstention as Chilling First Amendment Rights”