In Moyer v. GEICO, No. 23-4015 (6th Cir. Aug. 26, 2024), the Sixth Circuit reverses dismissal of an ERISA case when the plaintiff raised “legitimate questions” about the completeness of the plan documents attached to defendant’s Fed. R. Civ. P. 12(b)(6) motion to dismiss. “Cases often depend on the contents of legal instruments, such asContinue reading “Sixth Circuit Holds That “Legitimate Questions” About Content of Legal Instruments Attached to Defendant’s Motion Precludes Dismissal Under Fed. R. Civ. P. 12(b)(6)”
Monthly Archives: August 2024
Ninth Circuit Resolves Intracircuit Conflict on Law-of-the-Case, Tightening Standard for Successor Judge Reconsideration of Prior Decisions
In Zeyen v. Bonneville Joint Dist., No. 23-35438 (9th Cir. Aug. 23, 2024), the Ninth Circuit holds that when an open case is reassigned to a new district court judge, the successor may only reverse a predecessor’s decision when it is both “clearly erroneous and . . . its enforcement would work a manifest injustice.”Continue reading “Ninth Circuit Resolves Intracircuit Conflict on Law-of-the-Case, Tightening Standard for Successor Judge Reconsideration of Prior Decisions”
Eleventh Circuit Affirms Judgment as a Matter of Law Tossing a $300 Million Verdict, Owing to Admission of Hearsay Valuation Evidence, Yet Remands for a New Trial on Damages
In Taxinet Corp. v. Leon, No. 22-12335 (11th Cir. Aug. 19, 2024), the Eleventh Circuit affirms judgment as a matter of law that wiped out a $300 million jury verdict on a state law unjust-enrichment claim, after the district court held that it erred in admitting hearsay valuation evidence. Yet the panel exercises discretion toContinue reading “Eleventh Circuit Affirms Judgment as a Matter of Law Tossing a $300 Million Verdict, Owing to Admission of Hearsay Valuation Evidence, Yet Remands for a New Trial on Damages”
Second Circuit Reverses District Court’s Post-Trial Tripling of Jury Award of Damages, Finding No Fundamental Error in Jury Verdict
In Salamone v. Douglas Marine Corp., No. 21-1331 (2d Cir. Aug. 8, 2024), the Second Circuit affirms a jury verdict in a state-law contract case, but reverses the district court’s post-verdict tripling of the damages, holding that the plaintiff forfeited a challenge to the jury’s calculation and there was no fundamental error warranting judicial interventionContinue reading “Second Circuit Reverses District Court’s Post-Trial Tripling of Jury Award of Damages, Finding No Fundamental Error in Jury Verdict”
Paul Mollica's Federal Courts Blog 