In Sullers v Int’l Union Elevator Constructors, Local #2, No. 24-1719 (7th Cir. June 27, 2025), a litigant in the Seventh Circuit barely avoids having their appeal dismissed on the grounds of inadequate briefing under Fed. R. Civ. P. 28. The case involved an allegation of breach of the duty of fair representation against theContinue reading “Seventh Circuit Contemplates How Little Is Too Little Briefing to Compel Dismissal Under Fed. R. App. P. 28”
Monthly Archives: June 2025
Tenth Circuit Holds That Federal Claim Preclusion Applies to Supplemental State-Law Claim Dismissed Without Prejudice in First Federal Action, If Plaintiff Could Have Originally Asserted Diversity Jurisdiction Over That Claim
In Markley v. U.S. Bank NA, No. 24-1163 (10th Cir. June 24, 2025), the Tenth Circuit opens up a potential trap for the unwary, holding that if “a party could have litigated a claim in a prior lawsuit by asserting diversity jurisdiction but fails to do so,” then that claim is precluded in a secondContinue reading “Tenth Circuit Holds That Federal Claim Preclusion Applies to Supplemental State-Law Claim Dismissed Without Prejudice in First Federal Action, If Plaintiff Could Have Originally Asserted Diversity Jurisdiction Over That Claim”
Sixth Circuit Holds That Placement of a Website Server in a State Does Not Automatically Expose Those Who Use It to Personal Jurisdiction There
In Carbone v. Kaal, No. 24-3795 (6th Cir. June 20, 2025), the Sixth Circuit affirms the dismissal of a tort action under Fed. R. Civ. P. 12(b)(2), holding that though the defendants allegedly transmitted defamatory statements through a server in Ohio, this fact alone did not support laying specific personal jurisdiction in that forum. “Robert Carbone,Continue reading “Sixth Circuit Holds That Placement of a Website Server in a State Does Not Automatically Expose Those Who Use It to Personal Jurisdiction There”
Fifth Circuit Holds That The District Court Must Assure That the Class Recieves Notice of Attorney Fees Under Fed. R. Civ. P. 23(h), Even If No Party Objects to Its Omission
In Morrow v. Jones, No. 23-40546 (5th Cir. June 10, 2025), the Fifth Circuit holds that it is reversible error for the district court to not issue notice of a motion for attorney fees as required by Federal Rule of Civil Procedure 23(h), even if nobody objects to the omission. In a Fourth Amendment caseContinue reading “Fifth Circuit Holds That The District Court Must Assure That the Class Recieves Notice of Attorney Fees Under Fed. R. Civ. P. 23(h), Even If No Party Objects to Its Omission”
Sixth Circuit Charts Its Own Course on Abstention from Declaratory Actions That Are Part of a “Mixed Action” Seeking Injunctive or Legal Relief
In Fire-Dex, LLC v. Admiral Ins. Co., No. 24-3781 (6th Cir. June 2, 2025), the Sixth Circuit rejects the holdings of seven other circuits and holds that when a demand for relief under the Declaratory Judgment Act, 28 U.S.C. § 2201(a), is combined with a claim for injunctive relief or damages (“coercive relief”), it isContinue reading “Sixth Circuit Charts Its Own Course on Abstention from Declaratory Actions That Are Part of a “Mixed Action” Seeking Injunctive or Legal Relief”
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