Monthly Archives: September 2025

Joining Circuit Split, Ninth Circuit Holds That District Court May Not Establish Diversity of Citizenship by Judicial Notice

In Rosenwald v. Kimberly-Clark Corp., No. 24-299 (9th Cir. Sept. 24, 2025), the Ninth Circuit dismisses an appeal for lack of subject-matter jurisdiction, holding that the district court erred in taking judicial notice of the corporate defendant’s citizenship. It thus took the side of the Tenth Circuit, which holds that a court cannot judicially noticeContinue reading “Joining Circuit Split, Ninth Circuit Holds That District Court May Not Establish Diversity of Citizenship by Judicial Notice”

Third Circuit Holds That District Court Erred by Disregarding Unsworn Statement of Party for Fed. R. Civ. P. 56(e) Relief

In Lauria v. Lieb, No. 24-1461 (3d Cir. Sept. 12, 2025), the Third Circuit, while agreeing that a party’s unsworn statement should be disregarded on a Fed. R. Civ. P. 56(a) summary judgment motion, holds that the district court erred in disregarding it for purposes of weighing Fed. R. Civ. P. 56(e). Rule 56(c)(4) prescribesContinue reading “Third Circuit Holds That District Court Erred by Disregarding Unsworn Statement of Party for Fed. R. Civ. P. 56(e) Relief”

Eleventh Circuit Closes Off Resort to Fed. R. Civ. P. 41(a) to Dismiss Remaining Claims as an Expedient to Appeal Contested Claims Dismissed Under Fed. R. Civ. P. 54(b)

The Eleventh Circuit, in CMYK Enterprises, Inc. v. Advanced Print Technologies, LLC, No. 24-13766 (11th Cir. Sept. 12, 2025), rejects a common tactic used by parties to speed-up the appeal of a partial dispositive order, i.e., voluntarily dismissing the remaining claims under Fed. R. Civ. P. 41(a). The panel holds that, by its plain terms,Continue reading “Eleventh Circuit Closes Off Resort to Fed. R. Civ. P. 41(a) to Dismiss Remaining Claims as an Expedient to Appeal Contested Claims Dismissed Under Fed. R. Civ. P. 54(b)”

Fifth Circuit Holds That 28 U.S.C. § 1359 Precludes Appointment of a “Sham” Trustee to Create Diversity Jurisdiction

In Fugedi v. Initram, Inc., No. 24-40283 (5th Cir. Sept. 9, 2025), the Fifth Circuit affirms dismissal of a case for lack of diversity jurisdiction, holding that appointment of a supposedly diverse trustee was a sham in violation of 28 U.S.C. § 1359. Section 1359 provides that “A district court shall not have jurisdiction ofContinue reading “Fifth Circuit Holds That 28 U.S.C. § 1359 Precludes Appointment of a “Sham” Trustee to Create Diversity Jurisdiction”

Two Fifth Circuit Panelists Tweak Presiding Judge for Forcing Second-Chair Lawyer to Proceed with Oral Argument When the Lead Counsel Had a Medical Emergency

In an unsigned order, Doe v. HHS, No. 24-40778 (5th Cir. Sept. 8, 2025), two concurring panelists lambaste their presiding colleague for proceeding with oral argument when the lead counsel for plaintiff called in with a medical emergency two hours prior. The text of the order is brief: “The court heard oral argument in thisContinue reading “Two Fifth Circuit Panelists Tweak Presiding Judge for Forcing Second-Chair Lawyer to Proceed with Oral Argument When the Lead Counsel Had a Medical Emergency”