Monthly Archives: December 2025

En Banc Eighth Circuit Holds 6-5 That Being Exposed to a Single DEI Slide “Chilled” Their First Amendment Rights and Thus Conferred Standing to Sue

In Henderson v. Springfield R-12 Sch. Dist., No. 23-1374 (8th Cir. Dec. 30, 2025) (en banc), the Eighth Circuit holds that it was enough for a public employee to establish standing in a First Amendment challenge to a Diversity, Equity, and Inclusion (DEI) program to have been shown a slide during a workplace presentation thatContinue reading “En Banc Eighth Circuit Holds 6-5 That Being Exposed to a Single DEI Slide “Chilled” Their First Amendment Rights and Thus Conferred Standing to Sue”

Neither Fed. R. Civ. P. 4(f) Nor Hague Service Convention Authorize International Service of Process by E-Mail, Holds Second Circuit

In Smart Study Co., LTD v. Shenzhenshixindajixieyouxiangongsi, No. 24-313 (2d Cir. Dec. 18, 2025), the Second Circuit holds in a matter of first impression that e-mail service on a foreign defendant violates the Hague Service Convention and cannot be supported by Fed. R. Civ. P. 4(f). The Convention on Service Abroad of Judicial and ExtrajudicialContinue reading “Neither Fed. R. Civ. P. 4(f) Nor Hague Service Convention Authorize International Service of Process by E-Mail, Holds Second Circuit”

Concurring Seventh Circuit Judge Urges Reconsideration of Plain-Error Review Under Fed. R. Crim. P. 29

In United States v. Robinson, No. 24-2310 (7th Cir. Dec. 15, 2025), the Seventh Circuit reverses in part a conviction for bank fraud on sufficiency-of-the-evidence grounds, while a concurring judge argues that a change in Fed. R. Crim. P. 29 warrants reconsideration of the plain-error standard to challenges raised for the first time on appeal.Continue reading “Concurring Seventh Circuit Judge Urges Reconsideration of Plain-Error Review Under Fed. R. Crim. P. 29”

“Consensual Relationship Exception” Did Not Extend Jurisdiction of Tribal Court Over Nonmember Spouse in Divorce Case, Holds Eighth Circuit

In a case of first impression, the Eighth Circuit in Tix v. Tix, No. 24-3487 (8th Cir. Dec. 12, 2025) rejects Tribal Court jurisdiction over a nonmember spouse in a divorce case. “In September 2008, Robert William Tix, a member of the Prairie Island Mdewakanton Dakota Indian Community (the ‘Community’), married Kristin Ann McGowan [‘McGowen’],Continue reading ““Consensual Relationship Exception” Did Not Extend Jurisdiction of Tribal Court Over Nonmember Spouse in Divorce Case, Holds Eighth Circuit”

Co-Guarantors to Contracts May Not Be Indispensable Parties Under Fed. R. Civ. P. 19(b), Holds Seventh Circuit

In CCP Golden/7470 LLC v. Breslin, No. 24-2731 (7th Cir. Dec. 3, 2025), the Seventh Circuit rejects an effort to defeat diversity jurisdiction, holding (contrary to prior dicta on the subject) that co-parties to a contract who are jointly and severally liable need not always be deemed indispensable parties for purposes of Fed. R. Civ.Continue reading “Co-Guarantors to Contracts May Not Be Indispensable Parties Under Fed. R. Civ. P. 19(b), Holds Seventh Circuit”