Third Party Could Not Intervene in Settled Individual Civil Rights Case to Turn It into a Rule 23 Class Action, Seventh Circuit Holds

In Ali v. City of Chicago, No. 21-1536 (7th Cir. May 17, 2022), the Seventh Circuit holds that a district court did not abuse its discretion by refusing to grant Fed. R. Civ. P. 24 intervention into an existing but settled individual § 1983 claim with the intention of converting it into a Fed. R. Civ.Continue reading “Third Party Could Not Intervene in Settled Individual Civil Rights Case to Turn It into a Rule 23 Class Action, Seventh Circuit Holds”

Ninth Circuit Vacates Conviction Because District Court’s COVID-19 Precautions, Which Prevented Any Video Streaming, Deprived the Defendant of a Sixth Amendment Public Trial

In United States v. Allen, No. 21-10060 (9th Cir. May 16, 2022), the Ninth Circuit holds that a district court’s COVID-19 precautions that denied the public streamed hearings of a criminal defendant’s case violated his Sixth Amendment rights and required a new suppression hearing and trial. “At the height of the coronavirus pandemic in 2020,Continue reading “Ninth Circuit Vacates Conviction Because District Court’s COVID-19 Precautions, Which Prevented Any Video Streaming, Deprived the Defendant of a Sixth Amendment Public Trial”

Pro Hac Vice Admission Fees Are Not a Taxable Cost Under 28 U.S.C. § 1920, Holds Seventh Circuit

In Canter v.  AT&T Umbrella Benefit Plan, No. 21-1514 (7th Cir. May 11, 2022), the Seventh Circuit holds in an issue of first impression in the circuit that a prevailing defendant may not tax pro hac vice admission fees for out-of-state lawyers as a “cost” under Fed. R. Civ. P. 54(d) and 28 U.S.C. §Continue reading “Pro Hac Vice Admission Fees Are Not a Taxable Cost Under 28 U.S.C. § 1920, Holds Seventh Circuit”

Despite “Predicament” That Plaintiffs May Get No Appeal on the Merits, Eleventh Circuit Holds That There Is No Jurisdiction to Review a Partial Dismissal Where the Rest of the Claims Were Transferred to Another Circuit

In Jenkins v. Prime Ins. Co., No. 21-11104 (11th Cir. May 4, 2022), the Eleventh Circuit holds that where a district court dismisses part of case on the merits and transfers the rest out of circuit under 28 U.S.C. § 1404(a), the partial dismissal is not a final decision subject to appeal under 28 U.S.C.Continue reading “Despite “Predicament” That Plaintiffs May Get No Appeal on the Merits, Eleventh Circuit Holds That There Is No Jurisdiction to Review a Partial Dismissal Where the Rest of the Claims Were Transferred to Another Circuit”

Pending Fed. R. Civ. P. 68 Offer of Judgment Not Terminated by Intervening Grant of Summary Judgment, Holds Ninth Circuit

In Kubiak v. County of Ravalli, No. 21-35542 (9th Cir. May 3, 2022), the Ninth Circuit holds that a Fed. R. Civ. P. 68 offer of judgment remained open for fourteen days for the plaintiff to accept, even after the district court granted summary judgment (but did not enter final judgment) while the time wasContinue reading “Pending Fed. R. Civ. P. 68 Offer of Judgment Not Terminated by Intervening Grant of Summary Judgment, Holds Ninth Circuit”

District Court May Not Look Behind a State Court’s Application of Its Own Procedural Law on Motion to Remand Under 28 U.S.C. § 1446, Holds Fifth Circuit

In Turner v. GoAuto Insurance, No. 22-30103 (5th Cir. May 2, 2022), the Fifth Circuit holds that a district court properly remanded a class action to state court under 28 U.S.C. § 1446 when it accepted an amended complaint, filed two days before the removal petition, as the operative complaint that limited the class solelyContinue reading “District Court May Not Look Behind a State Court’s Application of Its Own Procedural Law on Motion to Remand Under 28 U.S.C. § 1446, Holds Fifth Circuit”

Mandamus Appropriate Remedy to Correct Violation of Fed. R. Crim. P. 11 and Rejection of Plea Agreement, Sixth Circuit Holds

In In re United States, No. 21-1318 (6th Cir. Apr. 26, 2022), the Sixth Circuit grants a writ of mandamus against a district court’s rejection of a plea bargain – and violation of Fed. R. Crim. P. 11 – based on the judge’s “longstanding practice” of rejecting plea agreements containing appeal waivers. During a pretrialContinue reading “Mandamus Appropriate Remedy to Correct Violation of Fed. R. Crim. P. 11 and Rejection of Plea Agreement, Sixth Circuit Holds”

Because Defendants Never Received Written Notice from Plaintiff That Disclosed Basis for Federal Jurisdiction, Third Circuit Holds That 30-Day Clock for Removal Never Triggered Under 28 U.S.C. § 1441

In McLaren v. The UPS Store Inc., No. 22-1379 (3d Cir. Apr. 25, 2022), the Third Circuit vacates an order remanding a case to state court on timing grounds, holding that the district court erred as a matter of law in finding that the 30-day clock for removal under 28 U.S.C. § 1446 started runningContinue reading “Because Defendants Never Received Written Notice from Plaintiff That Disclosed Basis for Federal Jurisdiction, Third Circuit Holds That 30-Day Clock for Removal Never Triggered Under 28 U.S.C. § 1441”

Interlocutory Appeal Under 28 U.S.C. § 1292(b) Should Not Be Granted Where It Will “Not Accelerate [the] End” of Litigation, Holds Sixth Circuit

In In re Nicholas Paul Somberg, No. 22-0101 (6th Cir. Apr. 21, 2022), the Sixth Circuit in a published but unsigned order denied a certified appeal of denial of summary judgment under 28 U.S.C. § 1292(b). Despite that the district court certified the appeal and defendant did not oppose it, the panel holds that theContinue reading “Interlocutory Appeal Under 28 U.S.C. § 1292(b) Should Not Be Granted Where It Will “Not Accelerate [the] End” of Litigation, Holds Sixth Circuit”

Fed. R. Civ. P. 27 Pre-Filing Deposition Is Not a Vehicle for Jurisdictional Discovery, Holds Seventh Circuit

In Qin v. Deslongchamps, No. 21-1873 (7th Cir. Apr. 14, 2022), the Seventh Circuit affirms the denial of a petition to take a Fed. R. Civ. P. 27 deposition of a member of a limited liability corporation (LLC) to ascertain their citizenship before filing a diversity suit in federal court. For federal diversity purposes, LLCsContinue reading “Fed. R. Civ. P. 27 Pre-Filing Deposition Is Not a Vehicle for Jurisdictional Discovery, Holds Seventh Circuit”