Plaintiff Gets Her Own Lawsuit Dismissed on Spokeo Grounds in Seventh Circuit

In Thornley v. Clearview AI, Inc., No. 20-3249 (7th Cir. Jan. 14, 2021), a plaintiff fighting removal of her Illinois class action from state court persuades the Seventh Circuit that the federal courts lacked subject-matter jurisdiction over her claim. “Illinois’s Biometric Information Privacy Act, familiarly known as BIPA, provides robust protections for the biometric informationContinue reading “Plaintiff Gets Her Own Lawsuit Dismissed on Spokeo Grounds in Seventh Circuit”

Certificate of Insurance and Better Business Bureau “F” Rating Admissible to Prove Negligence in Casino Accident, Holds Fifth Circuit

In Echeverry v. Jazz Casino Co., LLC, No. 20-30038 (5th Cir. Jan. 12, 2021), the Fifth Circuit affirms liability – but vacates damages – in a negligence case involving a casino and one of its contractors, holding “that none of the objected-to evidence was erroneously admitted at trial.” “Jazz Casino Company … hired Alabama WildlifeContinue reading “Certificate of Insurance and Better Business Bureau “F” Rating Admissible to Prove Negligence in Casino Accident, Holds Fifth Circuit”

Eighth Circuit Affirms Assault Conviction Over a Host of Hearsay Objections

In United States v. Earth, No. 19-1555 (8th Cir. Jan. 11, 2021), the Eighth Circuit upholds a conviction for assault on the Rosebud Indian Reservation, overruling several hearsay objections including comments made for medical treatment and “excited utterances.” Defendant Earth was charged with stabbing a cousin during a domestic dispute. “At trial, the defense concededContinue reading “Eighth Circuit Affirms Assault Conviction Over a Host of Hearsay Objections”

Court’s “Anti-Deadlock Instructions Likely Coerced a Unanimous Verdict” Requiring Retrial, Holds D.C. Circuit

In United States v. Driscoll, No. 19-3074 (D.C. Cir. Jan. 5, 2021), the panel holds that the district court’s repeated efforts to force a verdict denied the defendant a fair trial and required that the conviction be vacated. “Jury deliberations in Driscoll’s trial began on Tuesday, November 20. The jury deliberated for approximately 45 minutesContinue reading “Court’s “Anti-Deadlock Instructions Likely Coerced a Unanimous Verdict” Requiring Retrial, Holds D.C. Circuit”

District Court Abused Discretion by Expanding Remedies on Rule 59(e) Post-Judgment Motion to Reconsider, Holds Fourth Circuit

In JTH Tax, Inc. v. Aime, No. 19-1746 (4th Cir. Jan. 4, 2021), the Fourth Circuit holds that the district court erred – on remand from an earlier appeal – in granting the winning plaintiff (1) additional compensatory damages on the grounds of newly discovered evidence, and (2) nominal damages. Aime operated nine tax franchisesContinue reading “District Court Abused Discretion by Expanding Remedies on Rule 59(e) Post-Judgment Motion to Reconsider, Holds Fourth Circuit”

Three-Judge Panel Can Overrule Circuit Precedent If Its Reasoning Is “Irreconcilable” With Intervening Supreme Court Authority, Holds Ninth Circuit

In Langere v. Verizon Wireless Servs., No. 19-55747 (9th Cir. Dec. 29, 2020), the Ninth Circuit clarifies the standard for when a three-judge panel may overrule circuit precedent in the face of “irreconcilable” Supreme Court authority. It holds that it is not necessary for the prior circuit caselaw to be on all fours with theContinue reading “Three-Judge Panel Can Overrule Circuit Precedent If Its Reasoning Is “Irreconcilable” With Intervening Supreme Court Authority, Holds Ninth Circuit”

First Circuit Refuses Appellate Jurisdiction Over Denial of TRO in a COVID-19 Closure Case

In Calvary Chapel of Bangor v. Mills, No. 20-1507 (1st Cir. Dec. 22, 2020), the panel denies appellate jurisdiction over the district court’s denial of a temporary restraining order (TRO), sought by a religious organization challenging the state’s emergency measures in response to the coronavirus pandemic. On April 29, 2020, after implementing a statewide shutdownContinue reading “First Circuit Refuses Appellate Jurisdiction Over Denial of TRO in a COVID-19 Closure Case”

Judge Who Returned Jury to Deliberate Over Holdout Juror’s Dissent Committed Plain Error Under Fed. R. Crim. P. 31, Holds Seventh Circuit

In United States v. Banks, No. 19-3245 (7th Cir. Dec. 18, 2020), the Seventh Circuit vacates a conviction that the panel holds was “unacceptably coercive,” when the trial judge exposed a dissenting juror during a poll, then sent the jury back to deliberate at 9pm. The United States prosecuted a federal employee who was chargedContinue reading “Judge Who Returned Jury to Deliberate Over Holdout Juror’s Dissent Committed Plain Error Under Fed. R. Crim. P. 31, Holds Seventh Circuit”

Seventh Circuit Finds No Standing in Four FDCPA Appeals, Remands Fifth for Further Findings

On December 14 and 15, 2020, four different panels of the Seventh Circuit issued five published opinions, holding on various grounds that the Fair Debt Collection Practices Act (FDCPA) plaintiffs failed to plausibly allege an injury under Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) … but holding in one case that there mightContinue reading “Seventh Circuit Finds No Standing in Four FDCPA Appeals, Remands Fifth for Further Findings”

Memes Admissible as Intrinsic Evidence of Prostitution Charge Under Fed. R. Evid. 404(b)(2), Holds Tenth Circuit

In United States v. Alfred, No. 19-1243 (10th Cir. Dec. 14, 2020), the Tenth Circuit finds no error in admission of memes from the defendant’s social media page as “intrinsic evidence” of his facilitation and solicitation of prostitution under Fed. R. Evid. 404(b)(2) and 403. The defendant allegedly used the social-media site Tagged to operateContinue reading “Memes Admissible as Intrinsic Evidence of Prostitution Charge Under Fed. R. Evid. 404(b)(2), Holds Tenth Circuit”