In Weatherford U.S., L.P. v. United States Department of Labor, No. 21-3017 (6th Cir. May 24, 2023), the Sixth Circuit holds that – following federal common law – a punitive damage award entered by an administrative law judge Surface Transportation Assistance Act does not survive the death of the claimant. “Daniel Ayres brought an administrativeContinue reading “Under Federal Common Law, Punitive Damage Award Under Surface Transportation Assistance Act Abates with the Death of the Claimant, Holds Sixth Circuit”
Author Archives: pwmollica1961
Seventh Circuit Merits Panel Overrules Motion Panel, Revoking Appointment of Appellate Counsel That Resulted in “Forbidden” Hybrid Representation
In United States v. Njos, No. 21-3412 (7th Cir. May 22, 2023), a Seventh Circuit holds – in the fullness of time – that the court’s motion panel should not have appointed counsel in behalf of a criminal defendant to pursue an argument that the defendant expressly waived, and therefore grants the defendant’s motion toContinue reading “Seventh Circuit Merits Panel Overrules Motion Panel, Revoking Appointment of Appellate Counsel That Resulted in “Forbidden” Hybrid Representation”
Fed. R. Civ. P. 41(a)(2) Cannot Be Used to Dismiss Individual Claims, Holds Eleventh Circuit
In Rosell v. VMSB, LLC, No. 22-11325 (11th Cir. May 12, 2023), The Eleventh Circuit “make[s] explicit what our precedent has implied for almost two decades: Federal Rule of Civil Procedure 41(a)(2) provides only for the dismissal of an entire action. Any attempt to use this rule to dismiss a single claim, or anything lessContinue reading “Fed. R. Civ. P. 41(a)(2) Cannot Be Used to Dismiss Individual Claims, Holds Eleventh Circuit”
Seventh Circuit Once Again Tangles with Whether a Chinese-Based Company Is a Corporation or a Limited Liability Company for Purposes of Alien-Citizen Diversity Jurisdiction
Previously, this blog reported on a complex 28 U.S.C. §1332(a)(2) issue of whether a Chinese enterprise was properly held to be a partnership, corporation, or foreign state for diversity purposes (see January 31, 2023 post) decided by the Seventh Circuit. This Seventh Circuit case, Sunny Handicraft (H.K.) Ltd. v. Envision This! LLC, No. 21-1579 (7thContinue reading “Seventh Circuit Once Again Tangles with Whether a Chinese-Based Company Is a Corporation or a Limited Liability Company for Purposes of Alien-Citizen Diversity Jurisdiction”
Fifth Circuit Panel Divides Over Issuance of a Foreign Anti-Suit Injunction in Jones Act Case, Noting the Circuit’s “Permissive” Approach Favoring Such Relief
In Ganpat v. Eastern Pacific Shipping PTE, No. 22-30168 (5th Cir. Apr. 28, 2023), the Fifth Circuit divides over whether the district court abused its discretion in issuing an anti-suit injunction to bar litigation of a sailor’s personal injury action in India. “Kholkar Vishveshwar Ganpat, a citizen of India, worked as a crew member onContinue reading “Fifth Circuit Panel Divides Over Issuance of a Foreign Anti-Suit Injunction in Jones Act Case, Noting the Circuit’s “Permissive” Approach Favoring Such Relief”
Sixth Circuit Rejects “Juridical Link” Doctrine to Extend Class Standing to Defendant Who Did Not Injure the Named Plaintiff, Splitting with Seventh Circuit
In Fox v. Saginaw Cnty., Mich., No. 11-1265 (6th Cir. Apr. 28, 2023), the Sixth Circuit holds that even in a putative Fed. R. Civ. P. 23 class action, a representative plaintiff only has standing to sue the entities that injured them. It rejects the “juridical link” doctrine adopted by the Seventh Circuit in PaytonContinue reading “Sixth Circuit Rejects “Juridical Link” Doctrine to Extend Class Standing to Defendant Who Did Not Injure the Named Plaintiff, Splitting with Seventh Circuit”
Second Circuit Agrees with Ninth Circuit That Court Can Bypass Article III Standing Issue to Address Issue Preclusion As Alternative Basis for Dismissing Case
In Phoenix Light SF Ltd. v. Bank of N.Y. Mellon, No. 22-239 (2d Cir. Apr. 26, 2023), the Second Circuit holds that it does not need to reach a complex Article III standing issue when the case could be decided on a straightforward issue of issue preclusion. “[W]e join the Ninth Circuit in concluding thatContinue reading “Second Circuit Agrees with Ninth Circuit That Court Can Bypass Article III Standing Issue to Address Issue Preclusion As Alternative Basis for Dismissing Case”
Eleventh Circuit Holds That Competitive Injury Must Be Proved, Not Presumed, to Establish Injury-In-Fact for Article III Standing at Summary Judgment Stage
In TocMail Inc. v. Microsoft Corp., No. 22-10223 (11th Cir. Apr. 25, 2023) (per curiam), the Eleventh Circuit dismisses an appeal by a cybersecurity company suing Microsoft for false advertising under the Lanham Act, holding that at the summary judgment stage it failed to establish any grounds for proving lost profits or any other cognizableContinue reading “Eleventh Circuit Holds That Competitive Injury Must Be Proved, Not Presumed, to Establish Injury-In-Fact for Article III Standing at Summary Judgment Stage”
Eleventh Circuit Holds That Non-Party Lacked Appellate Standing to Challenge Immunity Order Where He Did Not Participate in the Action Below
In Kimberly Regenesis, LLC v. Lee County, No 21-13880 (11th Cir. Apr. 10, 2023) (per curiam), the Eleventh Circuit dismisses the appeal of a county and a country commissioner of an order denying absolute quasi-judicial immunity from sitting for a deposition, holding that the commissioner forfeited the right to appeal by neither opposing the depositionContinue reading “Eleventh Circuit Holds That Non-Party Lacked Appellate Standing to Challenge Immunity Order Where He Did Not Participate in the Action Below”
Two Concurring Eleventh Circuit Judges Question the Wisdom of a Federal Court of Appeals Issuing “Alternative Holdings” to Support a Decision
In United States v. Files, No. 21-12859 (11th Cir. Mar. 24, 2023) — an appeal of denial of relief to a prisoner under the First Step Act, Pub. L. No. 115-391, § 404, 132 Stat. 5194, 5222 (2018) — two of the panelists append a short concurrence questioning the wisdom of court of appeals’ decisionsContinue reading “Two Concurring Eleventh Circuit Judges Question the Wisdom of a Federal Court of Appeals Issuing “Alternative Holdings” to Support a Decision”
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