Sixth Circuit Grants Initial Hearing En Banc in Review of Tennessee Abortion Law, Over Dissent of Six Judges

In Bristol Regional Women’s Center, PC v. Slatery, No. 20-6267 (6th Cir. Apr. 9, 2021), the Sixth Circuit took the unusual step under Fed. R. App. P. 35(a) of granting initial hearing en banc of a challenge to Tennessee’s abortion waiting period law. A prior three-judge panel had denied the state’s motion for a stayContinue reading “Sixth Circuit Grants Initial Hearing En Banc in Review of Tennessee Abortion Law, Over Dissent of Six Judges”

Counting Rule for Court Closure Under Fed. R. Civ. P. 6(a)(3) Applies Even Though Appellant Could Have Filed Notice of Appeal Electronically

In Circuitronix, LLC v. Kinwong Electronic (Hong Kong) Co., Ltd., No. 19-12547 (11th Cir. Apr. 8, 2021) – an appeal from the trial of a breach of contract claim – the Eleventh Circuit holds that a motion for judgment as a matter of law was timely under Fed. R. Civ. P. 6(a), because the courthouseContinue reading “Counting Rule for Court Closure Under Fed. R. Civ. P. 6(a)(3) Applies Even Though Appellant Could Have Filed Notice of Appeal Electronically”

Split Sixth Circuit Panel Holds That A Federal Civil Litigant Has An Equal Protection Right to a Jury Deliberation Free of Racial Bias

In Harden v. Hillman, No. 20-5056 (6th Cir. Apr. 6, 2021), a split panel vacates and remands a defense verdict in a § 1983 case, where a juror testified post-trial that other jurors engaged in racial stereotyping during deliberations. The plaintiff, who is Black, claimed excessive force against Officer Hillman, who allegedly roughed him upContinue reading “Split Sixth Circuit Panel Holds That A Federal Civil Litigant Has An Equal Protection Right to a Jury Deliberation Free of Racial Bias”

Second Circuit Holds That Federal Common Law Defeats State-Law Tort Suit For Production and Sale of Fossil Fuels

In City of New York v. Chevron Corp., No. 18-2188 (2d Cir. Apr. 1, 2021), the Second Circuit affirms a decision dismissing, on federal common law grounds, a tort action brought by New York City against five major international oil companies (Chevron, ConocoPhillips, ExxonMobil, Royal Dutch Shell, and BP, collectively “Producers”) for the harms causedContinue reading “Second Circuit Holds That Federal Common Law Defeats State-Law Tort Suit For Production and Sale of Fossil Fuels”

Ninth Circuit Splits Over How to Analyze Jurisdictional Amount for Section 7 Action to Enforce Subpoena Under Federal Arbitration Act

In Maine Community Health Options v. Albertsons Cos., Inc., No. 20-35931 (9th Cir. Mar. 31, 2021), deciding an issue of first impression for the circuit, the judges – following different routes – holds that there is diversity jurisdiction over an action under Section 7 of the Federal Arbitration Act (FAA), 9 U.S.C. § 7, seeking enforcementContinue reading “Ninth Circuit Splits Over How to Analyze Jurisdictional Amount for Section 7 Action to Enforce Subpoena Under Federal Arbitration Act”

Class Action Lawyer Persuades Tenth Circuit to Vacate Conditions on Rule 41(a)(2) Dismissal That Limited Him from Refiling Action

In Frank v. Crawley Petroleum Corp., No. 20-6018 (10th Cir. Mar. 29, 2021), the Tenth Circuit holds that a plaintiff’s class-action lawyer has standing to challenge restrictions on his practice that a district court imposed in a Rule 41(a)(2) voluntary dismissal. The class action, removed to federal court under the Class Action Fairness Act, concernedContinue reading “Class Action Lawyer Persuades Tenth Circuit to Vacate Conditions on Rule 41(a)(2) Dismissal That Limited Him from Refiling Action”

District Court Cannot Grant Rule 12(b)(6) Motion Solely Because It Struck Plaintiff’s Brief Under Rule 11(a), Holds Seventh Circuit

In Marcure v. Lynn, No. 19-2978 (7th Cir. Mar. 25, 2021), the panel addresses two unresolved issues in the circuit, holding that (1) the striking of unsigned briefs is mandatory under Fed. R. Civ. P. 11(a), but (2) even if a motion to dismiss for failure to state a claim under Fed. R. Civ. P.Continue reading “District Court Cannot Grant Rule 12(b)(6) Motion Solely Because It Struck Plaintiff’s Brief Under Rule 11(a), Holds Seventh Circuit”

Sixth Circuit Holds Computer-Generated Log of Faxes Were Not Hearsay, But Were Properly Excluded for Lack of Authentication

In Lyngaas v. Curaden AG, No. 20-1199 (6th Cir. Mar. 24, 2021), a Telephone Consumer Protection Act (TCPA) class action, the court affirms the district court’s orders concerning the admissibility of a summary-report log that purportedly identified the class members who were called. The class action alleged that the defendants faxed unsolicited ads to thousandsContinue reading “Sixth Circuit Holds Computer-Generated Log of Faxes Were Not Hearsay, But Were Properly Excluded for Lack of Authentication”

Third Circuit Sanctions Lawyer for Bad Cut-and-Paste Job

In Conboy v. United States Small Business Admin., No. 20-1726 (3d Cir. Mar. 19, 2021), the Third Circuit issues a Fed. R. App. P. 38 sanction against a lawyer whose appellate brief “was essentially a copy of the one he filed in the District Court.” To underscore the point, the panel attaches a red-lined copyContinue reading “Third Circuit Sanctions Lawyer for Bad Cut-and-Paste Job”

Plaintiff That Let Fed. R. Civ. P. 12(b)(1) Procedural Error Slip Forfeits Subject-Matter Jurisdiction Under Doctrine of Party Presentation, Holds Eleventh Circuit

In PDVSA US Litig. Trust v. Lukoil Pan Americas, LLC,.No. 19-10950 (11th Cir. Oct. 18, 2021), the plaintiff-appellant failed to raise its best argument on appeal – that the district court decided the central legal issue on the merits on a Fed. R. Civ. P. 12(b)(1) motion to dismiss – and thus loses under theContinue reading “Plaintiff That Let Fed. R. Civ. P. 12(b)(1) Procedural Error Slip Forfeits Subject-Matter Jurisdiction Under Doctrine of Party Presentation, Holds Eleventh Circuit”