In Malek v. Feigenbaum, No. 23-992 (2d Cir. Sept. 11, 2024), the Second Circuit dismisses an appeal filed belatedly under Fed. R. App. P. 4(a)(4)(A), and further holds under the intervening authority of Nutraceutical Corp. v. Lambert, 586 U.S. 188 (2019), negates prior circuit authority that might have recognized equitable exceptions to the 30-day deadline.Continue reading “Second Circuit Holds That Late Filing Under Fed. R. App. P. 4(a)(4)(A) Is Not Subject to Equitable Exceptions, Overruling Prior Circuit Authority”
Author Archives: pwmollica1961
Say It (Over and Over Again): Fifth Circuit Orders District Court to Consider Diversity of Citizenship a Second Time
In J.A. Masters v. Beltramini, No. 23-20292 (5th Cir. Sept. 9, 2024), the Fifth Circuit finds itself returning a fully-tried case to the district court – for a second time – to adjudicate whether it had diversity jurisdiction. Judge Haynes files a dissent. “This appeal comes to us following a five-day jury trial. Plaintiffs J.A.Continue reading “Say It (Over and Over Again): Fifth Circuit Orders District Court to Consider Diversity of Citizenship a Second Time”
Second Circuit Panel Divides Over Whether Unconsented Felony Trial to a Jury of Eleven Constitutes a Structural Error, Creating Split with the Fourth Circuit
In United States v. Johnson, No. 22-1289 (2d Cir. Sept. 6, 2024), while that panel agrees that the district court erred under Federal Rule of Criminal Procedure 23(b) by allowing the case to go to deliberation with just eleven jurors, it splits over the impact of the error. The panel majority holds that the ruleContinue reading “Second Circuit Panel Divides Over Whether Unconsented Felony Trial to a Jury of Eleven Constitutes a Structural Error, Creating Split with the Fourth Circuit”
No Championship Season for Sectarian Football Team Seeking Injunction to Commandeer the PA System for Prayer, Holds Eleventh Circuit
In Cambridge Christian School, Inc. v. Florida High School Athletic Association, Inc., 22-11222 (11th Cir. Sept. 3, 2024), a Free Exercise case brought on behalf of a Christian-school football team, the panel holds that the plaintiff had no standing for declaratory or injunctive relief to use the stadium public-address system for group prayer, where itContinue reading “No Championship Season for Sectarian Football Team Seeking Injunction to Commandeer the PA System for Prayer, Holds Eleventh Circuit”
Sixth Circuit Holds That “Legitimate Questions” About Content of Legal Instruments Attached to Defendant’s Motion Precludes Dismissal Under Fed. R. Civ. P. 12(b)(6)
In Moyer v. GEICO, No. 23-4015 (6th Cir. Aug. 26, 2024), the Sixth Circuit reverses dismissal of an ERISA case when the plaintiff raised “legitimate questions” about the completeness of the plan documents attached to defendant’s Fed. R. Civ. P. 12(b)(6) motion to dismiss. “Cases often depend on the contents of legal instruments, such asContinue reading “Sixth Circuit Holds That “Legitimate Questions” About Content of Legal Instruments Attached to Defendant’s Motion Precludes Dismissal Under Fed. R. Civ. P. 12(b)(6)”
Ninth Circuit Resolves Intracircuit Conflict on Law-of-the-Case, Tightening Standard for Successor Judge Reconsideration of Prior Decisions
In Zeyen v. Bonneville Joint Dist., No. 23-35438 (9th Cir. Aug. 23, 2024), the Ninth Circuit holds that when an open case is reassigned to a new district court judge, the successor may only reverse a predecessor’s decision when it is both “clearly erroneous and . . . its enforcement would work a manifest injustice.”Continue reading “Ninth Circuit Resolves Intracircuit Conflict on Law-of-the-Case, Tightening Standard for Successor Judge Reconsideration of Prior Decisions”
Eleventh Circuit Affirms Judgment as a Matter of Law Tossing a $300 Million Verdict, Owing to Admission of Hearsay Valuation Evidence, Yet Remands for a New Trial on Damages
In Taxinet Corp. v. Leon, No. 22-12335 (11th Cir. Aug. 19, 2024), the Eleventh Circuit affirms judgment as a matter of law that wiped out a $300 million jury verdict on a state law unjust-enrichment claim, after the district court held that it erred in admitting hearsay valuation evidence. Yet the panel exercises discretion toContinue reading “Eleventh Circuit Affirms Judgment as a Matter of Law Tossing a $300 Million Verdict, Owing to Admission of Hearsay Valuation Evidence, Yet Remands for a New Trial on Damages”
Second Circuit Reverses District Court’s Post-Trial Tripling of Jury Award of Damages, Finding No Fundamental Error in Jury Verdict
In Salamone v. Douglas Marine Corp., No. 21-1331 (2d Cir. Aug. 8, 2024), the Second Circuit affirms a jury verdict in a state-law contract case, but reverses the district court’s post-verdict tripling of the damages, holding that the plaintiff forfeited a challenge to the jury’s calculation and there was no fundamental error warranting judicial interventionContinue reading “Second Circuit Reverses District Court’s Post-Trial Tripling of Jury Award of Damages, Finding No Fundamental Error in Jury Verdict”
Alleged Shoving Match Between Counsel at a Deposition Leads to Sanctions and an Appeal to the Seventh Circuit
In Vega v. Chicago Bd. of Ed., No. 23-1183 (7th Cir. July 29, 2024), the Seventh Circuit affirms in part and reverses in part sanctions awarded by the district court under 28 U.S.C. § 1927 and the court’s inherent authority after an acrimonious deposition that allegedly led to a physical confrontation. “On July 13, 2017,Continue reading “Alleged Shoving Match Between Counsel at a Deposition Leads to Sanctions and an Appeal to the Seventh Circuit”
Third Circuit Holds That Private Process Server Fees Are Not a Taxable Cost Under Section 1920(1), Adding to a Circuit Split
In Knowles v. Temple Univ., No. 22-2978 (7th Cir. July 26, 2024), the Third Circuit contributes to the circuit split about whether private process-server fees are taxable costs as “[f]ees of the clerk and marshal” under 28 U.S.C. § 1920(1) and Fed. R. Civ. P. 54(d). The panel holds that they are not taxable, thusContinue reading “Third Circuit Holds That Private Process Server Fees Are Not a Taxable Cost Under Section 1920(1), Adding to a Circuit Split”
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