Eleventh Circuit Regrets Having Invented a New Burden of Proof for Fourth Amendment Exception, So It Rules En Banc to Wipe “Reasonable Probability” From Books

In United States v. Watkins, No. 18-14336 (11th Cir. Aug. 20, 2021), the en banc Eleventh Circuit unanimously overrules the “reasonable probability” standard it had used since the 1980s to evaluate claims by police under the Fourth Amendment “inevitable discovery” exception, Nix v. Williams, 467 U.S. 431 (1984). It holds that the correct standard, consistentContinue reading “Eleventh Circuit Regrets Having Invented a New Burden of Proof for Fourth Amendment Exception, So It Rules En Banc to Wipe “Reasonable Probability” From Books”

Tenth Circuit Holds That a Single Phone Call That the Debtor Didn’t Even Answer Created Standing Under the FDCPA, Breaking with the Seventh Circuit

In a blog entry dated December 16, 2020, I summarized five decisions by the Seventh Circuit that dramatically crimped Article III standing in Fair Debt Collection Practices Act (FDCPA) cases. In yesterday’s decision, Lupia v. Medicredit, No. 20-1294 (10th Cir. Aug. 17, 2021), the Tenth Circuit expressly rejects the Seventh Circuit’s approach and holds thatContinue reading “Tenth Circuit Holds That a Single Phone Call That the Debtor Didn’t Even Answer Created Standing Under the FDCPA, Breaking with the Seventh Circuit”

Eleventh Circuit Criticizes Expansion of Rooker-Feldman by Lower Courts as “One-Size-Fits-All Preclusion Doctrine”

In Behr v. Campbell, No. 18-12842 (11th Cir. Aug. 12, 2021), the Eleventh Circuit reverses a sua sponte dismissal of a 30-count federal civil-rights complaint arising out of events from a state-court domestic relations dispute. “That kind of sweeping dismissal is not at all unusual—but it is also at odds with the Supreme Court’s clearlyContinue reading “Eleventh Circuit Criticizes Expansion of Rooker-Feldman by Lower Courts as “One-Size-Fits-All Preclusion Doctrine””

Fifth Circuit Affirms Summary Judgment Where Plaintiff’s Lawyer Did Not Get an Electronic Notification of the Motion

In Rollins v. Home Depot USA, No. 20-50736 (5th Cir. Aug. 9, 2021), the Fifth Circuit affirms summary judgment in “a cautionary tale for every attorney who litigates in the era of e-filing.” The plaintiff’s lawyer missed the filing of a dispositive motion because “his computer’s email system placed that notification in a folder thatContinue reading “Fifth Circuit Affirms Summary Judgment Where Plaintiff’s Lawyer Did Not Get an Electronic Notification of the Motion”

Split Second Circuit Panel Holds That Collateral Order Doctrine Allows Interlocutory Review of Order of Fugitive Disentitlement, Creating a Circuit Split

In United States v. Sindzingre, No.19-1698 (2d Cir. Aug. 5, 2021), a 2-1 panel decides both its appellate jurisdiction to review an interlocutory order under the fugitive disentitlement doctrine, disagreeing with the Sixth and Eleventh Circuits. The panel majority also holds that the district court erred in holding that the doctrine applied to “a foreignContinue reading “Split Second Circuit Panel Holds That Collateral Order Doctrine Allows Interlocutory Review of Order of Fugitive Disentitlement, Creating a Circuit Split”

Fifth Circuit Adheres to Granting Interlocutory Review of Denial of State-Action Immunity in Antitrust Cases Under Collateral Order Doctrine, Continuing Circuit Split

In Quadvest L.P. v. San Jacinto River Auth., No. 20-20447 (5th Cir. Aug. 5, 2021), a Fifth Circuit panel holds in a Sherman Act case that, despite every other circuit rejecting its view, it will accept interlocutory review of a defendant’s “entitlement to state-action antitrust immunity in a motion to dismiss” under the collateral orderContinue reading “Fifth Circuit Adheres to Granting Interlocutory Review of Denial of State-Action Immunity in Antitrust Cases Under Collateral Order Doctrine, Continuing Circuit Split”

No Interlocutory Appeal of Interim Fee Award Paid Directly by Defendant, Holds Ninth Circuit

In AdTrader Inc. v. Google LLC, No. 20-15542 (9th Cir. July 30, 2021), the Ninth Circuit holds that an interim award of fees in a class action that is paid by the defendant, rather than through a common fund, is not subject to an interlocutory appeal. Google LLC runs advertising platforms for digital ads, andContinue reading “No Interlocutory Appeal of Interim Fee Award Paid Directly by Defendant, Holds Ninth Circuit”

Eighth Circuit Agrees With Third and Seventh That Social Media Site May Be Authenticated With Extrinsic Evidence Under Fed. R. Evid. 901(a)

In United States v. Lamm, No. 20-1128 (8th Cir. July 29, 2021), the Eighth Circuit affirmed a conviction for distribution, production, and possession of child pornography, holding that the district court did not err in admitting evidence from the defendant’s Facebook page over objections to authentication and hearsay. “A Homeland Security Special Agent was investigatingContinue reading “Eighth Circuit Agrees With Third and Seventh That Social Media Site May Be Authenticated With Extrinsic Evidence Under Fed. R. Evid. 901(a)”

Fifth Circuit Rebukes U.S. Attorney’s Office in Fed. R. Crim. P. 41(g) Action for Breaching Grand Jury Secrecy and Holding onto Documents Identified as Privileged

In Harbor Healthcare System, L.P. v. United States, No. 19-20624 (5th Cir. July 26, 2021), a per curiam panel of the Fifth Circuit takes aim at the government’s “callous disregard” of the plaintiff’s attorney-client privilege, reversing the district court’s dismissal of the plaintiff’s action for pre-indictment return of its privileged documents. Harbor was the subjectContinue reading “Fifth Circuit Rebukes U.S. Attorney’s Office in Fed. R. Crim. P. 41(g) Action for Breaching Grand Jury Secrecy and Holding onto Documents Identified as Privileged”

Sixth Circuit Divides Over Whether Voluntary Dismissal of Undecided Claims Under Fed. R. Civ. P. 41(a)(2), “With the Intention of Reinstating the Dismissed Claims,” Creates an Appealable Final Judgment

In Rowland v. Southern Health Partners, Inc., No. 20-5944 (6th Cir. July 21, 2021), the panel splits over the meaning of its prior case law, holding that a voluntary dismissal without prejudice under Rule 41(a)(2) of claims that might be refiled after a successful appeal does not present a final, appealable judgment under 28 U.S.C.Continue reading “Sixth Circuit Divides Over Whether Voluntary Dismissal of Undecided Claims Under Fed. R. Civ. P. 41(a)(2), “With the Intention of Reinstating the Dismissed Claims,” Creates an Appealable Final Judgment”