No Appellate Jurisdiction Over Remand Order Under 28 U.S.C. § 1447(d) Except on Federal-Officer Ground, Holds First Circuit

In State of Rhode Island v. Shell Oil Prods. Co., LLC, No. 19-1818 (1st Cir. Oct. 29, 2020), the First Circuit joins the majority of circuits in holding that the appeal of a federal-officer removal argument under 28 U.S.C. § 1447(d) does not expose the entire remand order to appellate review. (This issue is nowContinue reading “No Appellate Jurisdiction Over Remand Order Under 28 U.S.C. § 1447(d) Except on Federal-Officer Ground, Holds First Circuit”

Party’s Failure to Contemporaneously Object to District Court ‘s Violation of Fed. R. Civ. P. 6(b)(2) Forfeits Argument, Holds Second Circuit

In Legg v. Ulster Cnty., No. 17-2861 (2d Cir. Oct. 29, 2020), a Title VII and § 1983 sex harassment case, the Second Circuit holds that even though the district court improperly gave defendants an extension on their deadline to file post-judgment motions, the non-movant forfeited any objection by not raising the issue at theContinue reading “Party’s Failure to Contemporaneously Object to District Court ‘s Violation of Fed. R. Civ. P. 6(b)(2) Forfeits Argument, Holds Second Circuit”

$6.3MM FACTA Class Settlement Flushed on Spokeo Standing Grounds by En Banc Eleventh Circuit

In Muransky v. Godiva Chocolatier, Inc.,  No. 16-16486 (11th Cir. Oct. 28, 2020) (en banc), a 7-3 court (with two absententions) tossed a Fair and Accurate Credit Transactions Act (FACTA) settlement on the ground that the class representative did not allege a concrete injury from having too much of his credit card number printed onContinue reading “$6.3MM FACTA Class Settlement Flushed on Spokeo Standing Grounds by En Banc Eleventh Circuit”

No Appellate Jurisdiction Over Foreign Discovery Dispute Under 28 U.S.C. § 1782, Holds Fifth Circuit

In Banca Pueyo SA v. Lone Star Fund IX (US), No. 20-10049 (5th Cir. Oct. 27, 2020), the Fifth Circuit holds that it lacked jurisdiction to hear an ongoing dispute about the scope of discovery in a proceeding under 28 U.S.C. § 1782. “Section 1782 is the most recent version of statutes that for moreContinue reading “No Appellate Jurisdiction Over Foreign Discovery Dispute Under 28 U.S.C. § 1782, Holds Fifth Circuit”

Just in Time for Halloween, Fifth Circuit Reanimates Challenge to “Zombie” Law

In Pool v. City of Houston, No. 19-20828 (5th Cir. Oct. 23, 2020), the Fifth Circuit holds that the district court had subject-matter jurisdiction to consider a constitutional challenge to a petitioning ordinance deemed unconstitutional 20 years earlier and arguably no longer enforced. “It is often said that courts ‘strike down’ laws when ruling themContinue reading “Just in Time for Halloween, Fifth Circuit Reanimates Challenge to “Zombie” Law”

An Intervening Change in Law Nearly Always Warrants Modification of Injunction, Holds Ninth Circuit

In State of California v. EPA, No. 19-17480 (9th Cir. Oct. 22, 2020), the Ninth Circuit holds that the district court abused its discretion by denying the Environmental Protection Agency’s motion for relief from a court-imposed deadline under Fed. R. Civ. P. 60(b)(5), owing to an intervening change in the regulations. In so holding, theContinue reading “An Intervening Change in Law Nearly Always Warrants Modification of Injunction, Holds Ninth Circuit”

Split Sixth Circuit Panel Holds That State Legislature Has Standing to Challenge Injunction of State Election Law

In Priorities USA v. Nessel, No. 20-1931 (6th Cir. Oct. 21, 2020), a 2-1 panel of the Sixth Circuit holds that the Michigan Legislature had standing to seek an emergency stay of a preliminary injunction of state election law when the state’s attorney general refrained from defending it. “Three voter-advocacy organizations challenged” a law “mandatingContinue reading “Split Sixth Circuit Panel Holds That State Legislature Has Standing to Challenge Injunction of State Election Law”

Court Finding That Defendant Is Competent to Stand Trial Not Subject to Interlocutory Appeal, Holds Tenth Circuit

In United States v. Perea, No. 19-2160 (10th Cir. Oct. 20, 2020), the Tenth Circuit holds that a finding of competency to stand trial in a federal criminal trial is not a collateral order subject to interlocutory appeal. Defendant was indicted on nine counts of child pornography. The district court initially found him not competentContinue reading “Court Finding That Defendant Is Competent to Stand Trial Not Subject to Interlocutory Appeal, Holds Tenth Circuit”

On a Third Go-Around, Fifth Circuit Puts Down Its Chancellor’s Foot

In M.D. v. Abbott, No. 19-41015 (5th Cir. Oct. 16, 2020), the Fifth Circuit – while recognizing “the good faith of the district judge in this case” – wrests control over a statewide injunction of Texas’s foster-care system. “Plaintiffs are a certified class of minor children in the permanent managing conservatorship (PMC) of the TexasContinue reading “On a Third Go-Around, Fifth Circuit Puts Down Its Chancellor’s Foot”

Fifth Circuit Remands Challenge to ACA Shared-Responsibility Payments for the District Court to Reconsider Mootness

In Dierlam v. Trump, No. 18-20440 (5th Cir. Oct. 15, 2020), the Fifth Circuit holds that the district court was too hasty to judge whether changes in the Affordable Care Act (ACA) entirely mooted a claim to recover “shared responsibility” payments. In this pro se case, plaintiff sought “retrospective and prospective relief for myriad allegedContinue reading “Fifth Circuit Remands Challenge to ACA Shared-Responsibility Payments for the District Court to Reconsider Mootness”