Fifth Circuit Grants Mandamus to Quash Subpoena of State Attorney General’s Testimony Until Sovereign Immunity Issue Is Decided

In In re Ken Paxton, No. 22-50882 (5th Cir. Nov. 14, 2022), the panel grants a writ of mandamus directing that the district court quash a subpoena of Texas Attorney General Paxton until the judge decides whether he should be dismissed from the action owing to sovereign immunity. The underlying lawsuit challenged the potential extraterritorialContinue reading “Fifth Circuit Grants Mandamus to Quash Subpoena of State Attorney General’s Testimony Until Sovereign Immunity Issue Is Decided”

Plaintiffs Waited Too Long to Appeal Post-Judgment Formula for Calculating Interest, Holds Second Circuit

In Amara v. Cigna Corp., No. 20-202 (2d Cir. Nov. 10, 2022), reviewing post-judgment orders in a long-running class action under the Employee Retirement Income Security Act (ERISA), the Second Circuit holds that it has no jurisdiction over the plaintiff-class’s challenge to the district court’s orders setting the formula for calculating interest because the noticeContinue reading “Plaintiffs Waited Too Long to Appeal Post-Judgment Formula for Calculating Interest, Holds Second Circuit”

Fed. R. Civ. P. 11 Does Not Apply to Pleadings Filed in State Court and Then Removed by the Defendant, Holds First Circuit

In Guaetta & Benson, LLC v. McArdle, No. 22-1034 (1st Cir. Oct. 28, 2022), the First Circuit reversed Fed. R. Civ. P. 11 sanctions, holding as a matter of law that Rule 11 did not apply to complaints filed in state court and then removed to federal court. “On February 7, 2017, Nicholas Triantos suedContinue reading “Fed. R. Civ. P. 11 Does Not Apply to Pleadings Filed in State Court and Then Removed by the Defendant, Holds First Circuit”

Tenth Circuit Sets Low Bar for Fed. R. Civ. P. 26(a)(2)(C) Disclosures for Non-Retained Experts in Truck Collision Case

In Vincent v. Nelson, No.20-8030 (10th Cir. Oct. 27, 2022), in an issue of first impression, the Tenth Circuit holds that a pre-trial disclosure under Fed. R. Civ. P. 26(a)(2)(C) for non-retained experts may be fairly general in form to support their testimony at trial, in contrast to the more rigorous demands for retained expertsContinue reading “Tenth Circuit Sets Low Bar for Fed. R. Civ. P. 26(a)(2)(C) Disclosures for Non-Retained Experts in Truck Collision Case”

Eighth Circuit Sides with Fifth Circuit that States Lack Article III Standing to Challenge the Biden Administration’s Executive Order on Climate Change

In State of Missouri v. Biden, No. 21-3013 (8th Cir. Oct. 19, 2022), the Eighth Circuit rejected a challenge by thirteen states to the president’s executive order reinstating a governmental taskforce on climate change, abrogating several executive orders of the past administration, and directing that climate data be gathered for regulatory cost-benefit analysis. The decisionContinue reading “Eighth Circuit Sides with Fifth Circuit that States Lack Article III Standing to Challenge the Biden Administration’s Executive Order on Climate Change”

Seventh Circuit Holds That Denial of Motion to Quash Administrative Warrant Is Not a Final Order for Immediate Appeal Under 28 U.S.C. § 1291

In Anthony Marano Co. v. Walsh, No. 21-2661 (7th Cir. Oct. 18, 2022), presenting an issue of first impression for the circuit, the Seventh Circuit holds that there is no appellate jurisdiction to review the legal sufficiency of an administrative warrant prior to its execution under 28 U.S.C. § 1291. “Anthony Marano Company (‘AMC’ orContinue reading “Seventh Circuit Holds That Denial of Motion to Quash Administrative Warrant Is Not a Final Order for Immediate Appeal Under 28 U.S.C. § 1291”

Courthouse Furor Over the COVID Pandemic Did Not Warrant New Trial for Damages, Holds Second Circuit

In ABKCO Music, Inc. v. Sagan, No. 20-3816 (2d Cir. Oct. 6, 2022), the Second Circuit reviews cross-appeals from a jury trial of a Copyright Act case. Among the issues presented was whether the jury deliberation, taking place against the backdrop of the COVID lockdown, was unfairly rushed. The defendant William Sagan owned a troveContinue reading “Courthouse Furor Over the COVID Pandemic Did Not Warrant New Trial for Damages, Holds Second Circuit”

First Circuit Sides with Eleventh Circuit in Holding that a Disabled Tester Incurs an Informational Injury When Denied Access to Information on a Hotel Website, Creating Article III Standing

In Laufer v. Acheson Hotels, LLC, No. 21-1410 (1st Cir. Oct. 5, 2022), the First Circuit agreed with the Eleventh Circuit – and broke with the Second, Fifth, and Tenth Circuits – that a disabled tester suffers an injury, worthy of Article III standing, when they cannot access information on a hotel reservation website inContinue reading “First Circuit Sides with Eleventh Circuit in Holding that a Disabled Tester Incurs an Informational Injury When Denied Access to Information on a Hotel Website, Creating Article III Standing”

Fifth Circuit Tosses Injunction Against State Under National Voter Registration Act for Plaintiffs’ Lack of Injury of Fact for Title III Standing

In Campaign Legal Center v. Scott, No. 22-50692 (5th Cir. Sept. 29, 2022), the Fifth Circuit holds that a group of voting-rights organizations suing the State of Texas for information under the National Voter Registration Act of 1993 (“NVRA”) lacked Article III standing to bring their claim. The plaintiff organizations sued Texas under the NVRA’sContinue reading “Fifth Circuit Tosses Injunction Against State Under National Voter Registration Act for Plaintiffs’ Lack of Injury of Fact for Title III Standing”

Sixth Circuit Holds District Court Lacked Power to Order a Forensic Examination of a Juror’s Personal Electronics to Investigate Alleged Misconduct in a Criminal Case

In In re Sittenfeld, No. 22-3694 (6th Cir. Sept. 23, 2022), the Sixth Circuit denies a mandamus petition and thus leaves undisturbed the denial of an order sought by a criminal defendant to compel the forensic examination of a juror’s cellphone, computer, or “any electronic device that [the juror] used to make electronic communications.” “InContinue reading “Sixth Circuit Holds District Court Lacked Power to Order a Forensic Examination of a Juror’s Personal Electronics to Investigate Alleged Misconduct in a Criminal Case”