In Avenatti v. Fox News Network LLC, No. 21-2702 (3d Cir. July 21, 2022), the Third Circuit affirms a decision of the district court to drop a defendant added to a complaint, just days after its removal, under Fed. R. Civ. P. 21. When non-diverse defendants are named in the state-court complaint prior to removalContinue reading “District Court Did Not Abuse Discretion Under Fed. R. Civ. P. 21 in Dropping Non-Diverse Party Added to Complaint Days After Removal, Holds Third Circuit”
Author Archives: pwmollica1961
A Failure to Timely Cross-Appeal an Issue Is Not Jurisdictional and Thus Objection to Such an Omission Can Be Forfeited, Holds Sixth Circuit
In Georgia-Pacific Consumer Prods. v. NCR Corp., No.18-1806 (6th Cir. July 14, 2022), in an order denying rehearing en banc, the panel amends its original order with an appendix to hold that any objection to a party’s failure to timely cross-appeal from a final judgment does not go to subject-matter jurisdiction, and thus may beContinue reading “A Failure to Timely Cross-Appeal an Issue Is Not Jurisdictional and Thus Objection to Such an Omission Can Be Forfeited, Holds Sixth Circuit”
Sixth Circuit Adopts Narrower “Forum State” Approach to Nationwide Service of Process under 18 U.S.C. § 1965(b) of RICO Act, Joining Majority View in Circuit Split
In Peters Broadcast Eng’g, Inc. v. 24 Capital, LLC, No. 21-3849 (6th Cir. July 13, 2022), the Sixth Circuit joins six other circuits in holding that, for nationwide service of process under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1965, at least one defendant must be subject to personal jurisdiction inContinue reading “Sixth Circuit Adopts Narrower “Forum State” Approach to Nationwide Service of Process under 18 U.S.C. § 1965(b) of RICO Act, Joining Majority View in Circuit Split”
Eleventh Circuit Holds That There Can Be No “Prevailing Party” in a Federal Lawsuit for Purposes of Fed. R. Civ. P. 54(d)(1), Adding to Circuit Split
In Royal Palm Properties, LLC v. Pink Palm Properties, LLC, No. 21-10872 (11th Cir. July 7, 2022), the Eleventh Circuit holds that where a case ends in a “split judgment and both parties lost on their claims,” there can be “no clear winner” and “thus, no prevailing party” for purposes of awarding costs under Fed.Continue reading “Eleventh Circuit Holds That There Can Be No “Prevailing Party” in a Federal Lawsuit for Purposes of Fed. R. Civ. P. 54(d)(1), Adding to Circuit Split”
Oral Bench Ruling Was Final Decision That Triggered Running of Time to Appeal, Holds Fifth Circuit
In Ueckert v. Guerra, No. 22-40263 (5th Cir. June 27, 2022), the Fifth Circuit dismissed as untimely an appeal filed 412 days after a verbal bench order was entered on the docket. “There is at least one exception to the maxim ‘no news is good news.’ When a lawyer has an outstanding motion but hasn’tContinue reading “Oral Bench Ruling Was Final Decision That Triggered Running of Time to Appeal, Holds Fifth Circuit”
Split Second Circuit Panel Upholds Federal Judicial Power to Appoint Special Prosecutor Under Fed. R. Crim. P. 42(a) to Press Criminal Contempt
In United States v. Donziger, No. 21-2486 (2d Cir. June 23, 2022), a 2-1 panel majority turns back constitutional challenges to the district court’s power under the Appointments Clause, U.S. Const. art. II, § 2, cl. 2, and Fed. R. Crim. P. 42(a) to appoint special prosecutors in a criminal contempt case. The appeal arisesContinue reading “Split Second Circuit Panel Upholds Federal Judicial Power to Appoint Special Prosecutor Under Fed. R. Crim. P. 42(a) to Press Criminal Contempt”
Split Ninth Circuit Panel Applies Prior Exclusive Jurisdiction Rule to Affirm Dismissal of Federal Action Against State Insurance Commission
In Applied Underwriters v. Laras, No. 21-15679 (9th Cir. June 10, 2022), a split panel affirms the dismissal of a federal civil-rights action in favor of a pending state conservatorship action, but disagrees on the grounds. The panel majority would affirm under the prior exclusive jurisdiction rule, while the concurring judge would rely (as didContinue reading “Split Ninth Circuit Panel Applies Prior Exclusive Jurisdiction Rule to Affirm Dismissal of Federal Action Against State Insurance Commission”
No Interlocutory Appeal of Decision Denying Summary Judgment on Title VII “Ministerial Exception” Defense, Split Tenth Circuit Panel Holds
In Tucker v. Faith Bible Chapel Int’l., No. 20-1230 (10th Cir. June 7, 2022), a 2-1 panel of the Tenth Circuit holds that there is no appellate jurisdiction under the collateral-order doctrine to review the denial of summary judgment on the “ministerial exception” recognized by the U.S. Supreme Court. Two Supreme Court decisions from theContinue reading “No Interlocutory Appeal of Decision Denying Summary Judgment on Title VII “Ministerial Exception” Defense, Split Tenth Circuit Panel Holds”
Plaintiffs’ “Mad-Libs-Style Complaints” Alleging Americans with Disabilities Act Violations Lacked Plausible Grounds for Article III Standing, Holds Split Second Circuit Panel
In Calcano v. Swarovski N.A. Ltd., No. 20-1552 (2d Cir. June 2, 2022), a 2-1 panel of the Second Circuit holds—in a case involving four blind plaintiffs—that a template complaint used by a law firm in scores of ADA public-accommodation cases that it filed lacked enough in the way of facts to plausibly allege anContinue reading “Plaintiffs’ “Mad-Libs-Style Complaints” Alleging Americans with Disabilities Act Violations Lacked Plausible Grounds for Article III Standing, Holds Split Second Circuit Panel”
Seventh Circuit Busts Plaintiffs for “Judge Shopping,” Vacates and Remands Second Case to Be Reassigned to the Original Judge
In Ewing v. Carrier, No. 21-2890 (7th Cir. May 25, 2022), the Seventh Circuit skips a decision on the merits of a fraud and breach or contract case, finding that it was related to a pending case and should not have been filed as a new matter in front of a second judge. It vacatesContinue reading “Seventh Circuit Busts Plaintiffs for “Judge Shopping,” Vacates and Remands Second Case to Be Reassigned to the Original Judge”
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