Ripeness Can Blossom on Appeal, Holds Fifth Circuit

In DM Arbor Court, Ltd. v. City of Houston, No. 20-20194 (5th Cir. Feb. 12, 2021), a challenge to a city’s failure to act on applications for construction permits became ripe on appeal because—while it was pending—the City Council ruled and denied the permits. Following flooding from Hurricane Harvey in 2017, Arbor Court Apartments appliedContinue reading “Ripeness Can Blossom on Appeal, Holds Fifth Circuit”

Sixth Circuit Reassigns Case from District Court That Failed to Give Defendants a “Meaningful Opportunity” to Investigate Juror Bias

In United States v. Lanier, No. 16-6655 (6th Cir. Feb. 11, 2021), on a third trip to the court of appeals, the panel grants the husband-and-wife defendants a new trial after the district court bobbles an investigation into a juror who allegedly communicated with a state prosecutor during the trial. In 2015, the Laniers “wereContinue reading “Sixth Circuit Reassigns Case from District Court That Failed to Give Defendants a “Meaningful Opportunity” to Investigate Juror Bias”

Second Circuit Holds That Rule 68 Offer of Judgment Was Unenforceable Because There Was No Meeting of the Minds on the Monetary Term

In Electra v. 59 Murray Enterprises, Inc., No. 19-235 (2d Cir. Feb. 9, 2021), the panel – while reviewing summary judgment in a New York Civil Rights Law §§ 50 and 51 action – holds that plaintiffs had not accepted a Fed. R. Civ. P. 68 offer of judgment because of an ambiguity in theContinue reading “Second Circuit Holds That Rule 68 Offer of Judgment Was Unenforceable Because There Was No Meeting of the Minds on the Monetary Term”

Seventh Circuit Vacates District Court’s Rejection of Magistrate Judge’s Credibility Findings Without a Hearing

In McIntosh v. Wexford Health Sources, Inc., No. 19-1095 (7th Cir. Feb. 5, 2021), the Seventh Circuit holds that the district court erred by reversing a magistrate judge’s ruling that a prisoner exhausted his remedies under the Prison Litigation Reform Act (PLRA) “without itself holding a new hearing upon which to base its own credibilityContinue reading “Seventh Circuit Vacates District Court’s Rejection of Magistrate Judge’s Credibility Findings Without a Hearing”

Sixth Circuit Holds That Notice of Appeal Was Timely Filed When It Was Deposited in the Court Drop Box

In Pierce v. Ocwen Loan Servg., LLC, No. 20-6057 (6th Cir. Feb. 4, 2021), a motion panel denies a motion to dismiss an appeal on limitations grounds, holding that the lawyer dropping the paper notice of appeal in the district court’s drop box constituted filing for purposes of Fed. R. App. P. 4. “Homeowners GeraldContinue reading “Sixth Circuit Holds That Notice of Appeal Was Timely Filed When It Was Deposited in the Court Drop Box”

Fifth Circuit Holds That It Has No Appellate Jurisdiction Over Post-Judgment Order to Return Interpleaded Funds to the Court’s Registry

In Reed Migraine Centers of TX v. Ticer, No. 20-10156 (5th Cir. Feb. 2, 2021), the panel holds that a Fed. R. Civ. P. 60(b)(5) order reopening an interpleader action and directing return of the funds was not a final appealable order. “Dr. Kenneth Reed, a member of both Reed Migraine Centers of Texas, LLCContinue reading “Fifth Circuit Holds That It Has No Appellate Jurisdiction Over Post-Judgment Order to Return Interpleaded Funds to the Court’s Registry”

District Court Erred by Imposing “Administrative Feasibility” Condition on Class Action, Holds Eleventh Circuit

In Cherry. v. Dometic Corp., No 19-13242 )11th Cir. Feb. 2, 2021), the Eleventh Circuit holds that Fed. R. Civ. P. 23 provides no basis to require a class plaintiff to establish administrative feasibility as a requirement of certification and remands the case for further development. “Dometic Corporation manufactures and sells gas-absorption refrigerators that areContinue reading “District Court Erred by Imposing “Administrative Feasibility” Condition on Class Action, Holds Eleventh Circuit”

District Court Judge Who Promised to “Crush” the Plaintiff’s Attorney Is Assigned Off of Case by Fifth Circuit

In Miller v. Sam Houston State Univ., No. 19-20752 (5th Cir. Jan. 29, 2021), the panel holds that a district court judge’s behavior in a pair of cases fell so far below the standard of fundamental fairness that it had no choice but to reverse, remand and reassign the matters to a different judge. TheContinue reading “District Court Judge Who Promised to “Crush” the Plaintiff’s Attorney Is Assigned Off of Case by Fifth Circuit”

Seventh Circuit Endorses 40-Person Rule of Thumb for Rule 23 Numerosity, Holds That 37 Was Too Few

In Anderson v. Weinert Enterprises Inc., No. 20-1030 (7th Cir. Jan. 28, 2021), the panel affirms denial of class certification under Fed. R. Civ. P. 23, where the proposed class fell below the 40-person threshold normally considered the standard for numerosity. The putative class was a state-law wage-and-hour case against a roofing company in northeastContinue reading “Seventh Circuit Endorses 40-Person Rule of Thumb for Rule 23 Numerosity, Holds That 37 Was Too Few”

Failure to Appeal Post-Trial Personal Jurisdiction Ruling Forfeited Issue, Holds Eleventh Circuit

In Acrylicon USA, Inc. v. Silikal GmbH, No. 17-15737 (11th Cir. Jan. 26, 2021), the panel holds that while the defendant preserved a record of opposing personal jurisdiction at the pleadings and post-trial stages, it forfeited the argument on appeal by not appealing the post-trial ruling. Plaintiff AcryliCon USA (AC-USA) sued Silikal in federal districtContinue reading “Failure to Appeal Post-Trial Personal Jurisdiction Ruling Forfeited Issue, Holds Eleventh Circuit”