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”

Fourth Circuit Holds That Absent a “Separate Document” Setting Out an Order as a Judgment Under Fed. R. Civ. P 58(a), Deadline for Attorney’s Fee Never Triggered

In CX Reinsurance Co. Ltd. v. Johnson, No. 19-1516 (4th Cir. Oct. 14, 2020), a confused timeline made it unclear whether defendant filed his attorney’s fee petition on time under the local rules. But because the district court failed to set out the judgment in a “separate document” under Fed. R. Civ. P 58(a), theContinue reading “Fourth Circuit Holds That Absent a “Separate Document” Setting Out an Order as a Judgment Under Fed. R. Civ. P 58(a), Deadline for Attorney’s Fee Never Triggered”

Admission of “Deeply Offensive Racist and Misogynistic” Audio of Co-Defendant at Criminal Trial Was Reversible Error, Holds Split Sixth Circuit Panel

In United States v. Hazelwood, No. 18-6023 (6th Cir. Oct. 14, 2020), a Sixth Circuit panel divides over whether it was error for the trial judge to admit “audio recordings in which one of the defendants … is heard using deeply offensive racist and misogynistic language.” The panel majority holds that it was inadmissible and,Continue reading “Admission of “Deeply Offensive Racist and Misogynistic” Audio of Co-Defendant at Criminal Trial Was Reversible Error, Holds Split Sixth Circuit Panel”

D.C. Circuit Panel Splits Over Whether It Has Appellate Jurisdiction to Review Dismissal “Without Prejudice” That Gave Plaintiff Leave to Amend Within 14 Days

In North Am. Butterfly Assoc. v. Wolf,  No. 19-5052 (D.C. Cir. Oct. 13, 2020), a 2-1 panel devotes 41 pages of its opinion (out of 69) to the question of whether it has power to review an ambiguous final judgment. The merits issue in the district court was whether construction of “a segment of theContinue reading “D.C. Circuit Panel Splits Over Whether It Has Appellate Jurisdiction to Review Dismissal “Without Prejudice” That Gave Plaintiff Leave to Amend Within 14 Days”

District Court Did Not Violate Mandate Rule by Taking Agency’s Resource Constraints into Account on Remand, D.C. Circuit Holds

In American Council of the Blind v. Mnuchin, No. 19-5284 (D.C. Cir. Oct. 9, 2020), the D.C. Circuit holds that the nearly two-decade-old struggle to make our paper currency readable for the visually impaired must continue while the Treasury Department struggles to meet both accessibility and security goals. The plaintiff, in a 2002 lawsuit, challengedContinue reading “District Court Did Not Violate Mandate Rule by Taking Agency’s Resource Constraints into Account on Remand, D.C. Circuit Holds”

No Vacatur of the District Court’s Costs Order on Appeal Just Because the Parties Jointly Request It, First Circuit Holds

In Villeneuve v. Avon Prod., Inc., No. 20-1121 (1st Cir. Oct. 7, 2020) (per curiam), despite that the parties  settled on appeal and jointly request vacatur of an order below, the First Circuit holds that they should seek this request in the district court under Fed. R. Civ. P. 60(b)(5). In a prior decision, aContinue reading “No Vacatur of the District Court’s Costs Order on Appeal Just Because the Parties Jointly Request It, First Circuit Holds”

Poky Litigants Cannot Make Use of “Capable of Repetition, Yet Evading Review” Exception to Mootness, Holds Fifth Circuit

In Empower Texans, Inc. v. Geren, No. 19-50577 (5th Cir. Oct. 5, 2020), a Fifth Circuit panel holds that a lawsuit mooted by the end of a legislative session could not be revived by the “capable of repetition, yet evading review” exception where the plaintiffs supposedly didn’t move fast enough to vindicate their rights. DefendantContinue reading “Poky Litigants Cannot Make Use of “Capable of Repetition, Yet Evading Review” Exception to Mootness, Holds Fifth Circuit”

Texas District Court Lacked Personal Jurisdiction to Vacate an Arbitration Award in Florida, Fifth Circuit Holds

In Sayers Constr., LLC v. Timberline Constr., Inc., No 19-51099 (5th Cir. Oct. 2, 2020), the panel affirms dismissal of a vacatur action on the ground that it would not comport with Due Process to review a Florida arbitration award in Texas. Plaintiff Sayers filed suit in the Western District of Texas to vacate anContinue reading “Texas District Court Lacked Personal Jurisdiction to Vacate an Arbitration Award in Florida, Fifth Circuit Holds”

Seventh Circuit Judge Give Guidance on Standards for Amicus Briefs

In Prairie Rivers Network v.  Dynegy Midwest Generation, LLC, No. 18-3644 (7th Cir. Oct. 2, 2020) (Scudder, J., in chambers), a Seventh Circuit judge gives the bench guidance about what makes an effective amicus brief under Fed. R. App. P. 29. Judge Scudder granted leave to three organizations – the Illinois Environmental Regulatory Group, theContinue reading “Seventh Circuit Judge Give Guidance on Standards for Amicus Briefs”

Seventh Circuit Affirms Dismissal Under the Doctrine of Derivative Jurisdiction, But Devises Prospective 30-Day Deadline for Defendants to Raise This Objection

In Ricci v. Salzmanin, No. 19-3035 (7th Cir. Oct. 1, 2020) (per curiam), a two-judge panel affirms dismissal of a complaint removed to federal court, because the state court where it was originally filed lacked jurisdiction, but also holds henceforth that defendants must raise this defect within 30 days of removal. (This is the firstContinue reading “Seventh Circuit Affirms Dismissal Under the Doctrine of Derivative Jurisdiction, But Devises Prospective 30-Day Deadline for Defendants to Raise This Objection”