In Love v. United States, No. 20-3534 (7th Cir. Nov. 4, 2021), the Seventh Circuit issues a short opinion devoted entirely to knocking down an argument that state rather than federal expert-witness evidence rules apply to a case governed by state law. This mirrors a recent Second Circuit opinion from October 6, 2021. Plaintiff VargasContinue reading “Another Court of Appeals Has to Write an Opinion Reminding Litigants That Fed. R. Evid. 702 Applies to Nearly All Cases in Federal Court Involving Expert Testimony”
Author Archives: pwmollica1961
Fourth Circuit Holds That District Court Had Subject-Matter Jurisdiction Over Complaint with Pseudonymous Plaintiff
In B.R. v. F.C.S.B., No. 21-1005 (4th Cir. Nov. 2, 2021), the Fourth Circuit accepts an interlocutory appeal under 28 U.S.C. § 1292(b) and holds that a federal court has subject-matter jurisdiction over a claim despite not knowing the plaintiff’s true name. A plaintiff – named “Kate” in the opinion – “commenced this action byContinue reading “Fourth Circuit Holds That District Court Had Subject-Matter Jurisdiction Over Complaint with Pseudonymous Plaintiff”
Tenth Circuit Panel Splits Over Analysis of Finality of Judgment When Unserved Party Remained in the Case
In Adams v. C3 Pipeline Constr., No. 20-2055 (10th Cir. Nov. 2, 2021), the panel holds that the appeal was timely filed “more than 10 months after the summary judgment order” being appealed “but only three weeks after” final judgment was entered against a defaulting party. Still, the judges disagree on the correct analysis ofContinue reading “Tenth Circuit Panel Splits Over Analysis of Finality of Judgment When Unserved Party Remained in the Case”
Class Waiver of Appeals from Award Determinations Enforced by Fifth Circuit, Sidestepping the Issue of Who the Proper Appellee Might Be
In Frego v. Settlement Class Counsel, No. 20-30596 (5th Cir. Oct. 27, 2021), the panel sidesteps an “odd” question of who the proper appellee might be in a “closed” fund class settlement, holding instead that the plaintiff-appellants waived the right to appeal the award under the class settlement. “After ten years of litigation, a classContinue reading “Class Waiver of Appeals from Award Determinations Enforced by Fifth Circuit, Sidestepping the Issue of Who the Proper Appellee Might Be”
The Doctrine of Consular Nonreviewability Does Not Go to Subject-Matter Jurisdiction, Holds Eleventh Circuit
In Del Valle v. Secretary of State, No. 19-14889 (11th Cir. Oct. 26, 2021), the panel in an issue of first impression for the circuit holds that the doctrine of consular nonreviewability – by which a federal court declines to consider a challenge to a consular official’s denial of a visa, Kleindienst v. Mandel, 408Continue reading “The Doctrine of Consular Nonreviewability Does Not Go to Subject-Matter Jurisdiction, Holds Eleventh Circuit”
Government’s Appeal of CDC’s Eviction Moratorium Is Dismissed on Its Own Motion but the District Court’s Order Remains in Effect, Fifth Circuit Holds
In Terkel v. Centers for Disease Control, No. 21-40137 (5th Cir. Oct. 19, 2021), a published per curiam order of the Fifth Circuit, the court dismisses the federal government’s appeal of an order enjoining a national eviction moratorium but notably leaves the lower court order in effect. Subject to certain exceptions, when a federal caseContinue reading “Government’s Appeal of CDC’s Eviction Moratorium Is Dismissed on Its Own Motion but the District Court’s Order Remains in Effect, Fifth Circuit Holds”
Foreign Defendants Have No Due Process Right to Personally Attend a Civil Forfeiture Hearing, Holds Eleventh Circuit
In USA v. Approximately $281,110.00, No. 20-11107 (11th Cir. Oct. 13, 2021), the Eleventh Circuit affirms a civil forfeiture verdict where the jury rejected an innocent-owner defense for Chinese nationals who were barred from entering the country for trial. “The main issue on appeal is whether foreign nationals have a constitutional right to enter theContinue reading “Foreign Defendants Have No Due Process Right to Personally Attend a Civil Forfeiture Hearing, Holds Eleventh Circuit”
Seventh Circuit Criticizes District Court’s Delay in Issuing Its Merits Opinion Months After Ordering Dismissal of the Case, Citing Fed. R. App. P. 4(a)(7)(A)(ii)
In The Association of American Physicians & Surgeons v. American Board of Medical Specialties, No. 20-3072 (7th Cir. Oct. 10., 2021), affirming dismissal of an antitrust complaint brought under § 1 of the Sherman Act, the Seventh Circuit criticizes the district court’s delay in issuing the final opinion—a practice that in other circumstances cold “risk[]Continue reading “Seventh Circuit Criticizes District Court’s Delay in Issuing Its Merits Opinion Months After Ordering Dismissal of the Case, Citing Fed. R. App. P. 4(a)(7)(A)(ii)”
Second Circuit Holds That Under Hanna v. Plumer, Federal Rather Than State Expert Witness Rules Apply in Diversity Tort Case
In Sarkees v. E. I. DuPont de Nemours and Co., No. 20-3170 (2d Cir. Oct. 6, 2021), the Second Circuit reverses summary judgment in negligence, strict products liability, and loss of consortium action on the ground that the district court erroneously excluded the plaintiff’s expert witness by applying state-law admissibility rules rather than the FederalContinue reading “Second Circuit Holds That Under Hanna v. Plumer, Federal Rather Than State Expert Witness Rules Apply in Diversity Tort Case”
Second Circuit Holds That States Have Standing to Challenge Cap on SALT Tax Deduction Because of Lost Local Tax Revenue
In New York v. Yellen, No. 19-3962 (2d Cir. Oct. 5, 2021), the Second Circuit holds that four states had standing to challenge the $10,000 cap on the federal income tax deduction for money paid in state and local taxes (SALT) because of the impact on local real estate sales and consequent lost tax revenue.Continue reading “Second Circuit Holds That States Have Standing to Challenge Cap on SALT Tax Deduction Because of Lost Local Tax Revenue”
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