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”
Author Archives: pwmollica1961
Fifth Circuit Panel Issues Scheduling Order with Concurrence Imploring Transferee District Court in New Jersey to Return a Case to Texas
In Defense Distributed v. Platkin, No. 22-50669 (5th Cir. Sept. 16, 2022), two concurring judges in a per curiam scheduling order issue an unusual plea to a district court judge in another circuit to return a case to Texas as an “act of inter-district comity, mutual respect, and courtesy.” The case involves a company thatContinue reading “Fifth Circuit Panel Issues Scheduling Order with Concurrence Imploring Transferee District Court in New Jersey to Return a Case to Texas”
District Court Order Denying Dismissal of an Action Based on the “Church Autonomy Doctrine” Not Subject to Appellate Review Under Collateral Order Doctrine, Holds Second Circuit
In Belya v. Kapral, No.21-1498 (2d Cir. Sept. 16, 2022), the Second Circuit holds that it has no appellate jurisdiction over interlocutory orders allowing a defamation action to go forward despite the invocation of the “church autonomy doctrine.” Plaintiff “Belya sued defendants-appellants — individuals and entities affiliated with the Russian Orthodox Church Outside Russia (‘ROCOR’Continue reading “District Court Order Denying Dismissal of an Action Based on the “Church Autonomy Doctrine” Not Subject to Appellate Review Under Collateral Order Doctrine, Holds Second Circuit”
Fed. R. App. P. 43 Places Duty on Appellant to Identify Party to Substitute for Deceased Appellee, Holds Third Circuit
In Aldossari v. Ripp, No. 21-2080 (3d Cir. Sept. 13, 2022), the Third Circuit – addressing a split in the circuits – holds that it must dismiss an appeal brought against a deceased appellee under Fed. R. App. P. 43 where the appellant has failed to identify a substitute party. The case concerned a failedContinue reading “Fed. R. App. P. 43 Places Duty on Appellant to Identify Party to Substitute for Deceased Appellee, Holds Third Circuit”
Eleventh Circuit Holds That District Court Erred in Excluding Evidence of Colombian Prosecution Documents in Torture Victim Protection Act Case
In Does 1 Through 976 v. Chiquita Brands Int’l, Inc., No. 19-13926 (11th Cir. Sept. 6, 2022), the Eleventh Circuit substantially reverses summary judgment in a dozen bellwether cases against Chiquita Brands International, Inc. and a host of other defendants brought under the Torture Victim Protection Act, 28 U.S.C. § 1350 note, and Colombian law. InContinue reading “Eleventh Circuit Holds That District Court Erred in Excluding Evidence of Colombian Prosecution Documents in Torture Victim Protection Act Case”
Federal Judge Subject to In-Court Death Threat by Criminal Defendant Not Required to Recuse Himself from Sentencing, Holds Split Seventh Circuit Panel
In United States v. Walsh, No. 21-1220 (7th Cir. Aug. 24, 2022), a 2-1 panel holds that a federal district court did not abuse its discretion in denying recusal from sentencing a criminal defendant who made a direct and credible death threat against the judge, his family, and court employees in court. “At 71 yearsContinue reading “Federal Judge Subject to In-Court Death Threat by Criminal Defendant Not Required to Recuse Himself from Sentencing, Holds Split Seventh Circuit Panel”
Seventh Circuit Affirms Dismissal of RICO Lawsuit Because It Would Require Intrusion on the “Motives of Individual State Legislators” in Passing a Utility Rate Hike, Citing the Rule of Fletcher v. Peck
In South Branch LLC v. Commonwealth Edison Co., No. 21-2861 (7th Cir. Aug. 22, 2022), a potentially massive Racketeer Influenced and Corrupt Organizations Act (RICO) civil case challenging corrupt influence in the Illinois General Assembly, ends at the pleading stage. The panel cites both the “filed rate doctrine” that precludes judicial review of utility ratesContinue reading “Seventh Circuit Affirms Dismissal of RICO Lawsuit Because It Would Require Intrusion on the “Motives of Individual State Legislators” in Passing a Utility Rate Hike, Citing the Rule of Fletcher v. Peck”
En Banc Fourth Circuit Clarifies That Order of Dismissal Without Prejudice but No Leave to Amend Is Appealable “Final Order” Under 28 U.S.C. § 1291
In Britt v. DeJoy, No. 20-1620 (4th Cir. Aug. 17, 2022), the unanimous en banc Fourth Circuit abandons a case-by-case approach to finality under 28 U.S.C. § 1291 and adopts a bright-line rule that “[w]hen a district court dismisses a complaint or all claims without granting leave to amend, its order is final and appealable.”Continue reading “En Banc Fourth Circuit Clarifies That Order of Dismissal Without Prejudice but No Leave to Amend Is Appealable “Final Order” Under 28 U.S.C. § 1291”
En Banc Fifth Circuit Reaffirms Fourteenth Amendment Limits on Fifth Amendment Personal Jurisdiction Over a Foreign Defendant, Rejecting Bid to Overrule Prior Decisional Law on This Issue
In Douglass v. Nippon Yusen Kabushiki Kaisha, No. 20-30379 (5th Cir. Aug. 16, 2022) (en banc), the Fifth Circuit holds 12-5 that the Fourteenth Amendment due process standards for personal jurisdiction over foreign defendants applies equally to the Fifth Amendment due process clause. A prior panel decision had agreed, see May 3, 2021 blog, butContinue reading “En Banc Fifth Circuit Reaffirms Fourteenth Amendment Limits on Fifth Amendment Personal Jurisdiction Over a Foreign Defendant, Rejecting Bid to Overrule Prior Decisional Law on This Issue”
Unquantified Nominal Damage Award Rendered Judgment Non-Final, Holds Eighth Circuit
In Perficient, Inc. v. Munley, No. 21-2121 (8th Cir. Aug. 9, 2022), the Eighth Circuit was compelled to dismiss an appeal of a summary judgment decision for the plaintiff because the judge left the nominal damage award unfinished. “Perficient moved for summary judgment against its former employee Munley and Munley’s new employer Spaulding Ridge inContinue reading “Unquantified Nominal Damage Award Rendered Judgment Non-Final, Holds Eighth Circuit”
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