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”

Deposition Testimony Is Not “A Pleading, Motion, Order or Other Paper” for Removal Purposes Under 28 U.S.C. § 1446(b)(3) Holds Ninth Circuit, Splitting with the Tenth Circuit

In Dietrich v. The Boeing Co., No. 19-56409 (9th Cir. Oct. 1, 2021), the Ninth Circuit aligns itself with other circuits in holding that the removal section 28 U.S.C. § 1446(b)(3) is triggered by the filing or service of “an amended pleading, motion, order or other paper” that discloses an “unequivocally clear and certain” basisContinue reading “Deposition Testimony Is Not “A Pleading, Motion, Order or Other Paper” for Removal Purposes Under 28 U.S.C. § 1446(b)(3) Holds Ninth Circuit, Splitting with the Tenth Circuit”

Properly Served Defendant Cannot Cure Its Failure to Timely Consent to a Removal Petition Under 28 U.S.C. § 1446(b) by Joining the Opposition to a Motion to Remand, Holds Second Circuit

In Taylor v. Medtronic, Inc., No. 20-742 (2d Cir. Sept. 30, 2021), the Second Circuit holds the defendants to the strict requirements 28 U.S.C. § 1446(b), holding that a defendant that erroneously believed it was not properly served could not retroactively consent to a removal petition after the statutory 30 days by joining the otherContinue reading “Properly Served Defendant Cannot Cure Its Failure to Timely Consent to a Removal Petition Under 28 U.S.C. § 1446(b) by Joining the Opposition to a Motion to Remand, Holds Second Circuit”

Second Circuit Rejects Attempt to Blow Up 16-Year-Old “Gag Order” Under Fed. R. Civ. P. 60(b)(4)

In SEC v. Romeril, No. 19-4197 (2d Cir. Sept. 27, 2021), the Second Circuit affirms a decision not to vacate a 2003 consent judgment between a corporate CFO and the Securities and Exchange Commission because the defendant “does not allege a defect that would permit relief under Rule 60(b)(4).” Rule 60(b)(4) authorizes courts to “relieveContinue reading “Second Circuit Rejects Attempt to Blow Up 16-Year-Old “Gag Order” Under Fed. R. Civ. P. 60(b)(4)”

Ninth Circuit Vacates Preliminary Injunction Ordering Los Angeles to House All Local Homeless, Faulting the Lower Court for “Impermissibly Resort[ing] to Independent Research and Extra-Record Evidence.”

In LA Alliance for Human Rights v. County of Los Angeles, No. 21-55395 (9th Cir. Sept. 23, 2021), the panel eviscerated a preliminary injunction won by a group of homeless advocates, holding that the district court made findings based on its own research, based on claims not raised by the plaintiffs. “Nearly one in fourContinue reading “Ninth Circuit Vacates Preliminary Injunction Ordering Los Angeles to House All Local Homeless, Faulting the Lower Court for “Impermissibly Resort[ing] to Independent Research and Extra-Record Evidence.””

Website Has Standing but Fails to Overcome State Secret Doctrine in Challenge to NSA “Upstream” Surveillance Program, Holds Splintered Fourth Circuit Panel

In Wikimedia Foundation v. NSA, No. 20-1191 (4th Cir. Sept. 16, 2021), a three-way split panel holds 2-1 that Wikimedia has Article III standing to challenge National Security Agency’s (NSA) domestic surveillance of transmission lines, but a different 2-1 majority holds that the case fails because of the “state secret doctrine.” The Fourth Circuit hadContinue reading “Website Has Standing but Fails to Overcome State Secret Doctrine in Challenge to NSA “Upstream” Surveillance Program, Holds Splintered Fourth Circuit Panel”

Must the Government Prove That an “Enterprise” Presently Exists as the Object of a RICO Conspiracy? A Split Sixth Circuit Panel Enters the Fray in Biker Gang Prosecution.

In United States v. Rich, No. 18-2268 (6th Cir. Sept. 13, 2021), the Sixth Circuit enters the circuit split about whether, in a Racketeer Influenced and Corrupt Organization Act (RICO) prosecution, the government is required “to prove the existence of the enterprise, or whether an agreement to create a racketeering enterprise suffices.” The majority holdsContinue reading “Must the Government Prove That an “Enterprise” Presently Exists as the Object of a RICO Conspiracy? A Split Sixth Circuit Panel Enters the Fray in Biker Gang Prosecution.”