In Tanner-Brown v. Haaland, No. 22-5302 (D.C. Cir. June 25, 2024), the D.C. Circuit reverses dismissal on Article III standing grounds of an action against the U.S. Department of Interior for an accounting, based on an argument only first raised by plaintiff after dismissal in a Fed. R. Civ. P. 59(e) motion to reconsider. “AppellantContinue reading “Never Say Die: D.C. Circuit Holds That Plaintiff Preserved Standing Argument by Raising It for the First Time in a Fed. R. Civ. P. 59(e) Motion After District Court’s Dismissal”
Category Archives: Uncategorized
District Court Judge Who Turned Jury Trial Over to a Magistrate to Catch His Flight Voided the Verdict, Holds Eleventh Circuit
In TB Foods USA, LLC v. American Mariculture, Inc., No. 22-12936 (11th Cir. June 18, 2024), the Eleventh Circuit holds that even when the parties agree to a substitution of a magistrate judge to receive the verdict at the end of a jury trial, they do not necessarily consent to the magistrate performing Article IIIContinue reading “District Court Judge Who Turned Jury Trial Over to a Magistrate to Catch His Flight Voided the Verdict, Holds Eleventh Circuit”
Seventh Circuit Questions Standard of Review for Orders Declining to Exercise Ancillary Enforcement Jurisdiction
In Continental Indem. Co. v. BII, Inc., N. 23-1648 (7th Cir. June 12, 2024), the Seventh Circuit affirms dismissal of an action filed under Fed. R. Civ. P. 69 by an insurer against an alleged garnishee, holding that it fell outside the court’s ancillary enforcement jurisdiction. The panel, though, reserves for future consideration whether theContinue reading “Seventh Circuit Questions Standard of Review for Orders Declining to Exercise Ancillary Enforcement Jurisdiction”
D.C. Circuit Vacates “Sledgehammer” Pre-Filing Injunction Against Frequent Filer That Applied to Every Court in the Nation
In Klayman v. Porter, No. 22-7123 (D.C. Cir. June 11, 2024), the D.C. Circuit strikes down the sanction of “restricting [plaintiff]’s ability to file any related actions or claims for relief in any forum, state or federal,” citing prudential and constitutional limits to federal equitable power. “In recent years, the District of Columbia Bar’s OfficeContinue reading “D.C. Circuit Vacates “Sledgehammer” Pre-Filing Injunction Against Frequent Filer That Applied to Every Court in the Nation”
Seventh Circuit Takes Time Out to Berate Bernhard Modern Font
In Asimah v. CBL & Assoc. Mgt, Inc., No. 23-2495 (7th Cir. June 3, 2024), a decision otherwise dismissing a case based on a defect in the notice of appeal, the Seventh Circuit devotes a couple of pages to typography. “We are publishing this opinion . . . to urge all lawyers to read andContinue reading “Seventh Circuit Takes Time Out to Berate Bernhard Modern Font”
Sixth Circuit Finds Fed. R. Civ. P. 54(b) Certification Improper Where Wrongful Death Claim on Appeal Arose from Same Facts as Negligence and Other Causes of Action
In Sherrod v. Wal-Mart Stores, Inc., No. 21-3428 (6th Cir. May 29, 2024), the Sixth Circuit dismisses an appeal of a wrongful death claim against Wal-Mart—presenting truly bizarre facts—where the panel finds that it should not have been certified for appeal under Rule 54(b) because it was too interrelated with unadjudicated causes of action forContinue reading “Sixth Circuit Finds Fed. R. Civ. P. 54(b) Certification Improper Where Wrongful Death Claim on Appeal Arose from Same Facts as Negligence and Other Causes of Action”
Ninth Circuit Holds That It Had Jurisdiction Under Collateral-Order Doctrine to Review Sanction Against U.S. Attorney
In United States v. Cloud, No. 22-30044 (9th Cir. May 21, 2024), the Ninth Circuit holds that even before entry of a conviction against the criminal defendant, the United States could appeal a district court order, under the collateral-order, directing the Government to pay monetary sanctions for an alleged Brady violation. Mid-trial during a homicideContinue reading “Ninth Circuit Holds That It Had Jurisdiction Under Collateral-Order Doctrine to Review Sanction Against U.S. Attorney”
Party Waived Argument By Not Citing the Correct Circuit Authority in the District Court, Holds Split Eighth Circuit Panel
In Meinen v. Bi-State Development Agency, No. 231242 (8th Cir. May 16, 2024), a 2-1 Eighth Circuit panel held that the party’s failure to cite a favorable Eighth Circuit case in the district court thereby forfeited an legal argument based on that case. The dissent notes that this holding creates a split in the circuits.Continue reading “Party Waived Argument By Not Citing the Correct Circuit Authority in the District Court, Holds Split Eighth Circuit Panel”
Session Replay Code Embedded in Retail Website Did Not Constitute “Purposeful Availment” of State Where Customer Was Located, Holds First Circuit
In Rosenthal v. Bloomingdales.com, LLC, No. 23-1683 (1st Cir. May 9, 2024), a First Circuit panel holds that the inclusion of a session replay provider (SRP) on a commercial website hosted out of state, which allegedly permitted surveillance of customers, did not create grounds for specific personal jurisdiction against the store in the state whereContinue reading “Session Replay Code Embedded in Retail Website Did Not Constitute “Purposeful Availment” of State Where Customer Was Located, Holds First Circuit”
County Cop’s Hot Pursuit of Suspect Across State Line Was “Purposeful Availment” for Personal Jurisdiction Purposes, Holds Eighth Circuit
In a terse five-page opinion, an Eighth Circuit panel in Wade v. Pottawattamie Cnty. No. 23-1059 (8th Cir. May 7, 2024), reverses a decision that dismissed, on personal jurisdiction grounds, a lawsuit against an Iowa county in a personal injury case involving a deputy crossing state lines. “The unfortunate chain of events began when aContinue reading “County Cop’s Hot Pursuit of Suspect Across State Line Was “Purposeful Availment” for Personal Jurisdiction Purposes, Holds Eighth Circuit”
Paul Mollica's Federal Courts Blog 