In United States v. Perez-Garcia, No. 22-50314 (9th Cir. Mar. 18, 2024), the Ninth Circuit holds that once it has already announced a decision, any arguments thereafter regarding mootness are discretionary rather than jurisdictional, subject to “equitable and pragmatic considerations.” During a criminal proceeding below, two defendants – as a condition of pretrial release –Continue reading “Ninth Circuit Holds That Mootness is Discretionary, Rather Than Jurisdictional, Doctrine After the Court of Appeals Has Rendered Its Decision”
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Second Circuit Holds That a District Court Has No Duty to Consider a Belated Argument in Support of Subject-Matter Jurisdiction
In Behrens v. JPMorgan Chase Bank, N.A., No. 21-2603 (2d Cir. Mar. 13, 2024), the Second Circuit publishes an opinion “to consider a question of first impression in this Circuit: whether the existence of subject-matter jurisdiction requires a district court to exercise it, even if it is invoked belatedly—on analogy to the rule that aContinue reading “Second Circuit Holds That a District Court Has No Duty to Consider a Belated Argument in Support of Subject-Matter Jurisdiction”
Split Second Circuit Panel Holds That an Organization Must Identify At Least One Affected Member by Name to Qualify for Article III Associational Standing
In Do No Harm v. Pfizer, Inc., No. 23-15_(2d Cir. Mar. 6, 2024), a 2-1 panel of the Second Circuit holds that “an association must identify by name at least one injured member for purposes of establishing Article III standing under a summary judgment standard.” “Do No Harm, a nationwide membership organization, filed suit againstContinue reading “Split Second Circuit Panel Holds That an Organization Must Identify At Least One Affected Member by Name to Qualify for Article III Associational Standing”
Lawsuit to Unseal Court Records Fails Because No Defendant Was Named, Holds Eighth Circuit
In Reporters Committee for Freedom of the Press v. United States of America, No. 22-3326 (8th Cir. Mar. 1, 2024), the Eighth Circuit affirms dismissal of an action for lack of jurisdiction on the ground that there was no “adversity” between the parties, owing to the supposed failure of plaintiff to name a defendant inContinue reading “Lawsuit to Unseal Court Records Fails Because No Defendant Was Named, Holds Eighth Circuit”
Seventh Circuit Holds That Even a Brief Interruption of Self-Employment Can Be An Injury For Article III Purposes, But It Must Be Proven Factually
In Brown v. CACH, Inc., No. 23-1308 (7th Cir. Feb. 29, 2024), the Seventh Circuit observes that a self-employed person may argue, as an Article III injury, that they were interrupted from remunerative work – even briefly – but that the injury must be proven, not assumed. In response to a call at home aboutContinue reading “Seventh Circuit Holds That Even a Brief Interruption of Self-Employment Can Be An Injury For Article III Purposes, But It Must Be Proven Factually”
Appeal Became Moot While Counsel Sought Multiple Briefing Extensions, Holds Sixth Circuit
In Marketing Displays Int’l v. Shaw, No. 23-1028 (6th Cir. Feb. 22, 2024), the Sixth Circuit dryly notes that counsel who were appealing a preliminary injunction allowed it to become moot, in part because they obtained multiple extensions on their briefing schedule. “In life, sometimes it’s better to show up late than not at all.Continue reading “Appeal Became Moot While Counsel Sought Multiple Briefing Extensions, Holds Sixth Circuit”
Full Fifth Circuit Splits Over Whether to Mandamus District Court to Suspend Trial Schedule in Rio Grande Floating Barrier Case While It Is Pending En Banc
In United States v. State of Texas, No. 23-50632 (5th Cir. Feb. 13, 2024), the Fifth Circuit – which voted to rehear the USA case to block Texas from erecting a floating barrier with Mexico – denies a stay of trial proceedings in the district court while the case is pending on appeal en banc;Continue reading “Full Fifth Circuit Splits Over Whether to Mandamus District Court to Suspend Trial Schedule in Rio Grande Floating Barrier Case While It Is Pending En Banc”
Ninth Circuit Splits with Second Circuit About Which Federal Rule to Follow for Service of Notice of Application to Confirm Foreign Arbitral Award Under the Federal Arbitration Act When FAA § 9 Does Not Apply
In Voltage Pictures,LLC v. Gussi S.A. de C.V., No. 23-55123 (9th Cir. Feb. 5, 2023), the Ninth Circuit holds that when the Federal Arbitration Act (FAA) § 9’s nonresident service provision does not apply to service of notice of an application to confirm a foreign arbitral award – because the adverse party is not subjectContinue reading “Ninth Circuit Splits with Second Circuit About Which Federal Rule to Follow for Service of Notice of Application to Confirm Foreign Arbitral Award Under the Federal Arbitration Act When FAA § 9 Does Not Apply”
Eleventh Circuit Tosses Jury Verdict Where District Court Failed to Investigate Familial Relationship Between Juror and Defendant That Was Uncovered During Trial
In Fylling v. Royal Caribbean Cruises, Ltd., No. 21-13612 (11th Cir. Feb. 1, 2024), the Eleventh Circuit holds that the district court abused its discretion by allowing a juror whose niece worked for the defendant continue to sit on a jury, without at least engaging in some inquiry about whether the family relationship might impairContinue reading “Eleventh Circuit Tosses Jury Verdict Where District Court Failed to Investigate Familial Relationship Between Juror and Defendant That Was Uncovered During Trial”
Tenth Circuit Grants Sua Sponte, Initial En Banc Hearing in Direct Federal Criminal Appeal, Prompting A “Dissental” by Two Judges
In an order published today, United States v. Hohn, No. 22-3009 (10th Cir. Jan. 31, 2024), a majority of the active judges of the Tenth Circuit order an en banc initial hearing in a direct federal criminal appeal, raising the prospect of overruling a 1995 panel decision. Two judges, in a separate opinion, express concernContinue reading “Tenth Circuit Grants Sua Sponte, Initial En Banc Hearing in Direct Federal Criminal Appeal, Prompting A “Dissental” by Two Judges”
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