In Bailey v. Worthington Cylinder Corp., No. 22-2111 (7th Cir. Jan. 22, 2024), the Seventh Circuit dismisses an out-of-state lawyer’s appeal of a lower order revoking his pro hac vice admission, holding that his reputational interest alone does not present a redressable interest to support Article III standing. Appellant counsel “is an attorney licensed toContinue reading “Seventh Circuit Holds That Lawyer Has No Article III Standing to Appeal Court Order Revoking His Pro Hac Vice Admission Where Case Below Is Settled and Dismissed with Prejudice”
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Seventh Circuit Holds That It Is Not Always Appropriate, in Making an Erie Prediction of a State’s Highest Court, for a Federal Court to Avoid Expansion of State Law
In Green Plains Trade Group, LLC v. Archer Daniels Midland Co., No. 23-1185 (7th Cir. Jan. 12, 2024), the Seventh Circuit vacates and remands a judgment dismissing a complaint in a diversity tortious-interference case, holding that the district court was possibly too cautious in its prediction of Nebraska law. Plaintiff “Green Plains based its claimContinue reading “Seventh Circuit Holds That It Is Not Always Appropriate, in Making an Erie Prediction of a State’s Highest Court, for a Federal Court to Avoid Expansion of State Law”
D.C. Circuit Holds That Party May Appeal Denial of Motion to Seal Exhibits with “Private Medical Treatments and Diagnoses” Under Collateral Order Doctrine
In Abdelhady v. George Washington Univ., No. 22-7148 (D.C. Cir. Jan. 9, 2024), the D.C. Circuit holds that a party may immediately appeal the denial of a motion to seal summary judgment exhibits containing “private medical treatments and diagnoses” under the collateral order doctrine. Plaintiff brought a personal injury case against the university. “In theContinue reading “D.C. Circuit Holds That Party May Appeal Denial of Motion to Seal Exhibits with “Private Medical Treatments and Diagnoses” Under Collateral Order Doctrine”
Potential Jurors Who Were Not Vaccinated for COVID-19 Do Not Constitute A “Distinctive Group” for Sixth Amendment Purposes, Holds Sixth Circuit
In United States v. O’Lear, No. 22-3835 (6th Cir. Jan. 8, 2024), the Sixth Circuit holds that a criminal defendant was not deprived of a representative jury under the Sixth Amendment when the district court excluded panel members who had not been vaccinated against COVID-19, though that panel adds an important qualifier. Defendant O’Lear, whoContinue reading “Potential Jurors Who Were Not Vaccinated for COVID-19 Do Not Constitute A “Distinctive Group” for Sixth Amendment Purposes, Holds Sixth Circuit”
Eighth Circuit Holds That Hospital’s Creation of Online Patient Portal Did Not Bring State-Law Privacy Claim Within the Federal Officer Removal Statute, 28 U.S.C. § 1442(a)(1)
In Doe v. BJC Health Sys., No. 23-1107 (8th Cir. Dec. 28, 2023), the Eighth Circuit – rejecting the persuasive authority of two district court opinions – holds that a hospital’s adoption of a online patient portal under the 2009 Health Information Technology for Economic and Clinical Health (HITECH) Act did not bring a state-lawContinue reading “Eighth Circuit Holds That Hospital’s Creation of Online Patient Portal Did Not Bring State-Law Privacy Claim Within the Federal Officer Removal Statute, 28 U.S.C. § 1442(a)(1)”
Second Circuit Adds to Split About Whether There is Appellate Jurisdiction Over Qualified Immunity Orders That Are Not Decided on the Merits
In Maye v. City of New Haven, No. 23-459 (2d Cir. Dec. 26, 2023), The Second Circuit joins the Fifth Circuit in holding that there is no appellate jurisdiction over the denial of summary judgment on a qualified immunity defense that is denied for reasons extrinsic to the merits. The First and Eleventh Circuits haveContinue reading “Second Circuit Adds to Split About Whether There is Appellate Jurisdiction Over Qualified Immunity Orders That Are Not Decided on the Merits”
After the Parties Settle All Claims, An Appeal From the Final Judgment Is Moot, Holds Eighth Circuit
In Folta v. Norfork Brewing Co., No. 22-3518 (8th Cir. Dec. 22, 2023), the Eighth Circuit dismisses an appeal from a case where all the claims settled, despite the defendant’s argument that it reserved the right to appeal in the settlement. “Norfork operates a small brewery in Arkansas. Folta was employed there from approximately MayContinue reading “After the Parties Settle All Claims, An Appeal From the Final Judgment Is Moot, Holds Eighth Circuit”
Split Ninth Circuit Panel Holds That It Is an Abuse of Discretion to Deny Voluntary Dismissal Without Prejudice Under Fed. R. Civ. P. 41(a)(2) Unless the Defendant Can Prove Legal Prejudice
In Kamal v. Eden Creamery, LLC, No. 21-56260 (9th Cir. Dec. 21, 2023), the panel holds that voluntary dismissal must, as a matter of course, be granted without prejudice under Fed. R. Civ. P. 41(a)(2) unless the defendant can establish that it would suffer legal prejudice, meaning “prejudice to some legal interest, some legal claim,Continue reading “Split Ninth Circuit Panel Holds That It Is an Abuse of Discretion to Deny Voluntary Dismissal Without Prejudice Under Fed. R. Civ. P. 41(a)(2) Unless the Defendant Can Prove Legal Prejudice”
Unanimous En Banc Second Circuit Holds That Female High-School Athletes Have Article III Standing to Challenge Inclusion of Transgender Girls in Competition Under Title IX, But Fracture Over How Such a Claim May Be Redressable
In Soule ex rel. Stanescu v. Connecticut Assoc. of Schools, Inc., No. 21-1365 (2d Cir. Dec. 15, 2023) (en banc), a rare full-court opinion by the Second Circuit, fifteen judges (thirteen active and two senior) concur that there is Article III standing for four female high-school athletes who alleged they are aggrieved by competition withContinue reading “Unanimous En Banc Second Circuit Holds That Female High-School Athletes Have Article III Standing to Challenge Inclusion of Transgender Girls in Competition Under Title IX, But Fracture Over How Such a Claim May Be Redressable”
Claim of Absolute Presidential Immunity Is Non-Jurisdictional and Waivable, Holds Second Circuit
In Carroll v. Trump, No. 23-1045(L) (2d Cir. Dec. 13, 2023), the Second Circuit holds, in “a vexing question of first impression,” that absolute presidential immunity from suit is not jurisdictional, and – in this case – was waived when the former president failed to allege it as an affirmative defense in his answer. InContinue reading “Claim of Absolute Presidential Immunity Is Non-Jurisdictional and Waivable, Holds Second Circuit”
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