Category Archives: Uncategorized

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”

Second Circuit Sanctions Attorney Under Rule 11 for Misuse of ChatGPT in Authoring a Reply Brief

In what I believe is a first in a reported federal court of appeals decision, the Second Circuit in Park v. Kim, No. 22-2057 (2d Cir. Jan. 30, 2024) (per curiam) issues sanctions against an appellate lawyer who used ChatGPT to write a reply brief and thereby cited nonexistent case law. The underlying appeal concernedContinue reading “Second Circuit Sanctions Attorney Under Rule 11 for Misuse of ChatGPT in Authoring a Reply Brief”

Dismissal of Party for Improper Joinder Under Fed. R. Civ. P. 21 Does Not Toll Limitations for Federal Claims, Holds Ninth Circuit

In Holt v. Cnty. of Orange, No. 22-55806 (9th Cir. Jan 26, 2024), the Ninth Circuit joins other circuits in holding that, notwithstanding 28 U.S.C. § 1367(d), dismissal of a party for improper joinder does not toll statute of limitations for the period that the party’s federal-law claims were pending before dismissal. Plaintiff “Holt andContinue reading “Dismissal of Party for Improper Joinder Under Fed. R. Civ. P. 21 Does Not Toll Limitations for Federal Claims, Holds Ninth Circuit”

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

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”