Expert Testimony Not Necessary to Prove Existence of Office’s E-Mail Storage, Holds Ninth Circuit

In Clare v. Clare, No. 19-36039 (9th Cir. Dec. 8, 2020), a case concerning a husband’s intrusion into his wife’s work e-mail, the Ninth Circuit reverses exclusion of a declaration about how the office stored data. Andrea Clare sued Kevin Clare under the federal Stored Communications Act (SCA) 18 U.S.C. § 2701 et seq., forContinue reading “Expert Testimony Not Necessary to Prove Existence of Office’s E-Mail Storage, Holds Ninth Circuit”

Plaintiffs Run Out 150-Day Fail Safe Limit Under Fed. R. Civ. P. 58(c) to Appeal From MDL, Holds Seventh Circuit

In Bell v. Albertson Cos., Inc., No. 19-2581 (7th Cir. Dec. 7, 2020), a two-judge panel of the Seventh Circuit (after Judge Barrett’s elevation to the Supreme Court) reverses the district court’s dismissal of unfair business practice claims, but holds that two of the appeals are time-barred under Fed. R. Civ. P 58(c) and Fed.Continue reading “Plaintiffs Run Out 150-Day Fail Safe Limit Under Fed. R. Civ. P. 58(c) to Appeal From MDL, Holds Seventh Circuit”

“Pop Secret” Lawsuit Fails to Fluff, When Ninth Circuit Finds No Article III Standing

In McGee v. Diamond Foods, Inc., No. 17-55577 (9th Cir. Dec. 4, 2020), the Ninth Circuit affirms dismissal of a lawsuit against a snack food company alleging adulteration with an unhealthy ingredient, finding no Article III injury in fact. “McGee contends that Diamond engaged in unfair practices, created a nuisance, and breached the warranty ofContinue reading ““Pop Secret” Lawsuit Fails to Fluff, When Ninth Circuit Finds No Article III Standing”

Misdemeanor Trial for On-Board Assault Properly Venued in District Where Plane Landed, Holds En Banc Ninth Circuit

In United States v. Lozoya, No. 17-50336 (9th Cir. Dec. 3, 2020), the Ninth Circuit holds 8-3 that the prosecution of an on-board misdemeanor is venued, under 18 U.S.C. § 3237(a), in the district where the plane lands and not the flyover district where the crime occurred. During a Minneapolis-to-Los Angeles flight, defendant Lozoya “wantedContinue reading “Misdemeanor Trial for On-Board Assault Properly Venued in District Where Plane Landed, Holds En Banc Ninth Circuit”

County Clerk in New York Lacked Standing to Challenge State’s Driver’s License Access and Privacy Act on Preemption Grounds, Holds Second Circuit

In Kearns v. Cuomo, No. 19-3769 (2d Cir. Nov. 30, 2020), the Second Circuit holds that a county clerk failed to allege an Article III injury in a case that claimed a conflict between the demands of the federal Immigration and Nationality Act and a state law that restricts disclosure of data gathered from driver’sContinue reading “County Clerk in New York Lacked Standing to Challenge State’s Driver’s License Access and Privacy Act on Preemption Grounds, Holds Second Circuit”

Split Seventh Circuit Panel Upholds Fed. R. Civ. P. 60(b) Order of New Trial That Lifted $80,000 Civil-Rights Verdict to $22 Million

In Fields v. City of Chicago, No 17-3079 (7th Cir. Nov. 20, 2020), a split panel holds that the district court did not abuse its discretion by reopening a case under Rule 60(b) based on new evidence, and holding a retrial resulting in a massively larger judgment: from $80,000 to $22 million. Plaintiff Fields wasContinue reading “Split Seventh Circuit Panel Upholds Fed. R. Civ. P. 60(b) Order of New Trial That Lifted $80,000 Civil-Rights Verdict to $22 Million”

Split Fourth Circuit Panel Holds That District Court Did Not Err by Admitting Evidence of Parent Companies’ Net Worth in Liability Phase of Nuisance Trial

In McKiver v. Murphy-Brown, LLC,  No. 19-1019 (4th Cir. Nov. 19, 2020) – a closely-watched case against an industrial hog farm for common-law nuisance – a split panel affirms liability, though it remands the punitive damage award for redetermination. In addition to deciding Daubert challenges to the experts and other issues (not otherwise addressed here),Continue reading “Split Fourth Circuit Panel Holds That District Court Did Not Err by Admitting Evidence of Parent Companies’ Net Worth in Liability Phase of Nuisance Trial”

Sixth Circuit Affirms Denial of Recusal Motion, But “With Some Concerns” About Judge’s Ex Parte Letter to Attorney

In Alemarah v. General Motors, LLC, No. 20-1346 (6th Cir. Nov. 18, 2020) (per curiam), the panel affirms summary judgment in an employment discrimination case, but pauses over the district court judge’s “out of the ordinary” ex parte letter to one of the lawyers. The judge’s letter was prompted by the lawyer’s reticence about stagingContinue reading “Sixth Circuit Affirms Denial of Recusal Motion, But “With Some Concerns” About Judge’s Ex Parte Letter to Attorney”

Defendant Did Not Forfeit Affirmative Defenses by Failing to Answer Second Amended Complaint, Holds Ninth Circuit

In KST Data, Inc. V. Enterprise Servs. LLC, No. 19-55422 (9th Cir. Nov. 17, 2020), the Ninth Circuit holds that the district court erred in granting summary judgment sua sponte in a contact case when it denied the defendant the opportunity to argue its affirmative defenses. “Defendant Enterprise Services, LLC (‘ES’) entered into a contractContinue reading “Defendant Did Not Forfeit Affirmative Defenses by Failing to Answer Second Amended Complaint, Holds Ninth Circuit”

Fifth Circuit Denies “Exceptional” Request for Intervention into an Appeal

In Richardson v. Texas Sec’y of State, No. 20-50774 (5th Cir. Nov. 12, 2020), the court addresses the motion of three voters who sought and failed to intervene into a voting-rights case in the district court, then sought to intervene into the appeal. The three voters moved in the district court under Fed. R. Civ.Continue reading “Fifth Circuit Denies “Exceptional” Request for Intervention into an Appeal”