Previously, this blog reported on a complex 28 U.S.C. §1332(a)(2) issue of whether a Chinese enterprise was properly held to be a partnership, corporation, or foreign state for diversity purposes (see January 31, 2023 post) decided by the Seventh Circuit. This Seventh Circuit case, Sunny Handicraft (H.K.) Ltd. v. Envision This! LLC, No. 21-1579 (7thContinue reading “Seventh Circuit Once Again Tangles with Whether a Chinese-Based Company Is a Corporation or a Limited Liability Company for Purposes of Alien-Citizen Diversity Jurisdiction”
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Fifth Circuit Panel Divides Over Issuance of a Foreign Anti-Suit Injunction in Jones Act Case, Noting the Circuit’s “Permissive” Approach Favoring Such Relief
In Ganpat v. Eastern Pacific Shipping PTE, No. 22-30168 (5th Cir. Apr. 28, 2023), the Fifth Circuit divides over whether the district court abused its discretion in issuing an anti-suit injunction to bar litigation of a sailor’s personal injury action in India. “Kholkar Vishveshwar Ganpat, a citizen of India, worked as a crew member onContinue reading “Fifth Circuit Panel Divides Over Issuance of a Foreign Anti-Suit Injunction in Jones Act Case, Noting the Circuit’s “Permissive” Approach Favoring Such Relief”
Sixth Circuit Rejects “Juridical Link” Doctrine to Extend Class Standing to Defendant Who Did Not Injure the Named Plaintiff, Splitting with Seventh Circuit
In Fox v. Saginaw Cnty., Mich., No. 11-1265 (6th Cir. Apr. 28, 2023), the Sixth Circuit holds that even in a putative Fed. R. Civ. P. 23 class action, a representative plaintiff only has standing to sue the entities that injured them. It rejects the “juridical link” doctrine adopted by the Seventh Circuit in PaytonContinue reading “Sixth Circuit Rejects “Juridical Link” Doctrine to Extend Class Standing to Defendant Who Did Not Injure the Named Plaintiff, Splitting with Seventh Circuit”
Second Circuit Agrees with Ninth Circuit That Court Can Bypass Article III Standing Issue to Address Issue Preclusion As Alternative Basis for Dismissing Case
In Phoenix Light SF Ltd. v. Bank of N.Y. Mellon, No. 22-239 (2d Cir. Apr. 26, 2023), the Second Circuit holds that it does not need to reach a complex Article III standing issue when the case could be decided on a straightforward issue of issue preclusion. “[W]e join the Ninth Circuit in concluding thatContinue reading “Second Circuit Agrees with Ninth Circuit That Court Can Bypass Article III Standing Issue to Address Issue Preclusion As Alternative Basis for Dismissing Case”
Eleventh Circuit Holds That Competitive Injury Must Be Proved, Not Presumed, to Establish Injury-In-Fact for Article III Standing at Summary Judgment Stage
In TocMail Inc. v. Microsoft Corp., No. 22-10223 (11th Cir. Apr. 25, 2023) (per curiam), the Eleventh Circuit dismisses an appeal by a cybersecurity company suing Microsoft for false advertising under the Lanham Act, holding that at the summary judgment stage it failed to establish any grounds for proving lost profits or any other cognizableContinue reading “Eleventh Circuit Holds That Competitive Injury Must Be Proved, Not Presumed, to Establish Injury-In-Fact for Article III Standing at Summary Judgment Stage”
Eleventh Circuit Holds That Non-Party Lacked Appellate Standing to Challenge Immunity Order Where He Did Not Participate in the Action Below
In Kimberly Regenesis, LLC v. Lee County, No 21-13880 (11th Cir. Apr. 10, 2023) (per curiam), the Eleventh Circuit dismisses the appeal of a county and a country commissioner of an order denying absolute quasi-judicial immunity from sitting for a deposition, holding that the commissioner forfeited the right to appeal by neither opposing the depositionContinue reading “Eleventh Circuit Holds That Non-Party Lacked Appellate Standing to Challenge Immunity Order Where He Did Not Participate in the Action Below”
Two Concurring Eleventh Circuit Judges Question the Wisdom of a Federal Court of Appeals Issuing “Alternative Holdings” to Support a Decision
In United States v. Files, No. 21-12859 (11th Cir. Mar. 24, 2023) — an appeal of denial of relief to a prisoner under the First Step Act, Pub. L. No. 115-391, § 404, 132 Stat. 5194, 5222 (2018) — two of the panelists append a short concurrence questioning the wisdom of court of appeals’ decisionsContinue reading “Two Concurring Eleventh Circuit Judges Question the Wisdom of a Federal Court of Appeals Issuing “Alternative Holdings” to Support a Decision”
Decennial Redistricting Mooted Six-Year-Old Constitutional Challenge to Petition Requirement, Holds Seventh Circuit
In Gill v. Linnabary, No. 22-1653 (7th Cir. Mar. 22, 2023), the Seventh Circuit dismisses as moot a challenge first filed in 2016 that challenged the Illinois ballot access rules to run for Congress as an independent. “The Illinois Election Code sets forth certain nomination requirements for independent candidates to appear on the general electionContinue reading “Decennial Redistricting Mooted Six-Year-Old Constitutional Challenge to Petition Requirement, Holds Seventh Circuit”
Seventh Circuit Divides Over Whether There Is a “Corruption” Exception to the Rooker-Feldman Doctrine
In Hadzi-Tanovic v. Johnson, No. 21-3373 (7th Cir. Mar. 14, 2023), the Seventh Circuit overrules (over a two-judge dissent) prior panel decisions holding that a plaintiff can avoid the operation of the Rooker–Feldman doctrine by alleging that the state-court judgment was the product of corruption. “This case arises out of a custody dispute between plaintiffContinue reading “Seventh Circuit Divides Over Whether There Is a “Corruption” Exception to the Rooker-Feldman Doctrine”
Sixth Circuit Disapproves of “Administrative Closure” of Case by District Court As “Irreconcilable With the Requirements Set Forth in the [Federal] Rules” for Closing Cases
In Rodriguez v. Hirshberg Acceptance Corp., No. 20-2184 (6th Cir. Mar. 14, 2023), the Sixth Circuit – while recognizing the district court’s “tremendous freedom in managing their caseload” – holds that a common procedural method of tabling inactive litigation, the “administrative closure,” has no foundation in the Federal Rules of Civil Procedure and recommends aContinue reading “Sixth Circuit Disapproves of “Administrative Closure” of Case by District Court As “Irreconcilable With the Requirements Set Forth in the [Federal] Rules” for Closing Cases”
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