In In re Nicholas Paul Somberg, No. 22-0101 (6th Cir. Apr. 21, 2022), the Sixth Circuit in a published but unsigned order denied a certified appeal of denial of summary judgment under 28 U.S.C. § 1292(b). Despite that the district court certified the appeal and defendant did not oppose it, the panel holds that theContinue reading “Interlocutory Appeal Under 28 U.S.C. § 1292(b) Should Not Be Granted Where It Will “Not Accelerate [the] End” of Litigation, Holds Sixth Circuit”
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Fed. R. Civ. P. 27 Pre-Filing Deposition Is Not a Vehicle for Jurisdictional Discovery, Holds Seventh Circuit
In Qin v. Deslongchamps, No. 21-1873 (7th Cir. Apr. 14, 2022), the Seventh Circuit affirms the denial of a petition to take a Fed. R. Civ. P. 27 deposition of a member of a limited liability corporation (LLC) to ascertain their citizenship before filing a diversity suit in federal court. For federal diversity purposes, LLCsContinue reading “Fed. R. Civ. P. 27 Pre-Filing Deposition Is Not a Vehicle for Jurisdictional Discovery, Holds Seventh Circuit”
States’ Challenge to Secretary of Homeland Security Guidance To Deputies Probably Lacking In Standing, Holds Sixth Circuit
In Arizona v. Biden, No. 22-3272 (6th Cir. Apr. 12, 2022), the Sixth Circuit stays pending appeal a nationwide preliminary injunction of a federal memorandum of “immigration enforcement priorities and policies” concerning “arrest, detention, and removal decisions.” “Congress has tasked the Secretary of Homeland Security, currently Alejandro Mayorkas, with establishing ‘national immigration enforcement policies andContinue reading “States’ Challenge to Secretary of Homeland Security Guidance To Deputies Probably Lacking In Standing, Holds Sixth Circuit”
Sixth Circuit Finds Preliminary Injunction Barring a Defendant From “Competing” With Plaintiff, Without Time Limits, Fails the Specificity Requirement of Fed. R. Civ. P. 65(d)
In Union Home Mortg. Corp. v. Cromer, No. 21-3492 (6th Cir. Apr. 6, 2022), in a case involving enforcement of a non-compete covenant, the Sixth Circuit vacates a preliminary injunction against the defendant to bar him from “competing with Union Home,” finding that it was overbroad and “fails to satisfy the specificity requirements of FederalContinue reading “Sixth Circuit Finds Preliminary Injunction Barring a Defendant From “Competing” With Plaintiff, Without Time Limits, Fails the Specificity Requirement of Fed. R. Civ. P. 65(d)”
Fifth Circuit Judges Clash in Gun “Free Speech” Case About Whether Mandamus Was Appropriate Relief to Vacate Joint Severance and Transfer Order
In Defense Distributed v. Bruck, No. 21-50327 (5th Cir. Apr. 1, 2022), a 2-1 panel of the Fifth Circuit issues a writ of mandamus directing a federal judge in the Western District of Texas to vacate an order severing and transferring part of a case to the District of New Jersey, and to request thatContinue reading “Fifth Circuit Judges Clash in Gun “Free Speech” Case About Whether Mandamus Was Appropriate Relief to Vacate Joint Severance and Transfer Order”
Eleventh Circuit Panel Splits Three Ways on Article III Standing to Challenge Supposedly Inaccessible Hotel Website Under Title III of the Americans with Disabilities Act
In Laufer v. Arpan LLC, No.20-14846 (11th Cir. Mar. 29, 2022), the Eleventh Circuit issues a court opinion and three concurring opinions – 68 total pages – holding that a plaintiff who attempted to access a hotel website had Article III standing to bring a claim under the public accommodations provisions of the ADA, TitleContinue reading “Eleventh Circuit Panel Splits Three Ways on Article III Standing to Challenge Supposedly Inaccessible Hotel Website Under Title III of the Americans with Disabilities Act”
Absolute Legislative Immunity Bars Federal Action Against N.H. State Legislature to Institute Procedures for Remote Voting During COVID Pandemic
In Cushing v. Packard, No. 21-1177 (1st Cir. Mar. 25, 2022), the en banc First Circuit – dividing 3-2 – holds that federal common-law legislative immunity bars an Americans with Disability Act (ADA) and Rehabilitation Act action to order the New Hampshire House of Representatives (House) to institute remote voting for medically vulnerable state representativesContinue reading “Absolute Legislative Immunity Bars Federal Action Against N.H. State Legislature to Institute Procedures for Remote Voting During COVID Pandemic”
Referral of Lawyer to Disciplinary Committee Is Not an Appealable Final Judgment, Holds D.C. Circuit
In Wisconsin Voters Alliance v. Harris, No. 21-5056 (D.C. Cir. Mar. 22, 2022), the D.C. Circuit holds that a district court judge’s decision to refer a lawyer to a bar disciplinary committee for misconduct was not a final judgment subject to appeal under 28 U.S.C. § 1291. “To call the underlying action in this caseContinue reading “Referral of Lawyer to Disciplinary Committee Is Not an Appealable Final Judgment, Holds D.C. Circuit”
Second Circuit Holds That Younger Abstention Does Not Apply to State Probate Court Order Concerning the Validity of a Lien
In Cavanaugh v. Geballe, No.21-571 (2d Cir. Mar. 17, 2022), the Second Circuit holds that the district court erred by abstaining under the doctrine established in Younger v. Harris, 401 U.S. 37 (1971), from hearing a due process challenge to a statutory lien on plaintiff’s inheritance and grandmother’s estate. The panel holds that a stateContinue reading “Second Circuit Holds That Younger Abstention Does Not Apply to State Probate Court Order Concerning the Validity of a Lien”
Split Eleventh Circuit Panel Holds That 28 U.S.C. § 1453(c)(1) Grants No Appellate Jurisdiction Over Remand to State Court Under CAFA If the District Court Grants It Sua Sponte
In Ruhlen, et al. v. Holiday Haven Homeowners, Inc., No. 21-90022 (11th Cir. Mar 10, 2022), owing to a quirk in the statutory language, a 2-1 panel holds that 28 U.S.C. § 1453(c)(1) – which ordinarily allows a U.S. Court of Appeals to hear an appeal “from an order of a district court granting orContinue reading “Split Eleventh Circuit Panel Holds That 28 U.S.C. § 1453(c)(1) Grants No Appellate Jurisdiction Over Remand to State Court Under CAFA If the District Court Grants It Sua Sponte”
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