In Trump v. United States, No. 22-13005 (11th Cir. Dec. 2, 2022), the Eleventh Circuit vacates and orders dismissal of a proceeding brought by the former president in the U.S. District Court for the Southern District of Florida to block the FBI’s use of documents seized from his personal residence, holding that the court lackedContinue reading “Eleventh Circuit Holds District Court Lacked Equitable Jurisdiction to Make the Government’s Use of Documents Seized from Former President Trump Subject to Special Master Review”
Category Archives: Uncategorized
Second Circuit Dismisses Pseudonymously Filed Appeal as Violation of Fed. R. App. P. 32(d)
In Publicola v. Lomenzo, No. 22-795 (2d Cir. Nov. 29, 2022), the Second Circuit publishes an order dismissing an appeal after the plaintiff-appellant violated an order to file their appeal under their real name. “In December 2021, Appellant commenced this action under 42 U.S.C. § 1983 against the Town of Penfield, the NYSLRB, current andContinue reading “Second Circuit Dismisses Pseudonymously Filed Appeal as Violation of Fed. R. App. P. 32(d)”
Eighth Circuit Vacates Judgments in Favor of 177 Plaintiffs Confirming Arbitration Awards Due to Lack of Subject Matter Jurisdiction
In Hursh v. DST Systems, Inc., No 21-3554 (8th Cir. Nov. 28, 2022), appeals of awards to 177 claimants –who prevailed in ERISA arbitrations about losses in their 401(k) profit sharing plan – result in the judgments being vacated and remanded owing to doubts about the district court’s subject-matter jurisdiction. “DST was the Plan’s sponsor,Continue reading “Eighth Circuit Vacates Judgments in Favor of 177 Plaintiffs Confirming Arbitration Awards Due to Lack of Subject Matter Jurisdiction”
Fifth Circuit Grants Mandamus to Quash Subpoena of State Attorney General’s Testimony Until Sovereign Immunity Issue Is Decided
In In re Ken Paxton, No. 22-50882 (5th Cir. Nov. 14, 2022), the panel grants a writ of mandamus directing that the district court quash a subpoena of Texas Attorney General Paxton until the judge decides whether he should be dismissed from the action owing to sovereign immunity. The underlying lawsuit challenged the potential extraterritorialContinue reading “Fifth Circuit Grants Mandamus to Quash Subpoena of State Attorney General’s Testimony Until Sovereign Immunity Issue Is Decided”
Plaintiffs Waited Too Long to Appeal Post-Judgment Formula for Calculating Interest, Holds Second Circuit
In Amara v. Cigna Corp., No. 20-202 (2d Cir. Nov. 10, 2022), reviewing post-judgment orders in a long-running class action under the Employee Retirement Income Security Act (ERISA), the Second Circuit holds that it has no jurisdiction over the plaintiff-class’s challenge to the district court’s orders setting the formula for calculating interest because the noticeContinue reading “Plaintiffs Waited Too Long to Appeal Post-Judgment Formula for Calculating Interest, Holds Second Circuit”
Fed. R. Civ. P. 11 Does Not Apply to Pleadings Filed in State Court and Then Removed by the Defendant, Holds First Circuit
In Guaetta & Benson, LLC v. McArdle, No. 22-1034 (1st Cir. Oct. 28, 2022), the First Circuit reversed Fed. R. Civ. P. 11 sanctions, holding as a matter of law that Rule 11 did not apply to complaints filed in state court and then removed to federal court. “On February 7, 2017, Nicholas Triantos suedContinue reading “Fed. R. Civ. P. 11 Does Not Apply to Pleadings Filed in State Court and Then Removed by the Defendant, Holds First Circuit”
Tenth Circuit Sets Low Bar for Fed. R. Civ. P. 26(a)(2)(C) Disclosures for Non-Retained Experts in Truck Collision Case
In Vincent v. Nelson, No.20-8030 (10th Cir. Oct. 27, 2022), in an issue of first impression, the Tenth Circuit holds that a pre-trial disclosure under Fed. R. Civ. P. 26(a)(2)(C) for non-retained experts may be fairly general in form to support their testimony at trial, in contrast to the more rigorous demands for retained expertsContinue reading “Tenth Circuit Sets Low Bar for Fed. R. Civ. P. 26(a)(2)(C) Disclosures for Non-Retained Experts in Truck Collision Case”
Eighth Circuit Sides with Fifth Circuit that States Lack Article III Standing to Challenge the Biden Administration’s Executive Order on Climate Change
In State of Missouri v. Biden, No. 21-3013 (8th Cir. Oct. 19, 2022), the Eighth Circuit rejected a challenge by thirteen states to the president’s executive order reinstating a governmental taskforce on climate change, abrogating several executive orders of the past administration, and directing that climate data be gathered for regulatory cost-benefit analysis. The decisionContinue reading “Eighth Circuit Sides with Fifth Circuit that States Lack Article III Standing to Challenge the Biden Administration’s Executive Order on Climate Change”
Seventh Circuit Holds That Denial of Motion to Quash Administrative Warrant Is Not a Final Order for Immediate Appeal Under 28 U.S.C. § 1291
In Anthony Marano Co. v. Walsh, No. 21-2661 (7th Cir. Oct. 18, 2022), presenting an issue of first impression for the circuit, the Seventh Circuit holds that there is no appellate jurisdiction to review the legal sufficiency of an administrative warrant prior to its execution under 28 U.S.C. § 1291. “Anthony Marano Company (‘AMC’ orContinue reading “Seventh Circuit Holds That Denial of Motion to Quash Administrative Warrant Is Not a Final Order for Immediate Appeal Under 28 U.S.C. § 1291”
Courthouse Furor Over the COVID Pandemic Did Not Warrant New Trial for Damages, Holds Second Circuit
In ABKCO Music, Inc. v. Sagan, No. 20-3816 (2d Cir. Oct. 6, 2022), the Second Circuit reviews cross-appeals from a jury trial of a Copyright Act case. Among the issues presented was whether the jury deliberation, taking place against the backdrop of the COVID lockdown, was unfairly rushed. The defendant William Sagan owned a troveContinue reading “Courthouse Furor Over the COVID Pandemic Did Not Warrant New Trial for Damages, Holds Second Circuit”
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