“Indicia of Membership” Test Does Not Apply to Traditional Voluntary Membership Organization to Assess Associational Standing, Holds First Circuit

In Students for Fair Admissions v. President & Fellows of Harvard, No. 19-2005 (1st Cir. Nov. 12, 2020), the First Circuit – in an opinion upholding Harvard College’s admissions policy against a civil rights challenge – addresses the associational standing of the organization that brought the lawsuit. Students for Fair Admissions, Inc. (“SFFA”) filed suitContinue reading ““Indicia of Membership” Test Does Not Apply to Traditional Voluntary Membership Organization to Assess Associational Standing, Holds First Circuit”

Ninth Circuit Vacates Class-Settlement Fee Award Under Rule 23(h), Rejecting Lodestar-With-Multiplier Calculation in Case Where 96% of Value Is Coupons

In Chambers v. Whirlpool Corp., No. 16-56666 (9th Cir. Nov. 10, 2020), a Ninth Circuit panel affirms a class settlement, but remands the case for a recalculation of the attorney’s fees under Fed. R. Civ. P. 23(h). The panel finds that awarding the lawyers’ billable hours with a 1.69 multiplier – totaling $14.8 million –Continue reading “Ninth Circuit Vacates Class-Settlement Fee Award Under Rule 23(h), Rejecting Lodestar-With-Multiplier Calculation in Case Where 96% of Value Is Coupons”

Faulty Daubert Rulings No Longer Automatically Require A New Trial, Ninth Circuit Holds En Banc

In United States v. Bacon, No. 18-50120 (9th Cir. Nov. 5, 2020) (en banc), the Ninth Circuit overrules several prior decisions holding that the only remedy for an erroneous ruling on expert testimony under Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and Fed. R. Evid. 702 is a new trial. Instead, theContinue reading “Faulty Daubert Rulings No Longer Automatically Require A New Trial, Ninth Circuit Holds En Banc”

$50 Fine for Raising A Ruckus in a Federal Courthouse Lobby Upheld by Second Circuit

In United States v. Wasylyshyn, No. 18-1344 (2d Cir. Nov. 3, 2020), the Second Circuit affirms a misdemeanor conviction for creating a “loud or unusual noise or a nuisance” in the courthouse, in violation of 41 C.F.R. § 102-74.390(a) (the “Noise Regulation”). Defendant Wasylyshyn arrived at the Federal Building and U.S. Courthouse in Binghamton, NewContinue reading “$50 Fine for Raising A Ruckus in a Federal Courthouse Lobby Upheld by Second Circuit”

Supreme Court Holds That Fifth Circuit Should Have Certified State-Law Question to Louisiana’s High Court, Rather Than Decide First Amendment Question

In Mckesson v. Doe, No. 19-1108 (U.S. Nov. 2, 2020) (per curiam), the Supreme Court vacated a controversial ruling of the Fifth Circuit, holding that Louisiana tort law recognized a claim against a Black Lives Matter organizer for an injury negligently suffered by a police officer during a demonstration. Defendant Mckesson organized a protest inContinue reading “Supreme Court Holds That Fifth Circuit Should Have Certified State-Law Question to Louisiana’s High Court, Rather Than Decide First Amendment Question”

No Appellate Jurisdiction Over Remand Order Under 28 U.S.C. § 1447(d) Except on Federal-Officer Ground, Holds First Circuit

In State of Rhode Island v. Shell Oil Prods. Co., LLC, No. 19-1818 (1st Cir. Oct. 29, 2020), the First Circuit joins the majority of circuits in holding that the appeal of a federal-officer removal argument under 28 U.S.C. § 1447(d) does not expose the entire remand order to appellate review. (This issue is nowContinue reading “No Appellate Jurisdiction Over Remand Order Under 28 U.S.C. § 1447(d) Except on Federal-Officer Ground, Holds First Circuit”

Party’s Failure to Contemporaneously Object to District Court ‘s Violation of Fed. R. Civ. P. 6(b)(2) Forfeits Argument, Holds Second Circuit

In Legg v. Ulster Cnty., No. 17-2861 (2d Cir. Oct. 29, 2020), a Title VII and § 1983 sex harassment case, the Second Circuit holds that even though the district court improperly gave defendants an extension on their deadline to file post-judgment motions, the non-movant forfeited any objection by not raising the issue at theContinue reading “Party’s Failure to Contemporaneously Object to District Court ‘s Violation of Fed. R. Civ. P. 6(b)(2) Forfeits Argument, Holds Second Circuit”

$6.3MM FACTA Class Settlement Flushed on Spokeo Standing Grounds by En Banc Eleventh Circuit

In Muransky v. Godiva Chocolatier, Inc.,  No. 16-16486 (11th Cir. Oct. 28, 2020) (en banc), a 7-3 court (with two absententions) tossed a Fair and Accurate Credit Transactions Act (FACTA) settlement on the ground that the class representative did not allege a concrete injury from having too much of his credit card number printed onContinue reading “$6.3MM FACTA Class Settlement Flushed on Spokeo Standing Grounds by En Banc Eleventh Circuit”

No Appellate Jurisdiction Over Foreign Discovery Dispute Under 28 U.S.C. § 1782, Holds Fifth Circuit

In Banca Pueyo SA v. Lone Star Fund IX (US), No. 20-10049 (5th Cir. Oct. 27, 2020), the Fifth Circuit holds that it lacked jurisdiction to hear an ongoing dispute about the scope of discovery in a proceeding under 28 U.S.C. § 1782. “Section 1782 is the most recent version of statutes that for moreContinue reading “No Appellate Jurisdiction Over Foreign Discovery Dispute Under 28 U.S.C. § 1782, Holds Fifth Circuit”

Just in Time for Halloween, Fifth Circuit Reanimates Challenge to “Zombie” Law

In Pool v. City of Houston, No. 19-20828 (5th Cir. Oct. 23, 2020), the Fifth Circuit holds that the district court had subject-matter jurisdiction to consider a constitutional challenge to a petitioning ordinance deemed unconstitutional 20 years earlier and arguably no longer enforced. “It is often said that courts ‘strike down’ laws when ruling themContinue reading “Just in Time for Halloween, Fifth Circuit Reanimates Challenge to “Zombie” Law”