In Roy v. Canadian Pacific Railway Co., No. 17-1108 (1st Cir. June 2, 2021), the First Circuit decides an issue of first impression and holds that those cases proceeding in the district court as “related to” a pending bankruptcy proceeding, 28 U.S.C. § 1334(b), follow the Federal Rules of Bankruptcy Procedure rather than the FederalContinue reading “First Circuit Holds That Bankruptcy Rules, Rather Than Federal Rules of Civil Procedure, Govern Cases Proceeding Under 28 U.S.C. § 1334(b)”
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Split Eleventh Circuit Panel Holds That Filing of Voluntary Dismissal Under Fed. R. Civ. P. 41(a)(1)(A)(i) Cut-Off District Court’s Power to Modify Protective Order
In Absolute Activist Value Master Fund Ltd. v. Devine, No. 20-10237 (11th Cir. May 28, 2021), the panel majority holds that the plaintiffs hedge funds’ (the Funds) filing of a Rule 41(a)(1)(A)(i) “voluntary dismissal stripped the District Court of jurisdiction to consider [defendant] Devine’s post-dismissal motion to modify” a protective order. Defendant Devine and herContinue reading “Split Eleventh Circuit Panel Holds That Filing of Voluntary Dismissal Under Fed. R. Civ. P. 41(a)(1)(A)(i) Cut-Off District Court’s Power to Modify Protective Order”
No Deference to Litigation-Conduct Waiver Holding Based on “Conclusory Assertions,” Holds Fifth Circuit
In Int’l Energy Ventures Mgt. v. United Energy Grp., No. 20-20221 (5th Cir. May 28, 2021), the Fifth Circuit reverses – on the case’s second appearance in that court – an order compelling arbitration, based on the plaintiff’s three-year “persistent pursuit of litigation.” “International Energy Ventures Management (‘IEVM’) sued United Energy Group (‘UEG’) more thanContinue reading “No Deference to Litigation-Conduct Waiver Holding Based on “Conclusory Assertions,” Holds Fifth Circuit”
Fifth Circuit Splits with Eleventh, Holds That Receipt of a Single Robotext in Violation of TCPA Creates Article III Standing
In Cranor v. 5 Star Nutrition, No. 19-51173 (5th Cir. May 26, 2021), the panel holds that even a single robotext in violation of the Telephone Consumer Protection Act of 1991 (“TCPA”) is analogous to a common-law public nuisance, and thus an injury to confers Article III standing. 5 Star Nutrition, an Austin-based nutritional supplementContinue reading “Fifth Circuit Splits with Eleventh, Holds That Receipt of a Single Robotext in Violation of TCPA Creates Article III Standing”
Sixth Circuit Sorts Out Waiver, Forfeiture, and Invited Error in Criminal Sentence Appeal
In United States v. Montgomery, No. 20-1201 (6th Cir. May 24, 2021), a Sixth Circuit panel tries to bring clarity to the distinction between forfeiture and waiver in an appeal of a sentencing error. “The difference between waiver and forfeiture has long bedeviled lawyers and judges alike. Lawyers often split the difference, using the termsContinue reading “Sixth Circuit Sorts Out Waiver, Forfeiture, and Invited Error in Criminal Sentence Appeal”
Two Judges of the Seventh Circuit Say That They, Too, Are Getting Fed Up with Spokeo and Standing
A couple of weeks ago, Judge Newsom of the Eleventh Circuit made a splash with a long, scholarly concurring opinion suggesting a complete refurbishing of standing doctrine. (See May 6, 2021 entry.) Last Friday, in Markakos v. Medicredit, Inc., No. 20-2350 (7th Cir. May 14, 2021), two more judges of the Seventh Circuit express theirContinue reading “Two Judges of the Seventh Circuit Say That They, Too, Are Getting Fed Up with Spokeo and Standing”
Seventh Circuit Recounts Saga of Lawyer Who Asked to Withdraw from Case Right Before Closing Argument
In Black v. Wrigley, No. 20-2656 (7th Cir. May 10, 2021), the Seventh Circuit affirms a defense jury verdict in a defamation case in which plaintiff’s counsel tried to withdraw at the close of a jury trial due to an apparent conflict with his client. On Friday, “the day of closing arguments, when [plaintiff]’s trialContinue reading “Seventh Circuit Recounts Saga of Lawyer Who Asked to Withdraw from Case Right Before Closing Argument”
Second Circuit Holds That State Statutory Law Can Create Legally Protected Interests That Support Article III Standing
In Maddox v. Bank of N.Y. Mellon Tr. Co., No. 19-1774 (2d Cir. May 10, 2021), a split panel holds that statutory damages under New York’s mortgage-satisfaction-recording statutes support Article III standing. New York’s mortgage-satisfaction-recording statutes, N.Y. Real P. Law (“R.P.L.”) § 275, N.Y. Real P. Actions & Proc. L. (“R.P.A.P.L.”) § 1921, provides anContinue reading “Second Circuit Holds That State Statutory Law Can Create Legally Protected Interests That Support Article III Standing”
Culture Wars in the Eleventh Circuit? En Banc Court Votes to Vacate Conviction Because Christian Juror Who “Trusted the Holy Ghost” Was Erroneously Dismissed from Trial
In United States v. Brown, No. 17-15470 (11th Cir. May 6, 2021) (en banc), a strict partisan split yields a 7-4 decision to vacate the fraud conviction of a former U.S. Representative because the judge removed a juror during deliberations who said that “A Higher Being told me [the defendant] was Not Guilty on allContinue reading “Culture Wars in the Eleventh Circuit? En Banc Court Votes to Vacate Conviction Because Christian Juror Who “Trusted the Holy Ghost” Was Erroneously Dismissed from Trial”
Eleventh Circuit Holds Deaf User of City Website Had Standing to Sue, While Concurring Opinion Urges Complete Overhaul of Injury-in-Fact Inquiry for Article III Standing
In Sierra v. City of Hallandale Beach Fla., No. 19-13694 (11th Cir. May 6, 2021), the panel holds that a deaf visitor to a municipal website had standing to challenge the lack of closed captioning on the videos. Judge Newsom, in a 57-page separate opinion, expresses “doubt that current standing doctrine—and especially its injury-in-fact requirement—isContinue reading “Eleventh Circuit Holds Deaf User of City Website Had Standing to Sue, While Concurring Opinion Urges Complete Overhaul of Injury-in-Fact Inquiry for Article III Standing”
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