Category Archives: Uncategorized

Evidence of Alleged Prior Assaults Against Different Victims Was Inadmissible Under Fed. R. Evid. 404 and 405, Holds Ninth Circuit

In United States v. Charley, No. 19-10133 (9th Cir. June 13, 2021), the Ninth Circuit vacates a defendant’s convictions on two counts of assault within the territorial jurisdiction of the United States, and remands for a new trial on the assault counts, holding that it was not harmless error to admit evidence of the defendant’sContinue reading “Evidence of Alleged Prior Assaults Against Different Victims Was Inadmissible Under Fed. R. Evid. 404 and 405, Holds Ninth Circuit”

District Court Had Ancillary Enforcement Jurisdiction to Enforce Attorney’s Lien in Post-Judgment Proceeding, Holds First Circuit

In Butt v. United Brotherhood, No. 18-2272 (3d Cir. June 8, 2021), the First Circuit holds that the district court maintained subject matter jurisdiction to adjudicate a fee dispute between a pair of lawyers who represented three women in an employment discrimination lawsuit. Attorney Paddick represented plaintiffs (the Clients) on a 40% contingency fee throughContinue reading “District Court Had Ancillary Enforcement Jurisdiction to Enforce Attorney’s Lien in Post-Judgment Proceeding, Holds First Circuit”

En Banc Fourth Circuit Holds That District Court Did Not Err in Denying North Carolina’s General Assembly Leave to Intervene in Challenge to Voter-ID Law

In North Carolina NAACP State Conf. v. Berger, No. 19-2273 (4th Cir. June 7, 2021), the en banc Fourth Circuit (splitting along party lines) holds 9-6 that a state legislature may only intervene to defend a state law under Fed. R. Civ. P. 24(a)(2) “if a federal court first finds that the Attorney General isContinue reading “En Banc Fourth Circuit Holds That District Court Did Not Err in Denying North Carolina’s General Assembly Leave to Intervene in Challenge to Voter-ID Law”

RICO’s Nationwide Service-of-Process Rule Does Not Extend Overseas, Holds Eleventh Circuit

In Don’t Look Media LLC v. Fly Victor Ltd., No. 20-10779 (11th Cir. June 4, 2021), the panel affirms dismissal of a case on personal jurisdiction grounds, holding that attempted service of a defendant in London did not satisfy RICO’s nationwide service-of-process rule, 18 U.S.C. § 1965. A contract to operate a commercial website unraveled.Continue reading “RICO’s Nationwide Service-of-Process Rule Does Not Extend Overseas, Holds Eleventh Circuit”

First Circuit Holds That Bankruptcy Rules, Rather Than Federal Rules of Civil Procedure, Govern Cases Proceeding Under 28 U.S.C. § 1334(b)

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)”

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”