In New Hampshire Lottery Comm’n v. Rosen, No. 19-1835 (1st Cir. Jan. 20, 2021), the panel holds that it had jurisdiction over New Hampshire’s challenge to the Department of Justice (DOJ) memoranda about enforcement of the Wire Act which, if implemented, might prevent the state from selling lottery tickets over the internet. Section 1084(a) ofContinue reading “First Circuit Finds Pre-Enforcement Challenge by State Lottery Commission to Justice Department’s Memoranda on Interstate Wagering Is Justiciable”
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D.C. Circuit, Overruling Its Prior Caselaw, Holds That Local Access of Airline’s Website Does Not Support Personal Jurisdiction
In Erwin-Simpson v. AirAsia Berhad, No. 19-7034 (D.C. Cir. Jan. 19, 2021), the panel affirms an order dismissing a claim for injuries on a 2016 flight from Malaysia to Cambodia, holding that the allegations “did not arise from any activity by AirAsia in the District of Columbia, and the only presence that the airline identifies hereContinue reading “D.C. Circuit, Overruling Its Prior Caselaw, Holds That Local Access of Airline’s Website Does Not Support Personal Jurisdiction”
Dissenting Ninth Circuit Judge Makes “Plea to the Supreme Court” to Fix Interlocutory Appeals of Qualified Immunity
A split panel in Estate of Anderson v. Marsh, No. 19-15068 (9th Cir. Jan. 15, 2021) holds that the court of appeals lacks jurisdiction over an interlocutory appeal – at the summary judgment stage – of a denial of qualified immunity. The dissenting judge, though, implores the Supreme Court to review the appellate jurisdiction issue,Continue reading “Dissenting Ninth Circuit Judge Makes “Plea to the Supreme Court” to Fix Interlocutory Appeals of Qualified Immunity”
Plaintiff Gets Her Own Lawsuit Dismissed on Spokeo Grounds in Seventh Circuit
In Thornley v. Clearview AI, Inc., No. 20-3249 (7th Cir. Jan. 14, 2021), a plaintiff fighting removal of her Illinois class action from state court persuades the Seventh Circuit that the federal courts lacked subject-matter jurisdiction over her claim. “Illinois’s Biometric Information Privacy Act, familiarly known as BIPA, provides robust protections for the biometric informationContinue reading “Plaintiff Gets Her Own Lawsuit Dismissed on Spokeo Grounds in Seventh Circuit”
Certificate of Insurance and Better Business Bureau “F” Rating Admissible to Prove Negligence in Casino Accident, Holds Fifth Circuit
In Echeverry v. Jazz Casino Co., LLC, No. 20-30038 (5th Cir. Jan. 12, 2021), the Fifth Circuit affirms liability – but vacates damages – in a negligence case involving a casino and one of its contractors, holding “that none of the objected-to evidence was erroneously admitted at trial.” “Jazz Casino Company … hired Alabama WildlifeContinue reading “Certificate of Insurance and Better Business Bureau “F” Rating Admissible to Prove Negligence in Casino Accident, Holds Fifth Circuit”
Eighth Circuit Affirms Assault Conviction Over a Host of Hearsay Objections
In United States v. Earth, No. 19-1555 (8th Cir. Jan. 11, 2021), the Eighth Circuit upholds a conviction for assault on the Rosebud Indian Reservation, overruling several hearsay objections including comments made for medical treatment and “excited utterances.” Defendant Earth was charged with stabbing a cousin during a domestic dispute. “At trial, the defense concededContinue reading “Eighth Circuit Affirms Assault Conviction Over a Host of Hearsay Objections”
Court’s “Anti-Deadlock Instructions Likely Coerced a Unanimous Verdict” Requiring Retrial, Holds D.C. Circuit
In United States v. Driscoll, No. 19-3074 (D.C. Cir. Jan. 5, 2021), the panel holds that the district court’s repeated efforts to force a verdict denied the defendant a fair trial and required that the conviction be vacated. “Jury deliberations in Driscoll’s trial began on Tuesday, November 20. The jury deliberated for approximately 45 minutesContinue reading “Court’s “Anti-Deadlock Instructions Likely Coerced a Unanimous Verdict” Requiring Retrial, Holds D.C. Circuit”
District Court Abused Discretion by Expanding Remedies on Rule 59(e) Post-Judgment Motion to Reconsider, Holds Fourth Circuit
In JTH Tax, Inc. v. Aime, No. 19-1746 (4th Cir. Jan. 4, 2021), the Fourth Circuit holds that the district court erred – on remand from an earlier appeal – in granting the winning plaintiff (1) additional compensatory damages on the grounds of newly discovered evidence, and (2) nominal damages. Aime operated nine tax franchisesContinue reading “District Court Abused Discretion by Expanding Remedies on Rule 59(e) Post-Judgment Motion to Reconsider, Holds Fourth Circuit”
Three-Judge Panel Can Overrule Circuit Precedent If Its Reasoning Is “Irreconcilable” With Intervening Supreme Court Authority, Holds Ninth Circuit
In Langere v. Verizon Wireless Servs., No. 19-55747 (9th Cir. Dec. 29, 2020), the Ninth Circuit clarifies the standard for when a three-judge panel may overrule circuit precedent in the face of “irreconcilable” Supreme Court authority. It holds that it is not necessary for the prior circuit caselaw to be on all fours with theContinue reading “Three-Judge Panel Can Overrule Circuit Precedent If Its Reasoning Is “Irreconcilable” With Intervening Supreme Court Authority, Holds Ninth Circuit”
First Circuit Refuses Appellate Jurisdiction Over Denial of TRO in a COVID-19 Closure Case
In Calvary Chapel of Bangor v. Mills, No. 20-1507 (1st Cir. Dec. 22, 2020), the panel denies appellate jurisdiction over the district court’s denial of a temporary restraining order (TRO), sought by a religious organization challenging the state’s emergency measures in response to the coronavirus pandemic. On April 29, 2020, after implementing a statewide shutdownContinue reading “First Circuit Refuses Appellate Jurisdiction Over Denial of TRO in a COVID-19 Closure Case”
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