On December 14 and 15, 2020, four different panels of the Seventh Circuit issued five published opinions, holding on various grounds that the Fair Debt Collection Practices Act (FDCPA) plaintiffs failed to plausibly allege an injury under Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) … but holding in one case that there mightContinue reading “Seventh Circuit Finds No Standing in Four FDCPA Appeals, Remands Fifth for Further Findings”
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Memes Admissible as Intrinsic Evidence of Prostitution Charge Under Fed. R. Evid. 404(b)(2), Holds Tenth Circuit
In United States v. Alfred, No. 19-1243 (10th Cir. Dec. 14, 2020), the Tenth Circuit finds no error in admission of memes from the defendant’s social media page as “intrinsic evidence” of his facilitation and solicitation of prostitution under Fed. R. Evid. 404(b)(2) and 403. The defendant allegedly used the social-media site Tagged to operateContinue reading “Memes Admissible as Intrinsic Evidence of Prostitution Charge Under Fed. R. Evid. 404(b)(2), Holds Tenth Circuit”
Expert Testimony Not Necessary to Prove Existence of Office’s E-Mail Storage, Holds Ninth Circuit
In Clare v. Clare, No. 19-36039 (9th Cir. Dec. 8, 2020), a case concerning a husband’s intrusion into his wife’s work e-mail, the Ninth Circuit reverses exclusion of a declaration about how the office stored data. Andrea Clare sued Kevin Clare under the federal Stored Communications Act (SCA) 18 U.S.C. § 2701 et seq., forContinue reading “Expert Testimony Not Necessary to Prove Existence of Office’s E-Mail Storage, Holds Ninth Circuit”
Plaintiffs Run Out 150-Day Fail Safe Limit Under Fed. R. Civ. P. 58(c) to Appeal From MDL, Holds Seventh Circuit
In Bell v. Albertson Cos., Inc., No. 19-2581 (7th Cir. Dec. 7, 2020), a two-judge panel of the Seventh Circuit (after Judge Barrett’s elevation to the Supreme Court) reverses the district court’s dismissal of unfair business practice claims, but holds that two of the appeals are time-barred under Fed. R. Civ. P 58(c) and Fed.Continue reading “Plaintiffs Run Out 150-Day Fail Safe Limit Under Fed. R. Civ. P. 58(c) to Appeal From MDL, Holds Seventh Circuit”
“Pop Secret” Lawsuit Fails to Fluff, When Ninth Circuit Finds No Article III Standing
In McGee v. Diamond Foods, Inc., No. 17-55577 (9th Cir. Dec. 4, 2020), the Ninth Circuit affirms dismissal of a lawsuit against a snack food company alleging adulteration with an unhealthy ingredient, finding no Article III injury in fact. “McGee contends that Diamond engaged in unfair practices, created a nuisance, and breached the warranty ofContinue reading ““Pop Secret” Lawsuit Fails to Fluff, When Ninth Circuit Finds No Article III Standing”
Misdemeanor Trial for On-Board Assault Properly Venued in District Where Plane Landed, Holds En Banc Ninth Circuit
In United States v. Lozoya, No. 17-50336 (9th Cir. Dec. 3, 2020), the Ninth Circuit holds 8-3 that the prosecution of an on-board misdemeanor is venued, under 18 U.S.C. § 3237(a), in the district where the plane lands and not the flyover district where the crime occurred. During a Minneapolis-to-Los Angeles flight, defendant Lozoya “wantedContinue reading “Misdemeanor Trial for On-Board Assault Properly Venued in District Where Plane Landed, Holds En Banc Ninth Circuit”
County Clerk in New York Lacked Standing to Challenge State’s Driver’s License Access and Privacy Act on Preemption Grounds, Holds Second Circuit
In Kearns v. Cuomo, No. 19-3769 (2d Cir. Nov. 30, 2020), the Second Circuit holds that a county clerk failed to allege an Article III injury in a case that claimed a conflict between the demands of the federal Immigration and Nationality Act and a state law that restricts disclosure of data gathered from driver’sContinue reading “County Clerk in New York Lacked Standing to Challenge State’s Driver’s License Access and Privacy Act on Preemption Grounds, Holds Second Circuit”
Split Seventh Circuit Panel Upholds Fed. R. Civ. P. 60(b) Order of New Trial That Lifted $80,000 Civil-Rights Verdict to $22 Million
In Fields v. City of Chicago, No 17-3079 (7th Cir. Nov. 20, 2020), a split panel holds that the district court did not abuse its discretion by reopening a case under Rule 60(b) based on new evidence, and holding a retrial resulting in a massively larger judgment: from $80,000 to $22 million. Plaintiff Fields wasContinue reading “Split Seventh Circuit Panel Upholds Fed. R. Civ. P. 60(b) Order of New Trial That Lifted $80,000 Civil-Rights Verdict to $22 Million”
Split Fourth Circuit Panel Holds That District Court Did Not Err by Admitting Evidence of Parent Companies’ Net Worth in Liability Phase of Nuisance Trial
In McKiver v. Murphy-Brown, LLC, No. 19-1019 (4th Cir. Nov. 19, 2020) – a closely-watched case against an industrial hog farm for common-law nuisance – a split panel affirms liability, though it remands the punitive damage award for redetermination. In addition to deciding Daubert challenges to the experts and other issues (not otherwise addressed here),Continue reading “Split Fourth Circuit Panel Holds That District Court Did Not Err by Admitting Evidence of Parent Companies’ Net Worth in Liability Phase of Nuisance Trial”
Sixth Circuit Affirms Denial of Recusal Motion, But “With Some Concerns” About Judge’s Ex Parte Letter to Attorney
In Alemarah v. General Motors, LLC, No. 20-1346 (6th Cir. Nov. 18, 2020) (per curiam), the panel affirms summary judgment in an employment discrimination case, but pauses over the district court judge’s “out of the ordinary” ex parte letter to one of the lawyers. The judge’s letter was prompted by the lawyer’s reticence about stagingContinue reading “Sixth Circuit Affirms Denial of Recusal Motion, But “With Some Concerns” About Judge’s Ex Parte Letter to Attorney”
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