In Edwards v. 4JLJ, LLC, No. 19-40553 (5th Cir. Sept. 21, 2020), a panel of the Fifth Circuit reconsiders an appeal from a Fair Labor Standards Act trial and concludes that the merits decision must be almost-entirely withdrawn, owing to the cross-notices of appeal being filed too late. In the prior opinion, Edwards v. 4JLJ,Continue reading “Fifth Circuit Eats Crow As It Withdraws Entire Decision on the Merits, Finding That the Notices of Appeal Were Filed Too Late”
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Ninth Circuit Finds No Standing Where Alleged Injury Could Only Be Redressed by Renegotiating Treaty
In Tinian Women Ass’n v. U.S. Dep’t of the Navy, No. 18-16723 (9th Cir. Sept. 20, 2020), the Ninth Circuit affirms dismissal of an environmental-law claim concerning the relocation of American troops from Okinawa, Japan to Guam. Rather than rule on the political question doctrine presented by the Government, the panel rests instead on theContinue reading “Ninth Circuit Finds No Standing Where Alleged Injury Could Only Be Redressed by Renegotiating Treaty”
Eleventh Circuit Flatly Bans Incentive Payments to Rule 23 Class Representatives in Settlements
In a startling opinion, Johnson v. NPAS Solutions, LLC, No. 18-12344 (11th Cir. Sept. 17, 2020), a 2-1 panel announces that incentive payments of any kind to Rule 23 class representatives are incompatible with common-fund principles and are therefore banned. The panel vacates a $6000 incentive payment in a Telephone Consumer Protection Act class settlement.Continue reading “Eleventh Circuit Flatly Bans Incentive Payments to Rule 23 Class Representatives in Settlements”
Plaintiff Did Not Deprive Federal Court of Subject-Matter Jurisdiction Over FAA Vacatur Petition by Selectively Naming Defendants, Fifth Circuit Holds
In Badgerow v. Walters, No. 19-30766 (5th Cir. Sept. 15, 2020), the Fifth Circuit holds that the “look-through” analysis for determining federal jurisdiction in actions to compel arbitration under Section 4 of the FAA reviews the entire underlying dispute in arbitration, not just the specific claims included in the petition. Plaintiff – a terminated employeeContinue reading “Plaintiff Did Not Deprive Federal Court of Subject-Matter Jurisdiction Over FAA Vacatur Petition by Selectively Naming Defendants, Fifth Circuit Holds”
New Trial of Punitive Damages in Tobacco Case Does Not Necessitate Retrying Liability or Compensatory Damages from First Trial, Eleventh Circuit Holds.
In Sowers v. R.J. Reynolds Tobacco Co., No. 18-11901 (11th Cir. Sept. 15, 2020), where the defendant did not dispute that the plaintiff was erroneously denied a punitive-damage trial, the court holds that the Seventh Amendment Reexamination Clause does not command a retrial of liability. Sowers is an “Engle progeny” action, a case emerging fromContinue reading “New Trial of Punitive Damages in Tobacco Case Does Not Necessitate Retrying Liability or Compensatory Damages from First Trial, Eleventh Circuit Holds.”
District Court That Defied Sixth Circuit to Reverse Criminal Sentence a Second Time Gets Fired from Case
In United States v. Schrank, No. 19-5903 (6th Cir. Sept. 14, 2020), the Sixth Circuit sets aside a criminal sentence for a second time, and remands for sentencing before a different judge. The defendant was convicted of downloading 1000 images of child pornography, which under the Sentencing Guidelines called for incarceration in the range ofContinue reading “District Court That Defied Sixth Circuit to Reverse Criminal Sentence a Second Time Gets Fired from Case”
Seventh Circuit Issues Writ of Mandamus to Vacate District Court’s Grant of Stay Pending Certiorari
In In re A.F. Moore & Associates, Inc., No. 20-2497 (7th Cir. Sept. 10, 2020) (per curiam), the Seventh Circuit granted a petition for writ of mandamus to vacate a stay pending certiorari that was granted by the district court after the court of appeals had already denied it. “In January, we reversed the dismissalContinue reading “Seventh Circuit Issues Writ of Mandamus to Vacate District Court’s Grant of Stay Pending Certiorari”
Eighth Circuit Finds That Judge Who Opined from Bench That the Federal Criminal Justice System “Sucks” and Is “Really Harsh” Tainted Proceedings and Necessitates Resentencing
It is a hard rule that a judge “must not participate in [plea] discussions,” Fed. R. Crim. P. 11(c)(1). In United States v. Harrison, No. 19-2234 (8th Cir. Sept. 10, 2020), a judge committed plain error by talking a criminal defendant out of a plea deal by assuring him – incorrectly – that he wouldContinue reading “Eighth Circuit Finds That Judge Who Opined from Bench That the Federal Criminal Justice System “Sucks” and Is “Really Harsh” Tainted Proceedings and Necessitates Resentencing”
Denial of Leave to Amend Under Fed. R. Civ. P. 15(b) During Trial to Convert Facial Challenge of Ordinance to As-Applied Challenge Upheld by Eleventh Circuit
In Doe v. Miami-Dade Cnty., No. 19-10254 (11th Cir. Sept. 9, 2020), the Eleventh Circuit affirmed a district court’s decision not to allow two plaintiffs to amend their pleadings at the end of trial to add an unpled “as applied” challenge to a county ordinance which they contended imposed an ex post facto punishment. TheContinue reading “Denial of Leave to Amend Under Fed. R. Civ. P. 15(b) During Trial to Convert Facial Challenge of Ordinance to As-Applied Challenge Upheld by Eleventh Circuit”
CAFA Removal Petition Need Only Plausibly Allege – Not Prove – An Amount in Controversy, Holds Ninth Circuit
In Salter v. Quality Carriers, Inc., No. 20-55709 (9th Cir. Sept. 8, 2020), the Ninth Circuit holds that the district court erred in holding that a defendant seeking to remove a matter from state court under the Class Action Fairness Act (CAFA), 28 U.S.C § 1332(d), had to factually prove that amount in controversy wasContinue reading “CAFA Removal Petition Need Only Plausibly Allege – Not Prove – An Amount in Controversy, Holds Ninth Circuit”
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