In American Council of the Blind v. Mnuchin, No. 19-5284 (D.C. Cir. Oct. 9, 2020), the D.C. Circuit holds that the nearly two-decade-old struggle to make our paper currency readable for the visually impaired must continue while the Treasury Department struggles to meet both accessibility and security goals. The plaintiff, in a 2002 lawsuit, challengedContinue reading “District Court Did Not Violate Mandate Rule by Taking Agency’s Resource Constraints into Account on Remand, D.C. Circuit Holds”
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No Vacatur of the District Court’s Costs Order on Appeal Just Because the Parties Jointly Request It, First Circuit Holds
In Villeneuve v. Avon Prod., Inc., No. 20-1121 (1st Cir. Oct. 7, 2020) (per curiam), despite that the parties settled on appeal and jointly request vacatur of an order below, the First Circuit holds that they should seek this request in the district court under Fed. R. Civ. P. 60(b)(5). In a prior decision, aContinue reading “No Vacatur of the District Court’s Costs Order on Appeal Just Because the Parties Jointly Request It, First Circuit Holds”
Poky Litigants Cannot Make Use of “Capable of Repetition, Yet Evading Review” Exception to Mootness, Holds Fifth Circuit
In Empower Texans, Inc. v. Geren, No. 19-50577 (5th Cir. Oct. 5, 2020), a Fifth Circuit panel holds that a lawsuit mooted by the end of a legislative session could not be revived by the “capable of repetition, yet evading review” exception where the plaintiffs supposedly didn’t move fast enough to vindicate their rights. DefendantContinue reading “Poky Litigants Cannot Make Use of “Capable of Repetition, Yet Evading Review” Exception to Mootness, Holds Fifth Circuit”
Texas District Court Lacked Personal Jurisdiction to Vacate an Arbitration Award in Florida, Fifth Circuit Holds
In Sayers Constr., LLC v. Timberline Constr., Inc., No 19-51099 (5th Cir. Oct. 2, 2020), the panel affirms dismissal of a vacatur action on the ground that it would not comport with Due Process to review a Florida arbitration award in Texas. Plaintiff Sayers filed suit in the Western District of Texas to vacate anContinue reading “Texas District Court Lacked Personal Jurisdiction to Vacate an Arbitration Award in Florida, Fifth Circuit Holds”
Seventh Circuit Judge Give Guidance on Standards for Amicus Briefs
In Prairie Rivers Network v. Dynegy Midwest Generation, LLC, No. 18-3644 (7th Cir. Oct. 2, 2020) (Scudder, J., in chambers), a Seventh Circuit judge gives the bench guidance about what makes an effective amicus brief under Fed. R. App. P. 29. Judge Scudder granted leave to three organizations – the Illinois Environmental Regulatory Group, theContinue reading “Seventh Circuit Judge Give Guidance on Standards for Amicus Briefs”
Seventh Circuit Affirms Dismissal Under the Doctrine of Derivative Jurisdiction, But Devises Prospective 30-Day Deadline for Defendants to Raise This Objection
In Ricci v. Salzmanin, No. 19-3035 (7th Cir. Oct. 1, 2020) (per curiam), a two-judge panel affirms dismissal of a complaint removed to federal court, because the state court where it was originally filed lacked jurisdiction, but also holds henceforth that defendants must raise this defect within 30 days of removal. (This is the firstContinue reading “Seventh Circuit Affirms Dismissal Under the Doctrine of Derivative Jurisdiction, But Devises Prospective 30-Day Deadline for Defendants to Raise This Objection”
In A 111-Page Opinion, Divided Tenth Circuit Panel Voids a Conviction Because of a “Best Evidence Rule” Violation
In United States v. Chavez, No. 17-8096 (10th Cir. Sept. 30, 2020), the panel majority tosses a conviction based on a violation of the Best Evidence Rule, Fed. R. Evid. 1002. Instead of playing audio recordings of surveillance tapes, the district court made the jury rely on translated paper transcripts. The panel holds that RuleContinue reading “In A 111-Page Opinion, Divided Tenth Circuit Panel Voids a Conviction Because of a “Best Evidence Rule” Violation”
Plaintiff Had Standing to Represent Customers Who Paid Automatic Gratuities at All 49 Hotel Locations in Florida, Holds Eleventh Circuit
In Fox v. The Ritz-Carlton Hotel Company, LLC, No. 19-10361 (11th Cir. Sept. 29, 2020), the Eleventh Circuit reverses dismissal of a putative class action, holding that the class representative – who ate at three Ritz-Carlton restaurants, and alleged violations of the Florida Deceptive and Unfair Trade Practices Act – could bring a claim onContinue reading “Plaintiff Had Standing to Represent Customers Who Paid Automatic Gratuities at All 49 Hotel Locations in Florida, Holds Eleventh Circuit”
The U.S. House of Representatives Has Institutional Standing to Challenge Alleged Violation of the Appropriations Clause, Holds D.C. Circuit
In United States House of Representatives v. Mnuchin, No. 19-5176 (D.C. Cir. Sept. 25, 2020), a panel of the D.C. Circuit holds that the House has institutional standing as a legislative body to challenge the alleged misappropriation of funds by the White House to pay for construction of a border wall. “Congress enacted a budgetContinue reading “The U.S. House of Representatives Has Institutional Standing to Challenge Alleged Violation of the Appropriations Clause, Holds D.C. Circuit”
Sixth Circuit Dashes the Concept of a Rule 23 “Negotiating” Class
In In re Nat’l Prescription Opiate Litig., No. 19-4097 (6th Cir. Sept. 24, 2020), a divided panel of the Sixth Circuit rebuffs a novel attempt to certify a Rule 23 class in a massive multi-district litigation (MDL) proceeding, solely for the purpose of giving the parties a vehicle for negotiating a global resolution. “The nationalContinue reading “Sixth Circuit Dashes the Concept of a Rule 23 “Negotiating” Class”
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