Acknowledging a circuit split, the Fourth Circuit holds in Navy Federal Credit Union v. LTD Financial Services, LP, No. 19-1341 (4th Cir. Aug. 20, 2020), that for diversity of purposes, a federally-chartered corporation is deemed a “citizen” where it maintains its principal place of business under 28 U.S.C. § 1332(c)(1). The decision creates a split inContinue reading “A Federally-Chartered Corporation Is a Citizen of Where It Has Its Principal Place of Business, Holds Fourth Circuit”
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New Jersey Attorney General Cease-and-Desist Letter Sent to Second-Amendment Organization in Texas Supported Personal Jurisdiction There, Holds Fifth Circuit
In Defense Distributed v. Grewal, No. 19-50723 (5th Cir. 19-50723), the Fifth Circuit reverses dismissal, on personal jurisdiction grounds, of a suit between the Attorney General of New Jersey (Grewal) and two organizations – Defense Distributed and Second Amendment Foundation (“SAF”). Defense Distributed, located in Austin, Texas, makes computer files available by download for peopleContinue reading “New Jersey Attorney General Cease-and-Desist Letter Sent to Second-Amendment Organization in Texas Supported Personal Jurisdiction There, Holds Fifth Circuit”
Judge Did Not Err in Recalling Jury When Courtroom Deputy Announced That They “Made a Mistake” on the Verdict Form, Second Circuit Holds
In Emamian v. Rockefeller Univ., No. 19-127 (2d Cir. Aug. 19, 2020), the Second Circuit upholds a jury verdict over the defendant’s objection that a discharged jury should not have been recalled to continue deliberations and submit a new verdict form. After a six-week jury trial of a race and national-origin discrimination claim under theContinue reading “Judge Did Not Err in Recalling Jury When Courtroom Deputy Announced That They “Made a Mistake” on the Verdict Form, Second Circuit Holds”
Ruling on Daubert Motion Furnished Orally by Law Clerk Invalid, Holds Third Circuit
In United States v. Heinrich, No. 19-3035 (3d Cir. Aug. 18, 2020), the Third Circuit holds that the district court failed to exercise discretion by assigning a law clerk to inform the lawyers of the ruling by phone, then failing to docket a written explanation. The defendant plead guilty on a child pornography conditioned onContinue reading “Ruling on Daubert Motion Furnished Orally by Law Clerk Invalid, Holds Third Circuit”
Premature Notice of Appeal Tanks Jurisdiction, Holds First Circuit, Creating Circuit Split
In Donahue v. FNMA, No. 19-1618 (1st Cir. Aug. 14, 2020), the court holds that a notice of appeal filed before the last of the parties is dismissed does not confer appellate jurisdiction and cannot be corrected later by filing a voluntary dismissal in the district court. At least three circuits have held, to theContinue reading “Premature Notice of Appeal Tanks Jurisdiction, Holds First Circuit, Creating Circuit Split”
Fifth Circuit Holds That District Court Has “Ancillary Enforcement Jurisdiction” To Decide Belated Fee Petition, Then Affirms Denial of Fees
In Zimmerman v. City of Austin, Texas, No. 19-50857 (5th Cir. Aug. 13, 2020) , the plaintiff who won a partial victory in a First Amendment trial failed to file a timely attorney’s fee petition under 42 U.S.C. § 1988(d), either for the trial or the direct appeal (881 F.3d 378 (5th Cir. 2018)) affirmingContinue reading “Fifth Circuit Holds That District Court Has “Ancillary Enforcement Jurisdiction” To Decide Belated Fee Petition, Then Affirms Denial of Fees”
Union Took Wrong Route to Challenge Inclusion in Declaratory Judgment, Holds Seventh Circuit
In Shakman v. Clerk of the Circuit Court, No. 19-2772 (7th Cir. Aug. 13, 2020), the Seventh Circuit dismisses an appeal on the ground that the union bringing it was not a party to the action below, and thus the court lacked jurisdiction to consider its challenge a declaratory judgment that affected its operations. Shakman,Continue reading “Union Took Wrong Route to Challenge Inclusion in Declaratory Judgment, Holds Seventh Circuit”
Testimony About Anonymous Crime Tip Written on a Traffic Cone Outside Suspect’s Home Was Inadmissible Hearsay, But Not Grounds for Reversal, Holds Eighth Circuit
In United States v. Bartunek, No. 19-1584 (8th Cir. Aug. 12, 2020), the Eighth Circuit holds that it was error for a police investigator to testify about a message left anonymously outside a suspect’s home – a traffic cone with the word “chimo” (for “child molester”) written near the bottom. The conviction stands, though, becauseContinue reading “Testimony About Anonymous Crime Tip Written on a Traffic Cone Outside Suspect’s Home Was Inadmissible Hearsay, But Not Grounds for Reversal, Holds Eighth Circuit”
Perfunctory Fed. R. Civ. P 54(b) Certification Fails to Confer Appellate Jurisdiction, Holds D.C. Circuit
In a breach-of-privacy action, Attias v. CareFirst, Inc., No. 19-7020 (D.C. Cir. Aug. 11, 2020), the D.C. Circuit holds that the district court’s failure to explain his Rule 54(b) dismissal of some plaintiffs and claims dashes jurisdiction over an appeal. Seven plaintiffs filed a putative class action against a health insurer following a hack ofContinue reading “Perfunctory Fed. R. Civ. P 54(b) Certification Fails to Confer Appellate Jurisdiction, Holds D.C. Circuit”
Removal to the Wrong Federal District Court Is A Procedural, Not Jurisdictional, Defect According to the Fifth Circuit
In Hinkley v. Envoy Air, Inc., No. 19-10848 (5th Cir. Aug. 4, 2020), the panel is presented with a convoluted problem of removal from state court under 28 U.S.C. § 1441(a) that was filed in the wrong federal district. The panel holds that such a defect is only procedural rather than jurisdictional and was thusContinue reading “Removal to the Wrong Federal District Court Is A Procedural, Not Jurisdictional, Defect According to the Fifth Circuit”
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