In Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General New Jersey, No. 19-3142 (3d Cir. Sept. 1, 2020) – a constitutional challenge to the state’s ban on large capacity magazines (“LCMs”) – the panel holds that the first appellate decision in the case denying a preliminary injunction (910 F.3d 106, 111Continue reading “Prior Panel Opinion at Preliminary Injunction Stage Was Law of the Case and Thus Binding on Second Appeal of Summary Judgment, Holds Third Circuit”
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Settlement of Accounting Malpractice Case Was Gross Income, Holds Eleventh Circuit
In McKenney v. United States, No. 18-10810 (11th Cir. Sept. 1, 2020), in a matter of first impression, holds that the settlement of an accountant malpractice lawsuit is includable in gross income, even if the alleged damages concerned the payment of federal taxes. The panel gives no credence to several items in the record thatContinue reading “Settlement of Accounting Malpractice Case Was Gross Income, Holds Eleventh Circuit”
Second Circuit Announces Stringent Standards for Administrative Closure of a Civil Case When a Plaintiff Is Unavailable
In Rodriguez v. Gusman, No. 19-2213 (2d Cir. Aug. 31, 2020), the Second Circuit holds that administrative closure of a civil case when a plaintiff is absent is “a last resort that is appropriate only when all other alternatives are virtually impossible or so impractical as to significantly interfere with the operations of the districtContinue reading “Second Circuit Announces Stringent Standards for Administrative Closure of a Civil Case When a Plaintiff Is Unavailable”
Under “Unique Facts,” Ninth Circuit Vacates Conviction Because Judge Improperly Dismissed a Juror Hours into Deliberations
In United States v. Litwin, No. 17-10429 (9th Cir. Aug. 27, 2020), the panel hold that the district court violated a defendant’s Sixth Amendment right to a unanimous jury verdict when it dismissed a juror hours into deliberation, based on findings that lacked support in the record. Fed. R. Crim. P. 23(b)(3) permits a courtContinue reading “Under “Unique Facts,” Ninth Circuit Vacates Conviction Because Judge Improperly Dismissed a Juror Hours into Deliberations”
Dismissal of “All Claims … Without Prejudice” Is an Appealable Final Judgment, Holds Fifth Circuit
In Umbrella Investment Group, LLC, et al v. Wolters Kluwer Finan. Servs., Inc., No. 20-30078 (5th Cir. Aug. 26, 2020), the panel holds that it has appellate jurisdiction over the dismissal of “all claims … without prejudice” for failure to state a claim under Fed. R. Civ. P. 12(b)(6), by alleging fraud without the specificityContinue reading “Dismissal of “All Claims … Without Prejudice” Is an Appealable Final Judgment, Holds Fifth Circuit”
Ninth Circuit Holds That Filing of Fee Petition Under Lanham Act Does Not Toll Period for Filing Notice of Appeal, Splitting with the Seventh Circuit
In Nutrition Distribution LLC V. IronMag Labs, LLC, No. 19-55251 (9th Cir. Aug. 25, 2020), the Ninth Circuit decides – as a matter of first impression for that court – that the filing of a fee petition under Fed. R. Civ. P. 54(d) in a Lanham Act case does not extend the 30-day limitations periodContinue reading “Ninth Circuit Holds That Filing of Fee Petition Under Lanham Act Does Not Toll Period for Filing Notice of Appeal, Splitting with the Seventh Circuit”
Seventh Circuit Casts Skeptical Eye on Municipal Taxpayer Standing in Challenge to Obama Presidential Center
In Protect Our Parks, Inc. v. Chicago Park Dist., No. 19-2308 (7th Cir. Aug. 21, 2020), the panel holds that a resident of Chicago lacked so-called “taxpayer standing” to challenge construction of the Obama Presidential Center (“OPC”) in historic Jackson Park on Chicago’s South Side. Indeed, the panel casts doubt whether such a doctrine evenContinue reading “Seventh Circuit Casts Skeptical Eye on Municipal Taxpayer Standing in Challenge to Obama Presidential Center”
A Federally-Chartered Corporation Is a Citizen of Where It Has Its Principal Place of Business, Holds Fourth Circuit
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”
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”
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