In United States v. Sanmina Corp., No. 18-17036 (9th Cir. Aug. 7, 2020), the Ninth Circuit considers whether two memoranda by a taxpayer’s in-house counsel must be turned over to the IRS. The Ninth Circuit affirms the district court’s finding that any attorney-client privilege was waived, and remands for further review of attorney work-product protectionContinue reading “Ninth Circuit Holds That Attorney Work-Product Protection Is Waived Only When Documents Are Exposed to Adversaries, Not to Consultants or Other Third Parties”
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Criminal Confessions of Cooperating Witnesses Not Admissible as Prior Consistent Statements Under Fed. R. Evid. 801(d)(1)(B), Holds Fifth Circuit
For the second time in the past two weeks, in United States v. Portillo, No. 18-50793 (5th Cir. Aug. 5, 2020), a U.S. Court of Appeals publishes an opinion applying the 2014 amendment to Fed. R. Evid. 801(d)(1)(B) that expanded the admissibility of prior consistent statements. The Second Circuit recently upheld the admission of priorContinue reading “Criminal Confessions of Cooperating Witnesses Not Admissible as Prior Consistent Statements Under Fed. R. Evid. 801(d)(1)(B), Holds Fifth Circuit”
One Day After the Second Circuit Rules, a Split Fourth Circuit Panel Comes Out the Other Way on the Trump Administration’s “Public Charge Rule” and Nationwide Injunctions
Finding “nationwide injunctions” to be a “drastic and extraordinary remedy” restricted “to the most exceptional circumstances,” a divided Fourth Circuit panel holds in Casa De Maryland, Inc. v. Trump, No. 19-2222 (4th Cir. Aug. 5, 2020) that the district court abused its discretion by issuing an injunction that reached beyond the organization and its membersContinue reading “One Day After the Second Circuit Rules, a Split Fourth Circuit Panel Comes Out the Other Way on the Trump Administration’s “Public Charge Rule” and Nationwide Injunctions”
Second Circuit Exercises Discretion to Scale Nationwide Injunction of “Public Charge Rule” Back to Geographic Scope of Circuit
In New York v. United States Dep’t of Homeland Sec., No. 19-3595 (2d Cir. Aug. 4, 2020), the Second Circuit joins the roiling debate about the authority of federal district courts to enter nationwide injunctions against the federal government. The panel affirms a preliminary injunction entered against the Trump Administration’s 2019 amendments to the “publicContinue reading “Second Circuit Exercises Discretion to Scale Nationwide Injunction of “Public Charge Rule” Back to Geographic Scope of Circuit”
State Department Cables Ruled Inadmissible Under Public-Records Exception, Fed. R. Evid. 803(8), by Eleventh Circuit
Creating a possible circuit split, the Eleventh Circuit holds in Eloy Rojas Mamani v. Gonzalo Daniel Sanchez De Lozada Sanchez Bustamante, No. 18-12728 (11th Cir. Aug. 8, 2020), that State Department cables containing unattributed observations about conditions in a foreign country are inadmissible hearsay, not covered by the public-records exception of Fed. R. Evid. 803(8).Continue reading “State Department Cables Ruled Inadmissible Under Public-Records Exception, Fed. R. Evid. 803(8), by Eleventh Circuit”
Fifth Circuit Holds That Article III Standing Must Be Determined Per Violation in Clean Air Act Case Alleging 16,386 Violations
In Environment Texas Citizen Lobby, Inc. v. ExxonMobil Corp., No. 17-20545 (5th Cir. July 29, 2020), noting that heretofore “no court appears to have found standing for some Clean Air Act violations but not others,” a Fifth Circuit panel becomes apparently the first to hold that there must be Article III “standing for each violationContinue reading “Fifth Circuit Holds That Article III Standing Must Be Determined Per Violation in Clean Air Act Case Alleging 16,386 Violations”
Seventh Circuit Refuses to Seal Opinion That Discloses Sensitive Medical Information
In Mitze v. Saul, No. 19-3212 (7th Cir. July 31, 2020) (per curiam), the Seventh Circuit reminds litigants that only extraordinary circumstances justify the sealing of a judicial opinion, and that preventing the disclosure of personal medical information alone is insufficient. In 2013, the plaintiff filed an action appealing the denial of Social Security benefits;Continue reading “Seventh Circuit Refuses to Seal Opinion That Discloses Sensitive Medical Information”
No Federal-Question Jurisdiction Over Declaratory Action Complaint to Block Federal-Law Defense, Holds Eleventh Circuit
In Patel v. Hamilton Medical Center, Inc., No. 19-13088 (11th Cir. July 30, 2020), the Eleventh Circuit holds that there is no federal-question subject matter jurisdiction over a declaratory action brought by a doctor against a hospital for suspending his privileges. Although the plaintiff’s claim arose under state law (and the parties were apparently non-diverse),Continue reading “No Federal-Question Jurisdiction Over Declaratory Action Complaint to Block Federal-Law Defense, Holds Eleventh Circuit”
“Inherent Power” Sanction Against Second Failed TRO Motion Upheld by Split Eighth Circuit Panel
An internecine battle for control of the Eagle Forum – Schlafly v. Eagle Forum, No. 19-2174 (8th Cir. July 30, 2020) – leads to a $9,851.25 attorney’s fees sanction under the district court’s “inherent power,” an award affirmed by a divided Eighth Circuit panel. Plaintiff Andrew L. Schlafly, son of Eagle Forum founder PhyllisContinue reading ““Inherent Power” Sanction Against Second Failed TRO Motion Upheld by Split Eighth Circuit Panel”
“Improperly Filed” Post-Judgment Motion by Non-Lawyer Did Not Toll Filing Deadline for Appeal, Tenth Circuit Holds
In Bunn v. Perdue, No. 19-2138 (10th Cir. July 28, 2020), the court holds that the automatic tolling for the filing of an appeal under Fed. R. App. P. 4(a)(4)(A) does not apply when a post-judgment motion is “improperly filed” by someone other than counsel of record. Plaintiff, who was represented by counsel, lost hisContinue reading ““Improperly Filed” Post-Judgment Motion by Non-Lawyer Did Not Toll Filing Deadline for Appeal, Tenth Circuit Holds”
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