In Thompson v. Army and Air Force Exchange Service, No. 23-2447 (7th Cir. Jan. 8, 2025), the Seventh Circuit holds that a federal agency that removes an action from state court under 28 U.S.C. § 1442 is not entitled to dismissal in federal court on a finding that the federal court lacks subject-matter jurisdiction, andContinue reading “Federal Agencies Do Not Have An “Unfettered Right to Litigate in Federal Court” Under 28 U.S.C. § 1442, Holds Seventh Circuit”
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Split Fifth Circuit Panel Holds That Damages Order Should Not Have Been Certified for Interlocutory Appeal Under § 1292(b), Dismissing Case for Lack of Jurisdiction
In Silverthorne v. Sterling Seismic Services, Ltd., No. 24-20006 (5th Cir. Jan. 3, 2025), a Fifth Circuit panel divides over whether the court should have accepted a 28 U.S.C. § 1292(b) interlocutory appeal from a certified order about a jury instruction addressing damages. Section § 1292(b) allows a district court to certify an order forContinue reading “Split Fifth Circuit Panel Holds That Damages Order Should Not Have Been Certified for Interlocutory Appeal Under § 1292(b), Dismissing Case for Lack of Jurisdiction”
Parties’ Mutual Mistake about Legal Basis of Restitutionary Remedy Did Not Overcome Express Waiver of Seventh Amendment Jury Right, Holds Ninth Circuit
In Consumer Financial Protection Bureau v. CashCall, Inc., No. 23-55259 (9th Cir. Jan. 3, 2025), the Ninth Circuit holds the defendant to its express waiver of a Seventh Amendment jury right, affirming an award of more than $134 million in legal restitution against it. The panel declines to excuse the jury waiver on the groundContinue reading “Parties’ Mutual Mistake about Legal Basis of Restitutionary Remedy Did Not Overcome Express Waiver of Seventh Amendment Jury Right, Holds Ninth Circuit”
Sixth Circuit Addresses Tension in Supreme Court Legislator-Standing Authority
In Lindsey v. Whitmer, No. 24-1413 (6th Cir. Dec. 20, 2024), the Sixth Circuit struggled to reconcile two lines of Supreme Court authority about the standing of state legislators to bring federal-court lawsuits challenging the constitutionality of a state law. “The Michigan Constitution . . . . empowers citizens to amend the state constitution directlyContinue reading “Sixth Circuit Addresses Tension in Supreme Court Legislator-Standing Authority”
District Court Did Not Err in Denying Defense Attorney Leave to Show Previously-Unseen Video Clips During Closing Argument, Holds Eleventh Circuit
In United States v. Simmons, No. 22-12148 (11th Cir. Dec. 6, 2024), the Eleventh Circuit affirms a drug and firearm possession conviction, holding that the district court did not err by preventing the defense lawyer from showing excerpts from a video exhibit in closing arguments that were not previously shown to the jury. “During itsContinue reading “District Court Did Not Err in Denying Defense Attorney Leave to Show Previously-Unseen Video Clips During Closing Argument, Holds Eleventh Circuit”
Fourth Circuit Holds Fed. R. App. P. 4(a)(4)(A) Applies to Interlocutory Appeals, Creating a Split with the Eleventh Circuit
In Gelin v. Baltimore Cnty., No. 23-1541 (4th Cir. Dec. 4, 2024), the Fourth Circuit holds an appeal before it “in abeyance” until the district court decides a pending Fed. R. Civ. P. 59 motion. The panel has occasion to decide that Fed. R. App. P. 4(a)(4)(A) – which provides that certain motions in theContinue reading “Fourth Circuit Holds Fed. R. App. P. 4(a)(4)(A) Applies to Interlocutory Appeals, Creating a Split with the Eleventh Circuit”
Fourth Circuit Castigates District Court for Reopening Case on Remand, Even Though a Concurring Judge Originally Suggested That Possibility
In R.A. v. McClenahan, No. 24-1008 (4th Cir. Dec. 3, 2024), the Fourth Circuit reverses a district court’s action granting leave to the plaintiff to amend their complaint after remand from the first appeal, despite that a panelist on the first appeal (who has since taken senior status) expressly suggested that course in a separateContinue reading “Fourth Circuit Castigates District Court for Reopening Case on Remand, Even Though a Concurring Judge Originally Suggested That Possibility”
The Fifth and Ninth Circuits Reach Opposite Outcomes in Immigration Cases Where the United States Invokes Intergovernmental Immunity Against State and Local Governments
Last week, in United States v. King Cnty., No. 23-35362 (9th Cir. Nov. 29, 2024) and State of Texas v. U.S. Dep’t of Homeland Security, No. 23-50869 (5th Cir. Nov. 27, 2024), the Fifth and Ninth Circuits follow different paths on the scope of intergovernmental immunity to insulate federal agency actions to enforce federal immigrationContinue reading “The Fifth and Ninth Circuits Reach Opposite Outcomes in Immigration Cases Where the United States Invokes Intergovernmental Immunity Against State and Local Governments”
Not Clicking “NEXT” in ECF Tanks A Lawsuit on Limitations Grounds, Holds the Seventh Circuit
In Dent v. Charles Schwab & Co., Inc., No. 24-1480 (7th Cir. Nov. 22, 2024) (per curiam), the Seventh Circuit affirms dismissal of a Title VII action on limitations grounds, holding that the action was not timely filed because counsel failed to click through to the last screen in the Electronic Case Filing System (ECF)Continue reading “Not Clicking “NEXT” in ECF Tanks A Lawsuit on Limitations Grounds, Holds the Seventh Circuit”
Fourth Circuit Holds District Court Did Not Abuse Discretion in Striking Complaint Filed Pro Se Via Fax Machine
In Folse v. Hoffman, No. 23-1709 (4th Cir. Nov. 20, 2024), the Fourth Circuit finds no error in the district court striking a complaint and dismissing an action, where the pro se plaintiff attempted to file the action “electronically,” by way of a fax machine. “Federal Rule of Civil Procedure 5(d)(3)(B)(i) says pro se litigantsContinue reading “Fourth Circuit Holds District Court Did Not Abuse Discretion in Striking Complaint Filed Pro Se Via Fax Machine”
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