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”
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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”
Loss of Per Diem Payments Was Not Enough to Secure Article III Standing for Commissioners Fighting Reorganization of an Airport Authority, Holds the Fifth Circuit (in the Fourth Appeal of the Case)
While monetary loss is almost always deemed sufficient to trigger Article III standing, in Jones v. Reeves, No. 24-60371 (5th Cir. Nov. 19, 2024), a Fifth Circuit panel dismisses an eight-year old case (on its fourth appeal) on the ground that the plaintiffs lacked Article III standing to protect per diem payments they recieved byContinue reading “Loss of Per Diem Payments Was Not Enough to Secure Article III Standing for Commissioners Fighting Reorganization of an Airport Authority, Holds the Fifth Circuit (in the Fourth Appeal of the Case)”
Grant of Preliminary Injunction by One Judge in the District Moots Appeal of Denial of Preliminary Injuction by Another Judge, Holds Tenth Circuit
In We the Patriots, et al. v. Grisham, No. 23-2066 (10th Cir. Oct. 28, 2024), the Tenth Circuit dismisses an appeal of the denial of preliminary injunction where, in a different case in the same district, another judge granted the same relief. This is important for cases governed by “prevailing party” fee-shifting statutes, because ifContinue reading “Grant of Preliminary Injunction by One Judge in the District Moots Appeal of Denial of Preliminary Injuction by Another Judge, Holds Tenth Circuit”
Ninth Circuit Reassigns a Case Where the Judge and Defendant Formerly Clerked Together for the Same Ninth Circuit Judge
In Creech v. U.S. Dist. Ct. for the District of Idaho, No. 24-4455 (9th Cir. Oct. 16, 2024), the Ninth Circuit grants mandamus to remove a district court judge in a case where the judge admitted a long-term friendship with one of the defendants, going back to when they were Ninth Circuit clerks. This comesContinue reading “Ninth Circuit Reassigns a Case Where the Judge and Defendant Formerly Clerked Together for the Same Ninth Circuit Judge”
State Need Not Allege A “Policy or Practice” Violation Against a Class of Citizens to Have Parens Patriae Standing in Federal Court, Second Circuit Holds
In New York v. Niagara-Wheatfield Central Sch. Dist., No. 22-2178 (2d Cir. Oct. 15, 2024), the Second Circuit reverses a Fed. R. Civ. P. 12(c) judgment on the pleadings, holding that the State of New York pled sufficient grounds for parens patriae standing without alleging a policy-or-practice violation against a target population of state residents.Continue reading “State Need Not Allege A “Policy or Practice” Violation Against a Class of Citizens to Have Parens Patriae Standing in Federal Court, Second Circuit Holds”
Fifth Circuit Orders Removal of District Court Judge from Institutional Reform Lawsuit for Alleged “Intemperate Conduct” During Contempt Proceedings
In M.D. v. Abbott, No. 24-40248 (5th Cir. Oct. 11, 2024), a Fifth Circuit panel reverses an order of contempt against the State of Texas and orders reassignment of a case involving the state’s foster care system to another federal district court judge. “Plaintiffs are a class of minor children who challenged the constitutionality ofContinue reading “Fifth Circuit Orders Removal of District Court Judge from Institutional Reform Lawsuit for Alleged “Intemperate Conduct” During Contempt Proceedings”
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