In Beber v. NavSav Holdings, LLC, No. 23-2965 (8th Cir. Oct. 1, 2024), a 2-1 panel holds, in dueling lawsuits over noncompete and nonsolicitation covenants, that a first-filed case commenced in Nebraska state court remained first-filed even when removed to federal district court. Judge Kelly dissents in part. On June 16, 2023, employees Beber, Roach,Continue reading “Removal of Case from State to Federal Court Does Not Affect Application of First-Filed Rule, Split Eighth Circuit Panel Holds”
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State of Texas Has No Seventh Amendment Right to a Jury Trial for Border Barrier Defense, Holds Fifth Circuit
In In re Greg Abbott, No. 24-50620 (5th Cir. Sept. 20, 2024), the Fifth Circuit denies mandamus in a case where Texas unsuccessfully demanded for a jury trial in a suit by the United States to remove a 1000-foot border obstruction. The panel holds that the state has no demonstrated Seventh Amendment right to aContinue reading “State of Texas Has No Seventh Amendment Right to a Jury Trial for Border Barrier Defense, Holds Fifth Circuit”
Federal Judge Who Spoke Over 80% of Defendant’s Allocution Did Not Commit Plain Error, Split Seventh Circuit Panel Holds
In United States v. Bowyer, No. 23-3169 (7th Cir. Sept. 18, 2024), a 2-1 panel upheld a conviction over an argument that a district court judge effectively deprived the defendant of his right to allocution, dominating the procedure by his own bench comments. Judge Jackson-Akiwumi files a dissent. “Andre Bowyer, a national of Jamaica, pleadedContinue reading “Federal Judge Who Spoke Over 80% of Defendant’s Allocution Did Not Commit Plain Error, Split Seventh Circuit Panel Holds”
Attorney’s Fee Award Only Became Final When the District Court “Quantifi[ed]” It, Leading to Partial Dismissal of Appeal by Eighth Circuit
In Deering v. Lockheed Martin Corp., No. 23-2853 (8th Cir. Sept. 17, 2024), the Eighth Circuit dismisses in part an appeal of sanctions against an employment-discrimination plaintiff because she filed the notice of appeal before the judge below calculated the attorney’s fees, then failed to amend the notice to appeal the fee award. According toContinue reading “Attorney’s Fee Award Only Became Final When the District Court “Quantifi[ed]” It, Leading to Partial Dismissal of Appeal by Eighth Circuit”
Second Circuit Holds That Late Filing Under Fed. R. App. P. 4(a)(4)(A) Is Not Subject to Equitable Exceptions, Overruling Prior Circuit Authority
In Malek v. Feigenbaum, No. 23-992 (2d Cir. Sept. 11, 2024), the Second Circuit dismisses an appeal filed belatedly under Fed. R. App. P. 4(a)(4)(A), and further holds under the intervening authority of Nutraceutical Corp. v. Lambert, 586 U.S. 188 (2019), negates prior circuit authority that might have recognized equitable exceptions to the 30-day deadline.Continue reading “Second Circuit Holds That Late Filing Under Fed. R. App. P. 4(a)(4)(A) Is Not Subject to Equitable Exceptions, Overruling Prior Circuit Authority”
Say It (Over and Over Again): Fifth Circuit Orders District Court to Consider Diversity of Citizenship a Second Time
In J.A. Masters v. Beltramini, No. 23-20292 (5th Cir. Sept. 9, 2024), the Fifth Circuit finds itself returning a fully-tried case to the district court – for a second time – to adjudicate whether it had diversity jurisdiction. Judge Haynes files a dissent. “This appeal comes to us following a five-day jury trial. Plaintiffs J.A.Continue reading “Say It (Over and Over Again): Fifth Circuit Orders District Court to Consider Diversity of Citizenship a Second Time”
Second Circuit Panel Divides Over Whether Unconsented Felony Trial to a Jury of Eleven Constitutes a Structural Error, Creating Split with the Fourth Circuit
In United States v. Johnson, No. 22-1289 (2d Cir. Sept. 6, 2024), while that panel agrees that the district court erred under Federal Rule of Criminal Procedure 23(b) by allowing the case to go to deliberation with just eleven jurors, it splits over the impact of the error. The panel majority holds that the ruleContinue reading “Second Circuit Panel Divides Over Whether Unconsented Felony Trial to a Jury of Eleven Constitutes a Structural Error, Creating Split with the Fourth Circuit”
No Championship Season for Sectarian Football Team Seeking Injunction to Commandeer the PA System for Prayer, Holds Eleventh Circuit
In Cambridge Christian School, Inc. v. Florida High School Athletic Association, Inc., 22-11222 (11th Cir. Sept. 3, 2024), a Free Exercise case brought on behalf of a Christian-school football team, the panel holds that the plaintiff had no standing for declaratory or injunctive relief to use the stadium public-address system for group prayer, where itContinue reading “No Championship Season for Sectarian Football Team Seeking Injunction to Commandeer the PA System for Prayer, Holds Eleventh Circuit”
Sixth Circuit Holds That “Legitimate Questions” About Content of Legal Instruments Attached to Defendant’s Motion Precludes Dismissal Under Fed. R. Civ. P. 12(b)(6)
In Moyer v. GEICO, No. 23-4015 (6th Cir. Aug. 26, 2024), the Sixth Circuit reverses dismissal of an ERISA case when the plaintiff raised “legitimate questions” about the completeness of the plan documents attached to defendant’s Fed. R. Civ. P. 12(b)(6) motion to dismiss. “Cases often depend on the contents of legal instruments, such asContinue reading “Sixth Circuit Holds That “Legitimate Questions” About Content of Legal Instruments Attached to Defendant’s Motion Precludes Dismissal Under Fed. R. Civ. P. 12(b)(6)”
Ninth Circuit Resolves Intracircuit Conflict on Law-of-the-Case, Tightening Standard for Successor Judge Reconsideration of Prior Decisions
In Zeyen v. Bonneville Joint Dist., No. 23-35438 (9th Cir. Aug. 23, 2024), the Ninth Circuit holds that when an open case is reassigned to a new district court judge, the successor may only reverse a predecessor’s decision when it is both “clearly erroneous and . . . its enforcement would work a manifest injustice.”Continue reading “Ninth Circuit Resolves Intracircuit Conflict on Law-of-the-Case, Tightening Standard for Successor Judge Reconsideration of Prior Decisions”
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