On Remand from U.S. Supreme Court, First Circuit Upholds Original Decision to Remand Massive Fossil-Fuel Case to Rhode Island State Court

The First Circuit returns to State of Rhode Island v. Shell Oil Prods. Co., LLC, No. 19-1818 (1st Cir. May 24, 2020) – previously discussed on this blog on November 20, 2020 (No Appellate Jurisdiction Over Remand Order Under 28 U.S.C. § 1447(d) Except on Federal-Officer Ground, Holds First Circuit) – and addresses the unansweredContinue reading “On Remand from U.S. Supreme Court, First Circuit Upholds Original Decision to Remand Massive Fossil-Fuel Case to Rhode Island State Court”

Third Party Could Not Intervene in Settled Individual Civil Rights Case to Turn It into a Rule 23 Class Action, Seventh Circuit Holds

In Ali v. City of Chicago, No. 21-1536 (7th Cir. May 17, 2022), the Seventh Circuit holds that a district court did not abuse its discretion by refusing to grant Fed. R. Civ. P. 24 intervention into an existing but settled individual § 1983 claim with the intention of converting it into a Fed. R. Civ.Continue reading “Third Party Could Not Intervene in Settled Individual Civil Rights Case to Turn It into a Rule 23 Class Action, Seventh Circuit Holds”

Despite “Predicament” That Plaintiffs May Get No Appeal on the Merits, Eleventh Circuit Holds That There Is No Jurisdiction to Review a Partial Dismissal Where the Rest of the Claims Were Transferred to Another Circuit

In Jenkins v. Prime Ins. Co., No. 21-11104 (11th Cir. May 4, 2022), the Eleventh Circuit holds that where a district court dismisses part of case on the merits and transfers the rest out of circuit under 28 U.S.C. § 1404(a), the partial dismissal is not a final decision subject to appeal under 28 U.S.C.Continue reading “Despite “Predicament” That Plaintiffs May Get No Appeal on the Merits, Eleventh Circuit Holds That There Is No Jurisdiction to Review a Partial Dismissal Where the Rest of the Claims Were Transferred to Another Circuit”

Fifth Circuit Judges Clash in Gun “Free Speech” Case About Whether Mandamus Was Appropriate Relief to Vacate Joint Severance and Transfer Order

In Defense Distributed v. Bruck, No. 21-50327 (5th Cir. Apr. 1, 2022), a 2-1 panel of the Fifth Circuit issues a writ of mandamus directing a federal judge in the Western District of Texas to vacate an order severing and transferring part of a case to the District of New Jersey, and to request thatContinue reading “Fifth Circuit Judges Clash in Gun “Free Speech” Case About Whether Mandamus Was Appropriate Relief to Vacate Joint Severance and Transfer Order”

Referral of Lawyer to Disciplinary Committee Is Not an Appealable Final Judgment, Holds D.C. Circuit

In Wisconsin Voters Alliance v. Harris, No. 21-5056 (D.C. Cir. Mar. 22, 2022), the D.C. Circuit holds that a district court judge’s decision to refer a lawyer to a bar disciplinary committee for misconduct was not a final judgment subject to appeal under 28 U.S.C. § 1291. “To call the underlying action in this caseContinue reading “Referral of Lawyer to Disciplinary Committee Is Not an Appealable Final Judgment, Holds D.C. Circuit”

Split Eleventh Circuit Panel Holds That 28 U.S.C. § 1453(c)(1) Grants No Appellate Jurisdiction Over Remand to State Court Under CAFA If the District Court Grants It Sua Sponte

In Ruhlen, et al. v. Holiday Haven Homeowners, Inc., No. 21-90022 (11th Cir. Mar 10, 2022), owing to a quirk in the statutory language, a 2-1 panel holds that 28 U.S.C. § 1453(c)(1) – which ordinarily allows a U.S. Court of Appeals to hear an appeal “from an order of a district court granting orContinue reading “Split Eleventh Circuit Panel Holds That 28 U.S.C. § 1453(c)(1) Grants No Appellate Jurisdiction Over Remand to State Court Under CAFA If the District Court Grants It Sua Sponte”

Injunctive Order in State-Court Action Removed to Federal Court Not Immediately Appealable Under 28 U.S.C. § 1292(a)(1), Holds Sixth Circuit

In Schuler v. Adams, No. 21-1613 (6th Cir. Mar. 7, 2022), the Sixth Circuit faces the novel question of whether a preliminary injunction entered in a state-court action before it is removed to federal court can be immediately appealed under 28 U.S.C. § 1292(a)(1). The panel dismisses the appeal, holding that it has “jurisdiction onlyContinue reading “Injunctive Order in State-Court Action Removed to Federal Court Not Immediately Appealable Under 28 U.S.C. § 1292(a)(1), Holds Sixth Circuit”

Tenth Circuit Affirms Preliminary Injunction Under Lanham Act, but “Went Too Far” With Mandatory Provision Requiring Removal of Two Sculptures from School Campus

In The Trial Lawyers College v. Gerry Spence Trial Lawyers College, No. 20-8038 (10th Cir. Jan. 27, 2022), the Tenth Circuit substantially affirms a district court’s preliminary injunction in a dispute between two rival factions at a trial-lawyer school, though it holds the district court abused its discretion by  “ordering removal of sculptures bearing theContinue reading “Tenth Circuit Affirms Preliminary Injunction Under Lanham Act, but “Went Too Far” With Mandatory Provision Requiring Removal of Two Sculptures from School Campus”

State Lacked Standing to Challenge Appointment of Federal Defender in State Post-Conviction Proceedings, Holds Eleventh Circuit

In Booker v. Florida Dep’t of Corr., No. 20-14539 (11th Cir. Jan. 3, 2021), an Eleventh Circuit panel holds that whatever intrusion it might present on an ongoing state proceeding, the state lacks Article III standing to object to appointment of a federal defender to represent a death-row prisoner in a state post-conviction proceeding. BookerContinue reading “State Lacked Standing to Challenge Appointment of Federal Defender in State Post-Conviction Proceedings, Holds Eleventh Circuit”

Eleventh Circuit Casts Doubt on “Matter of Substantive Law” Exception to Appellate Jurisdictional Bar of 28 U.S.C. § 1447(d)

In Vachon v. Travelers Home & Mar. Ins. Co., No. 20-12765 (11th Cir. Dec. 14, 2021), the Eleventh Circuit held that it lacked appellate jurisdiction over a remand order under 28 U.S.C. § 1447(d), rejecting application of the “matter of substantial law” exception. In a concurring opinion, two judges hold that they would have affirmedContinue reading “Eleventh Circuit Casts Doubt on “Matter of Substantive Law” Exception to Appellate Jurisdictional Bar of 28 U.S.C. § 1447(d)”