Tag Archives: Contempt

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”

Eleventh Circuit Holds That a Former Employee Is Not an “Employee” Bound by an Injunction Under Fed. R. Civ. P. 65(d)

In United States v. Robinson, No. 22-10949 (11th Cir. Sept. 28, 2023), the Eleventh Circuit vacates the criminal contempt conviction of a former employee of an enjoined corporation, holding that former employees are not “employees” within the intendment of Fed. R. Civ. P. 65(d)(2) and that the government did not prosecute the defendant under theContinue reading “Eleventh Circuit Holds That a Former Employee Is Not an “Employee” Bound by an Injunction Under Fed. R. Civ. P. 65(d)”

Eleventh Circuit Splits with Second and Holds That Contempt Order Without Sanctions Is Not An Appealable Final Order

Declaring a split with the Second Circuit, the Eleventh Circuit in In re Grand Jury Subpoena, FGJ-21-01-MIA, No. 21-13651 (11th Cir Jan. 31, 2023) holds that when a district court holds a party in civil contempt for failing to comply with a subpoena but enters no sanctions, the order is not an appealable final order.Continue reading “Eleventh Circuit Splits with Second and Holds That Contempt Order Without Sanctions Is Not An Appealable Final Order”

Ninth Circuit Affirms Issuance of Arrest Warrant for Defendant Under Recalcitrant Witness Statute Who Failed to Respond to Paper Discovery

In Invesco High Yield Fund v. Jecklin, No. 21-15809 (9th Cir. Aug. 25, 2021), the Ninth Circuit affirms contempt sanctions against a foreign defendant under 28 U.S.C. § 1826(a), the federal recalcitrant witness statute. The statute provides that when a witness refuses to testify or provide other information, the court “may summarily order his confinementContinue reading “Ninth Circuit Affirms Issuance of Arrest Warrant for Defendant Under Recalcitrant Witness Statute Who Failed to Respond to Paper Discovery”