Tag Archives: D.C. Circuit

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”

Failure to Effect Service on U.S. Attorney and Attorney General Under Fed. R. Civ. P. 4(i)(1)(A)–(B) Dooms Lawsuits Against Agencies, Split D.C. Circuit Holds

In Morrissey v. Mayorkas, No. 20-5024 (D.C. Cir. Nov. 9, 2021), the court consolidates two appeals presenting the same issue: whether plaintiffs who properly served the federal agencies where they worked in their age discrimination actions but failed to timely serve the U.S. Attorney for the District of Columbia and the U.S. Attorney General mustContinue reading “Failure to Effect Service on U.S. Attorney and Attorney General Under Fed. R. Civ. P. 4(i)(1)(A)–(B) Dooms Lawsuits Against Agencies, Split D.C. Circuit Holds”

D.C. Circuit, Overruling Its Prior Caselaw, Holds That Local Access of Airline’s Website Does Not Support Personal Jurisdiction

In Erwin-Simpson v. AirAsia Berhad, No. 19-7034 (D.C. Cir. Jan. 19, 2021), the panel affirms an order dismissing a claim for injuries on a 2016 flight from Malaysia to Cambodia, holding that the allegations “did not arise from any activity by AirAsia in the District of Columbia, and the only presence that the airline identifies hereContinue reading “D.C. Circuit, Overruling Its Prior Caselaw, Holds That Local Access of Airline’s Website Does Not Support Personal Jurisdiction”

Court’s “Anti-Deadlock Instructions Likely Coerced a Unanimous Verdict” Requiring Retrial, Holds D.C. Circuit

In United States v. Driscoll, No. 19-3074 (D.C. Cir. Jan. 5, 2021), the panel holds that the district court’s repeated efforts to force a verdict denied the defendant a fair trial and required that the conviction be vacated. “Jury deliberations in Driscoll’s trial began on Tuesday, November 20. The jury deliberated for approximately 45 minutesContinue reading “Court’s “Anti-Deadlock Instructions Likely Coerced a Unanimous Verdict” Requiring Retrial, Holds D.C. Circuit”

D.C. Circuit Panel Splits Over Whether It Has Appellate Jurisdiction to Review Dismissal “Without Prejudice” That Gave Plaintiff Leave to Amend Within 14 Days

In North Am. Butterfly Assoc. v. Wolf,  No. 19-5052 (D.C. Cir. Oct. 13, 2020), a 2-1 panel devotes 41 pages of its opinion (out of 69) to the question of whether it has power to review an ambiguous final judgment. The merits issue in the district court was whether construction of “a segment of theContinue reading “D.C. Circuit Panel Splits Over Whether It Has Appellate Jurisdiction to Review Dismissal “Without Prejudice” That Gave Plaintiff Leave to Amend Within 14 Days”

District Court Did Not Violate Mandate Rule by Taking Agency’s Resource Constraints into Account on Remand, D.C. Circuit Holds

In American Council of the Blind v. Mnuchin, No. 19-5284 (D.C. Cir. Oct. 9, 2020), the D.C. Circuit holds that the nearly two-decade-old struggle to make our paper currency readable for the visually impaired must continue while the Treasury Department struggles to meet both accessibility and security goals. The plaintiff, in a 2002 lawsuit, challengedContinue reading “District Court Did Not Violate Mandate Rule by Taking Agency’s Resource Constraints into Account on Remand, D.C. Circuit Holds”

The U.S. House of Representatives Has Institutional Standing to Challenge Alleged Violation of the Appropriations Clause, Holds D.C. Circuit

In United States House of Representatives v. Mnuchin, No. 19-5176 (D.C. Cir. Sept. 25, 2020), a panel of the D.C. Circuit holds that the House has institutional standing as a legislative body to challenge the alleged misappropriation of funds by the White House to pay for construction of a border wall. “Congress enacted a budgetContinue reading “The U.S. House of Representatives Has Institutional Standing to Challenge Alleged Violation of the Appropriations Clause, Holds D.C. Circuit”

Perfunctory Fed. R. Civ. P 54(b) Certification Fails to Confer Appellate Jurisdiction, Holds D.C. Circuit

In a breach-of-privacy action, Attias v. CareFirst, Inc., No. 19-7020 (D.C. Cir. Aug. 11, 2020), the D.C. Circuit holds that the district court’s failure to explain his Rule 54(b) dismissal of some plaintiffs and claims dashes jurisdiction over an appeal. Seven plaintiffs filed a putative class action against a health insurer following a hack ofContinue reading “Perfunctory Fed. R. Civ. P 54(b) Certification Fails to Confer Appellate Jurisdiction, Holds D.C. Circuit”

Federal Arbitration Act Requires an Immediate Trial to Resolve Genuine Disputes of Material Fact About Arbitrability, Says D.C. Circuit

A district court erred by not holding an immediate trial to resolve a factual dispute about whether the parties agreed to arbitrate an employment discrimination claim. (Jin v. Parsons Corp., No. 19-7019 (D.C. Cir. July 24, 2020).) The Federal Arbitration Act (FAA) spells out a procedure in 9 U.S.C. § 4 for when there isContinue reading “Federal Arbitration Act Requires an Immediate Trial to Resolve Genuine Disputes of Material Fact About Arbitrability, Says D.C. Circuit”