Tag Archives: Due Process

First Circuit Holds That Massachusetts-Based Court Lacked Personal Jurisdiction Over Foreign Website That Allegedly Defamed a Domestic Resident

In Lin v. TipRanks, Ltd., No. 20-1001 (1st Cir. Nov. 23, 2021), the First Circuit elides a difficult question of personal jurisdiction – whether federal constitutional due process “permits a defamation plaintiff to assert personal jurisdiction over an out-of-forum defendant that operates a for-profit website that trades on assertions about individuals’ reputations, absent the defendantContinue reading “First Circuit Holds That Massachusetts-Based Court Lacked Personal Jurisdiction Over Foreign Website That Allegedly Defamed a Domestic Resident”

Foreign Defendants Have No Due Process Right to Personally Attend a Civil Forfeiture Hearing, Holds Eleventh Circuit

In USA v. Approximately $281,110.00, No. 20-11107 (11th Cir. Oct. 13, 2021), the Eleventh Circuit affirms a civil forfeiture verdict where the jury rejected an innocent-owner defense for Chinese nationals who were barred from entering the country for trial. “The main issue on appeal is whether foreign nationals have a constitutional right to enter theContinue reading “Foreign Defendants Have No Due Process Right to Personally Attend a Civil Forfeiture Hearing, Holds Eleventh Circuit”

Assistant U.S. Attorney Who Told Jury That Reasonable Doubt Is the Confidence of “Having a Meal” Without Getting “Sick” Earns the Defendant a New Trial, Holds Ninth Circuit

In United States v. Velazquez, No. 19-50099 (9th Cir. June 22, 2021), a 2-1 panel orders a new trial for a defendant where “the prosecutor trivialized” the reasonable-doubt standard during closing argument, comparing it to “something that you use every single day in your life” such as “having a meal … firmly convinced that theContinue reading “Assistant U.S. Attorney Who Told Jury That Reasonable Doubt Is the Confidence of “Having a Meal” Without Getting “Sick” Earns the Defendant a New Trial, Holds Ninth Circuit”

Seventh Circuit Vacates District Court’s Rejection of Magistrate Judge’s Credibility Findings Without a Hearing

In McIntosh v. Wexford Health Sources, Inc., No. 19-1095 (7th Cir. Feb. 5, 2021), the Seventh Circuit holds that the district court erred by reversing a magistrate judge’s ruling that a prisoner exhausted his remedies under the Prison Litigation Reform Act (PLRA) “without itself holding a new hearing upon which to base its own credibilityContinue reading “Seventh Circuit Vacates District Court’s Rejection of Magistrate Judge’s Credibility Findings Without a Hearing”