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”

Eleventh Circuit Panel Splits Three Ways on Article III Standing to Challenge Supposedly Inaccessible Hotel Website Under Title III of the Americans with Disabilities Act

In Laufer v. Arpan LLC, No.20-14846 (11th Cir. Mar. 29, 2022), the Eleventh Circuit issues a court opinion and three concurring opinions – 68 total pages – holding that a plaintiff who attempted to access a hotel website had Article III standing to bring a claim under the public accommodations provisions of the ADA, TitleContinue reading “Eleventh Circuit Panel Splits Three Ways on Article III Standing to Challenge Supposedly Inaccessible Hotel Website Under Title III of the Americans with Disabilities Act”

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”

Sixth Circuit and En Banc Eleventh Circuit Each Forgive the Government’s Abandonment of Fourth Amendment Arguments, Finding Them Forfeited Rather Than Waived

Two courts issue decisions the same day considering Fourth Amendment arguments that the government forfeited, holding that federal courts of appeals have the power and can properly exercise their discretion to reach such issues. United States v. Campbell, No. 16-10128 (11th Cir. Feb. 16, 2022): Defendant Campbell was indicted for possessing a firearm as aContinue reading “Sixth Circuit and En Banc Eleventh Circuit Each Forgive the Government’s Abandonment of Fourth Amendment Arguments, Finding Them Forfeited Rather Than Waived”

Parents of Children with Disabilities Obtain Conflicting Standing Rulings in the Fourth and Eighth Circuits While Challenging State Mask-Mandate Bans in Schools

Two circuits reach different results on standing to bring an injunctive action against the governors of states that banned local school districts from imposing COVID-19 pandemic mask-mandates for students and staff. In both cases, parents and associations challenged the state-level bans under federal statutory law: the Americans with Disabilities Act (ADA) and the Section 504Continue reading “Parents of Children with Disabilities Obtain Conflicting Standing Rulings in the Fourth and Eighth Circuits While Challenging State Mask-Mandate Bans in Schools”

Instructional Order to Court-Appointed Trustee in Post-Judgment Proceedings Not an Appealable Order, Holds Eleventh Circuit

In Acheron Capital, Ltd. v. Mukamal, No. 21-13052 (11 th Cir. Jan. 6, 2022), a panel of the Eleventh Circuit holds that an order authorizing a court-appointed trustee’s auctioning off of life-insurance policies was neither a “final decision” subject to appellate review, nor did it fall into any of the exceptions that permitted interlocutory reviewContinue reading “Instructional Order to Court-Appointed Trustee in Post-Judgment Proceedings Not an Appealable Order, Holds Eleventh Circuit”

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”

Fifth Circuit Scales Back Nationwide Injunction of Federal Vaccine Mandate to Just the Fourteen States that Were Named Plaintiffs

In State of Louisiana v. Becerra, No. 21-30734 (5th Cir. Dec. 15, 2021) (per curiam), the Fifth Circuit denies the federal government’s motion to stay a district court’s preliminary injunction barring enforcement of a COVID-19 vaccination mandate for medical providers receiving Medicare or Medicaid funds. But it scales it back from a fifty-state injunction toContinue reading “Fifth Circuit Scales Back Nationwide Injunction of Federal Vaccine Mandate to Just the Fourteen States that Were Named Plaintiffs”

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)”

Split Eleventh Circuit Panel Holds That Nationwide Injunction of a Federal Vaccine Mandate in Louisiana Court Does Not Moot Issue of an Emergency Injunction Pending Appeal in Florida, Casting Doubt on Propriety of the Louisiana Court’s Nationwide Order

In a 94-page order about whether to grant the State of Florida an injunction pending appeal of the federal government’s COVID-19 vaccine mandate in hospitals, a split panel in State of Florida v. Dep’t of Health and Human Servs., No. 21-10498 (11th Cir. Dec. 6, 2021), holds that the entry of a “nationwide” injunction ofContinue reading “Split Eleventh Circuit Panel Holds That Nationwide Injunction of a Federal Vaccine Mandate in Louisiana Court Does Not Moot Issue of an Emergency Injunction Pending Appeal in Florida, Casting Doubt on Propriety of the Louisiana Court’s Nationwide Order”