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”

Eleventh Circuit Affirms Unsealing of Exhibits That Contain “Inadvisable Hot Takes” and Takes Aim at Abuse of Trendy “(Cleaned Up)” Parenthetical

In Callahan v. United Network for Organ Sharing, No. 20-13932 11th Cir. Nov. 17, 2021), the panel affirms a district court’s decision to unseal exhibits filed in support of a preliminary motion. A consortium of individuals, hospitals, and universities (the hospitals) sued to enjoin a Health and Human Services regulation changing the formula for allocatingContinue reading “Eleventh Circuit Affirms Unsealing of Exhibits That Contain “Inadvisable Hot Takes” and Takes Aim at Abuse of Trendy “(Cleaned Up)” Parenthetical”

The Doctrine of Consular Nonreviewability Does Not Go to Subject-Matter Jurisdiction, Holds Eleventh Circuit

In Del Valle v. Secretary of State, No. 19-14889 (11th Cir. Oct. 26, 2021), the panel in an issue of first impression for the circuit holds that the doctrine of consular nonreviewability – by which a federal court declines to consider a challenge to a consular official’s denial of a visa, Kleindienst v. Mandel, 408Continue reading “The Doctrine of Consular Nonreviewability Does Not Go to Subject-Matter Jurisdiction, Holds Eleventh Circuit”

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”

Eleventh Circuit Regrets Having Invented a New Burden of Proof for Fourth Amendment Exception, So It Rules En Banc to Wipe “Reasonable Probability” From Books

In United States v. Watkins, No. 18-14336 (11th Cir. Aug. 20, 2021), the en banc Eleventh Circuit unanimously overrules the “reasonable probability” standard it had used since the 1980s to evaluate claims by police under the Fourth Amendment “inevitable discovery” exception, Nix v. Williams, 467 U.S. 431 (1984). It holds that the correct standard, consistentContinue reading “Eleventh Circuit Regrets Having Invented a New Burden of Proof for Fourth Amendment Exception, So It Rules En Banc to Wipe “Reasonable Probability” From Books”