In Johnson v. Johnson, No. 24-2058 (6th Cir. Oct. 24, 2025), the Sixth Circuit affirms dismissal of an action to compel arbitration under Section 4 of the Federal Arbitration Act, holding that – under the probate exception – the lower court lacked equitable jurisdiction to interfere with a state in rem proceeding. The decedent “Mrs.Continue reading “Citing the Probate Exception, Sixth Circuit Holds District Court Lacked Equitable Jurisdiction to Compel Arbitration of Action Proceeding In Rem in State Court”
Tag Archives: Equity
State of Texas Has No Seventh Amendment Right to a Jury Trial for Border Barrier Defense, Holds Fifth Circuit
In In re Greg Abbott, No. 24-50620 (5th Cir. Sept. 20, 2024), the Fifth Circuit denies mandamus in a case where Texas unsuccessfully demanded for a jury trial in a suit by the United States to remove a 1000-foot border obstruction. The panel holds that the state has no demonstrated Seventh Amendment right to aContinue reading “State of Texas Has No Seventh Amendment Right to a Jury Trial for Border Barrier Defense, Holds Fifth Circuit”
D.C. Circuit Vacates “Sledgehammer” Pre-Filing Injunction Against Frequent Filer That Applied to Every Court in the Nation
In Klayman v. Porter, No. 22-7123 (D.C. Cir. June 11, 2024), the D.C. Circuit strikes down the sanction of “restricting [plaintiff]’s ability to file any related actions or claims for relief in any forum, state or federal,” citing prudential and constitutional limits to federal equitable power. “In recent years, the District of Columbia Bar’s OfficeContinue reading “D.C. Circuit Vacates “Sledgehammer” Pre-Filing Injunction Against Frequent Filer That Applied to Every Court in the Nation”
Ninth Circuit Holds That Mootness is Discretionary, Rather Than Jurisdictional, Doctrine After the Court of Appeals Has Rendered Its Decision
In United States v. Perez-Garcia, No. 22-50314 (9th Cir. Mar. 18, 2024), the Ninth Circuit holds that once it has already announced a decision, any arguments thereafter regarding mootness are discretionary rather than jurisdictional, subject to “equitable and pragmatic considerations.” During a criminal proceeding below, two defendants – as a condition of pretrial release –Continue reading “Ninth Circuit Holds That Mootness is Discretionary, Rather Than Jurisdictional, Doctrine After the Court of Appeals Has Rendered Its Decision”
An Intervening Change in Law Nearly Always Warrants Modification of Injunction, Holds Ninth Circuit
In State of California v. EPA, No. 19-17480 (9th Cir. Oct. 22, 2020), the Ninth Circuit holds that the district court abused its discretion by denying the Environmental Protection Agency’s motion for relief from a court-imposed deadline under Fed. R. Civ. P. 60(b)(5), owing to an intervening change in the regulations. In so holding, theContinue reading “An Intervening Change in Law Nearly Always Warrants Modification of Injunction, Holds Ninth Circuit”
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