In Creech v. U.S. Dist. Ct. for the District of Idaho, No. 24-4455 (9th Cir. Oct. 16, 2024), the Ninth Circuit grants mandamus to remove a district court judge in a case where the judge admitted a long-term friendship with one of the defendants, going back to when they were Ninth Circuit clerks. This comesContinue reading “Ninth Circuit Reassigns a Case Where the Judge and Defendant Formerly Clerked Together for the Same Ninth Circuit Judge”
Tag Archives: Mandamus
En Banc Fifth Circuit Divides 8-8 on Transfer of SpaceX Lawsuit Against NLRB from Texas to California, With the Dissent Accusing NLRB Counsel of “Improper Conduct”
In a published order, In re Space Exploration Technologies, No. 24-40103 (5th Cir. April 17, 2024), the Fifth Circuit denies en banc rehearing of a 2-1 panel order denying mandamus to vacate a district court’s decision under 28 U.S.C. § 1406(a) to transfer plaintiff SpaceX’s suit challenging the constitutionality of hearings before the National LaborContinue reading “En Banc Fifth Circuit Divides 8-8 on Transfer of SpaceX Lawsuit Against NLRB from Texas to California, With the Dissent Accusing NLRB Counsel of “Improper Conduct””
Split Fifth Circuit Panel Issues Mandamus to Vacate Transfer of a Suit Against CFPB from Texas to D.C., Ordered by the District Court Only After the Notice of Appeal Was Filed
In In re Fort Worth Chamber of Commerce, No. 24-10266 (5th Cir. Apr. 5, 2024), a 2-1 panel holds that a court in the Northern District of Texas exceeded its jurisdiction by transferring a case to the District for the District of Columbia under 28 U.S.C. § 1404(a) after a notice of appeal had already beenContinue reading “Split Fifth Circuit Panel Issues Mandamus to Vacate Transfer of a Suit Against CFPB from Texas to D.C., Ordered by the District Court Only After the Notice of Appeal Was Filed”
Full Fifth Circuit Splits Over Whether to Mandamus District Court to Suspend Trial Schedule in Rio Grande Floating Barrier Case While It Is Pending En Banc
In United States v. State of Texas, No. 23-50632 (5th Cir. Feb. 13, 2024), the Fifth Circuit – which voted to rehear the USA case to block Texas from erecting a floating barrier with Mexico – denies a stay of trial proceedings in the district court while the case is pending on appeal en banc;Continue reading “Full Fifth Circuit Splits Over Whether to Mandamus District Court to Suspend Trial Schedule in Rio Grande Floating Barrier Case While It Is Pending En Banc”
Seventh Circuit Holds That Lawyer Has No Article III Standing to Appeal Court Order Revoking His Pro Hac Vice Admission Where Case Below Is Settled and Dismissed with Prejudice
In Bailey v. Worthington Cylinder Corp., No. 22-2111 (7th Cir. Jan. 22, 2024), the Seventh Circuit dismisses an out-of-state lawyer’s appeal of a lower order revoking his pro hac vice admission, holding that his reputational interest alone does not present a redressable interest to support Article III standing. Appellant counsel “is an attorney licensed toContinue reading “Seventh Circuit Holds That Lawyer Has No Article III Standing to Appeal Court Order Revoking His Pro Hac Vice Admission Where Case Below Is Settled and Dismissed with Prejudice”
Fifth Circuit Grants Mandamus to Quash Subpoena of State Attorney General’s Testimony Until Sovereign Immunity Issue Is Decided
In In re Ken Paxton, No. 22-50882 (5th Cir. Nov. 14, 2022), the panel grants a writ of mandamus directing that the district court quash a subpoena of Texas Attorney General Paxton until the judge decides whether he should be dismissed from the action owing to sovereign immunity. The underlying lawsuit challenged the potential extraterritorialContinue reading “Fifth Circuit Grants Mandamus to Quash Subpoena of State Attorney General’s Testimony Until Sovereign Immunity Issue Is Decided”
Sixth Circuit Holds District Court Lacked Power to Order a Forensic Examination of a Juror’s Personal Electronics to Investigate Alleged Misconduct in a Criminal Case
In In re Sittenfeld, No. 22-3694 (6th Cir. Sept. 23, 2022), the Sixth Circuit denies a mandamus petition and thus leaves undisturbed the denial of an order sought by a criminal defendant to compel the forensic examination of a juror’s cellphone, computer, or “any electronic device that [the juror] used to make electronic communications.” “InContinue reading “Sixth Circuit Holds District Court Lacked Power to Order a Forensic Examination of a Juror’s Personal Electronics to Investigate Alleged Misconduct in a Criminal Case”
Mandamus Appropriate Remedy to Correct Violation of Fed. R. Crim. P. 11 and Rejection of Plea Agreement, Sixth Circuit Holds
In In re United States, No. 21-1318 (6th Cir. Apr. 26, 2022), the Sixth Circuit grants a writ of mandamus against a district court’s rejection of a plea bargain – and violation of Fed. R. Crim. P. 11 – based on the judge’s “longstanding practice” of rejecting plea agreements containing appeal waivers. During a pretrialContinue reading “Mandamus Appropriate Remedy to Correct Violation of Fed. R. Crim. P. 11 and Rejection of Plea Agreement, Sixth Circuit Holds”
Fifth Circuit Judges Clash in Gun “Free Speech” Case About Whether Mandamus Was Appropriate Relief to Vacate Joint Severance and Transfer Order
In Defense Distributed v. Bruck, No. 21-50327 (5th Cir. Apr. 1, 2022), a 2-1 panel of the Fifth Circuit issues a writ of mandamus directing a federal judge in the Western District of Texas to vacate an order severing and transferring part of a case to the District of New Jersey, and to request thatContinue reading “Fifth Circuit Judges Clash in Gun “Free Speech” Case About Whether Mandamus Was Appropriate Relief to Vacate Joint Severance and Transfer Order”
Seventh Circuit Issues Writ of Mandamus to Vacate District Court’s Grant of Stay Pending Certiorari
In In re A.F. Moore & Associates, Inc., No. 20-2497 (7th Cir. Sept. 10, 2020) (per curiam), the Seventh Circuit granted a petition for writ of mandamus to vacate a stay pending certiorari that was granted by the district court after the court of appeals had already denied it. “In January, we reversed the dismissalContinue reading “Seventh Circuit Issues Writ of Mandamus to Vacate District Court’s Grant of Stay Pending Certiorari”
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