In Gill v. Linnabary, No. 22-1653 (7th Cir. Mar. 22, 2023), the Seventh Circuit dismisses as moot a challenge first filed in 2016 that challenged the Illinois ballot access rules to run for Congress as an independent. “The Illinois Election Code sets forth certain nomination requirements for independent candidates to appear on the general electionContinue reading “Decennial Redistricting Mooted Six-Year-Old Constitutional Challenge to Petition Requirement, Holds Seventh Circuit”
Tag Archives: Mootness
Government’s Appeal of CDC’s Eviction Moratorium Is Dismissed on Its Own Motion but the District Court’s Order Remains in Effect, Fifth Circuit Holds
In Terkel v. Centers for Disease Control, No. 21-40137 (5th Cir. Oct. 19, 2021), a published per curiam order of the Fifth Circuit, the court dismisses the federal government’s appeal of an order enjoining a national eviction moratorium but notably leaves the lower court order in effect. Subject to certain exceptions, when a federal caseContinue reading “Government’s Appeal of CDC’s Eviction Moratorium Is Dismissed on Its Own Motion but the District Court’s Order Remains in Effect, Fifth Circuit Holds”
Tenth Circuit Declines Appellate Jurisdiction to Review District Court’s Findings in Investigation of a U.S. Attorney’s Office
In United States v. Carter, No. 20-3042 (10th Cir. May 4, 2021), the Tenth Circuit holds that it lacks jurisdiction to review a district court’s investigation of recordings of attorney-client communications at a federal detention center, obtained by the United States Attorney’s Office in Kansas (USAO). “After learning that the USAO had these recordings, theContinue reading “Tenth Circuit Declines Appellate Jurisdiction to Review District Court’s Findings in Investigation of a U.S. Attorney’s Office”
Class Representative Who Won at Trial Can Still Appeal Class Decertification, Holds Second Circuit
In Jin v. Shanghai Original, Inc., No. 19-3782 (2d Cir. Mar. 9, 2021), the Second Circuit holds that although a prevailing party ordinarily does not have standing to appeal, a plaintiff who was also a class representative may nevertheless appeal the decertification of the class. Plaintiff Jin successfully moved to certify a Fed. R. Civ.Continue reading “Class Representative Who Won at Trial Can Still Appeal Class Decertification, Holds Second Circuit”
First Circuit Finds Pre-Enforcement Challenge by State Lottery Commission to Justice Department’s Memoranda on Interstate Wagering Is Justiciable
In New Hampshire Lottery Comm’n v. Rosen, No. 19-1835 (1st Cir. Jan. 20, 2021), the panel holds that it had jurisdiction over New Hampshire’s challenge to the Department of Justice (DOJ) memoranda about enforcement of the Wire Act which, if implemented, might prevent the state from selling lottery tickets over the internet. Section 1084(a) ofContinue reading “First Circuit Finds Pre-Enforcement Challenge by State Lottery Commission to Justice Department’s Memoranda on Interstate Wagering Is Justiciable”
Just in Time for Halloween, Fifth Circuit Reanimates Challenge to “Zombie” Law
In Pool v. City of Houston, No. 19-20828 (5th Cir. Oct. 23, 2020), the Fifth Circuit holds that the district court had subject-matter jurisdiction to consider a constitutional challenge to a petitioning ordinance deemed unconstitutional 20 years earlier and arguably no longer enforced. “It is often said that courts ‘strike down’ laws when ruling themContinue reading “Just in Time for Halloween, Fifth Circuit Reanimates Challenge to “Zombie” Law”
Fifth Circuit Remands Challenge to ACA Shared-Responsibility Payments for the District Court to Reconsider Mootness
In Dierlam v. Trump, No. 18-20440 (5th Cir. Oct. 15, 2020), the Fifth Circuit holds that the district court was too hasty to judge whether changes in the Affordable Care Act (ACA) entirely mooted a claim to recover “shared responsibility” payments. In this pro se case, plaintiff sought “retrospective and prospective relief for myriad allegedContinue reading “Fifth Circuit Remands Challenge to ACA Shared-Responsibility Payments for the District Court to Reconsider Mootness”
Poky Litigants Cannot Make Use of “Capable of Repetition, Yet Evading Review” Exception to Mootness, Holds Fifth Circuit
In Empower Texans, Inc. v. Geren, No. 19-50577 (5th Cir. Oct. 5, 2020), a Fifth Circuit panel holds that a lawsuit mooted by the end of a legislative session could not be revived by the “capable of repetition, yet evading review” exception where the plaintiffs supposedly didn’t move fast enough to vindicate their rights. DefendantContinue reading “Poky Litigants Cannot Make Use of “Capable of Repetition, Yet Evading Review” Exception to Mootness, Holds Fifth Circuit”
No Federal-Question Jurisdiction Over Declaratory Action Complaint to Block Federal-Law Defense, Holds Eleventh Circuit
In Patel v. Hamilton Medical Center, Inc., No. 19-13088 (11th Cir. July 30, 2020), the Eleventh Circuit holds that there is no federal-question subject matter jurisdiction over a declaratory action brought by a doctor against a hospital for suspending his privileges. Although the plaintiff’s claim arose under state law (and the parties were apparently non-diverse),Continue reading “No Federal-Question Jurisdiction Over Declaratory Action Complaint to Block Federal-Law Defense, Holds Eleventh Circuit”
Paul Mollica's Federal Courts Blog 