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”