In United States v. Cloud, No. 22-30044 (9th Cir. May 21, 2024), the Ninth Circuit holds that even before entry of a conviction against the criminal defendant, the United States could appeal a district court order, under the collateral-order, directing the Government to pay monetary sanctions for an alleged Brady violation. Mid-trial during a homicideContinue reading “Ninth Circuit Holds That It Had Jurisdiction Under Collateral-Order Doctrine to Review Sanction Against U.S. Attorney”
Tag Archives: Ninth Circuit
Ninth Circuit Nixes “Super Snap Removals” to Circumvent the Forum Defendant Rule, 28 U.S.C. § 1441(b)(2)
In Casola v. Dexcom, Inc., No. 23-55403 (9th Cir. Apr. 10, 2024), the Ninth Circuit rejects a California corporation’s attempt to avoid the forum-defendant rule by filing removal petitions in federal court under 28 U.S.C. § 1441(a) even before the cases were docketed in California state court. The forum-defendant rule is an exception to removalContinue reading “Ninth Circuit Nixes “Super Snap Removals” to Circumvent the Forum Defendant Rule, 28 U.S.C. § 1441(b)(2)”
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”
Ninth Circuit Splits with Second Circuit About Which Federal Rule to Follow for Service of Notice of Application to Confirm Foreign Arbitral Award Under the Federal Arbitration Act When FAA § 9 Does Not Apply
In Voltage Pictures,LLC v. Gussi S.A. de C.V., No. 23-55123 (9th Cir. Feb. 5, 2023), the Ninth Circuit holds that when the Federal Arbitration Act (FAA) § 9’s nonresident service provision does not apply to service of notice of an application to confirm a foreign arbitral award – because the adverse party is not subjectContinue reading “Ninth Circuit Splits with Second Circuit About Which Federal Rule to Follow for Service of Notice of Application to Confirm Foreign Arbitral Award Under the Federal Arbitration Act When FAA § 9 Does Not Apply”
Dismissal of Party for Improper Joinder Under Fed. R. Civ. P. 21 Does Not Toll Limitations for Federal Claims, Holds Ninth Circuit
In Holt v. Cnty. of Orange, No. 22-55806 (9th Cir. Jan 26, 2024), the Ninth Circuit joins other circuits in holding that, notwithstanding 28 U.S.C. § 1367(d), dismissal of a party for improper joinder does not toll statute of limitations for the period that the party’s federal-law claims were pending before dismissal. Plaintiff “Holt andContinue reading “Dismissal of Party for Improper Joinder Under Fed. R. Civ. P. 21 Does Not Toll Limitations for Federal Claims, Holds Ninth Circuit”
Split Ninth Circuit Panel Holds That It Is an Abuse of Discretion to Deny Voluntary Dismissal Without Prejudice Under Fed. R. Civ. P. 41(a)(2) Unless the Defendant Can Prove Legal Prejudice
In Kamal v. Eden Creamery, LLC, No. 21-56260 (9th Cir. Dec. 21, 2023), the panel holds that voluntary dismissal must, as a matter of course, be granted without prejudice under Fed. R. Civ. P. 41(a)(2) unless the defendant can establish that it would suffer legal prejudice, meaning “prejudice to some legal interest, some legal claim,Continue reading “Split Ninth Circuit Panel Holds That It Is an Abuse of Discretion to Deny Voluntary Dismissal Without Prejudice Under Fed. R. Civ. P. 41(a)(2) Unless the Defendant Can Prove Legal Prejudice”
Split Ninth Circuit Panel Holds That Plaintiff Who Filed Original Securities Fraud Action Ceased to Be a Party When Court Appointed a Different Lead Plaintiff Under the PSLRA
In Habelt v. iRhythm Technologies, Inc., No. 22-15660 (9th Cir. Oct. 11, 2023), a 2-1 panel holds that the original putative lead plaintiff in a securities fraud case was no longer a “party” with standing to appeal when a different lead plaintiff was appointed by the district court under the Private Securities Litigation Reform ActContinue reading “Split Ninth Circuit Panel Holds That Plaintiff Who Filed Original Securities Fraud Action Ceased to Be a Party When Court Appointed a Different Lead Plaintiff Under the PSLRA”
No Leniency for a Pro Se Litigant Who Is Also a Licensed Attorney, Holds Ninth Circuit
In Hoffman v. Lindgren, No. 22-35471 (9th Cir. Sept. 1, 2023), the Ninth Circuit resolves an intracircuit split and holds that no leniency is due to pro se litigants who are also licensed, practicing attorneys. “Huffman, a practicing attorney, sued a municipal court judge, a prosecutor, and the City of St. Helens, Oregon in ColumbiaContinue reading “No Leniency for a Pro Se Litigant Who Is Also a Licensed Attorney, Holds Ninth Circuit”
Ninth Circuit Holds That District Court Lacked Authority to Convert a Fed. R. Civ. P. 56 Summary Judgment Motion Sua Sponte into a Fed. R. Civ. P. 12 Motion to Dismiss
In Jones v. L.A. Central Plaza, No. 22-55489 (9th Cir. July 26, 2023), the Ninth Circuit holds that the district court erred by sua sponte granting a Rule 12 dismissal on the pleadings for lack of Article III standing, when the parties had already briefed summary judgment on the same standing issue. Jones sued theContinue reading “Ninth Circuit Holds That District Court Lacked Authority to Convert a Fed. R. Civ. P. 56 Summary Judgment Motion Sua Sponte into a Fed. R. Civ. P. 12 Motion to Dismiss”
Ninth Circuit Holds Battery Maker Made “Purposeful Availment” of the State of Hawai’i Sufficient for Personal Jurisdiction, Yet A Product Liability Case Did Not “Arise Out of Or Relate To” Those Contacts
In Yamashita v. LG Chem, Ltd., No. 20-17512 (9th Cir. Mar. 6, 2023), the Ninth Circuit holds in a products-liability case that there was no personal jurisdiction in Hawai’i over a USA subsidiary of a South Korean manufacturer headquartered in Georgia, despite that the company ships their products through Honolulu and sells some of itsContinue reading “Ninth Circuit Holds Battery Maker Made “Purposeful Availment” of the State of Hawai’i Sufficient for Personal Jurisdiction, Yet A Product Liability Case Did Not “Arise Out of Or Relate To” Those Contacts”
Paul Mollica's Federal Courts Blog 