Tag Archives: Party Presentation

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”

Sixth Circuit and En Banc Eleventh Circuit Each Forgive the Government’s Abandonment of Fourth Amendment Arguments, Finding Them Forfeited Rather Than Waived

Two courts issue decisions the same day considering Fourth Amendment arguments that the government forfeited, holding that federal courts of appeals have the power and can properly exercise their discretion to reach such issues. United States v. Campbell, No. 16-10128 (11th Cir. Feb. 16, 2022): Defendant Campbell was indicted for possessing a firearm as aContinue reading “Sixth Circuit and En Banc Eleventh Circuit Each Forgive the Government’s Abandonment of Fourth Amendment Arguments, Finding Them Forfeited Rather Than Waived”

Plaintiff That Let Fed. R. Civ. P. 12(b)(1) Procedural Error Slip Forfeits Subject-Matter Jurisdiction Under Doctrine of Party Presentation, Holds Eleventh Circuit

In PDVSA US Litig. Trust v. Lukoil Pan Americas, LLC,.No. 19-10950 (11th Cir. Oct. 18, 2021), the plaintiff-appellant failed to raise its best argument on appeal – that the district court decided the central legal issue on the merits on a Fed. R. Civ. P. 12(b)(1) motion to dismiss – and thus loses under theContinue reading “Plaintiff That Let Fed. R. Civ. P. 12(b)(1) Procedural Error Slip Forfeits Subject-Matter Jurisdiction Under Doctrine of Party Presentation, Holds Eleventh Circuit”

Fifth Circuit Panel Splits Over Application of the Party Presentation Principle in § 1292(b) Interlocutory Appeal

In Gonzalez v. CoreCivic, Inc., No. 19-50691 (5th Cir. Jan. 20, 2021), the panel—reviewing an interlocutory denial of a motion to dismiss—divides over whether to reach an issue not briefed by the parties to resolve the appeal. The district court certified the order denying a Fed. R. Civ. P 12(b)(6) dismissal, specifying the following issue:Continue reading “Fifth Circuit Panel Splits Over Application of the Party Presentation Principle in § 1292(b) Interlocutory Appeal”