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”

Sixth Circuit Holds That 18 U.S.C. § 3731 Gives It Appellate Jurisdiction Over Order Denying Motion to Admit Government’s Evidence in Terrorism Prosecution

In United States v. Musaibli, No. 22-1013 (6th Cir. Aug. 2, 2022), holds that 18 U.S.C. § 3731, which gives the court of appeals jurisdiction to hear the U.S. Government’s appeal of any “decision or order of a district court suppressing or excluding evidence” also applies to a lower-court order denying the government’s motion toContinue reading “Sixth Circuit Holds That 18 U.S.C. § 3731 Gives It Appellate Jurisdiction Over Order Denying Motion to Admit Government’s Evidence in Terrorism Prosecution”

A Failure to Timely Cross-Appeal an Issue Is Not Jurisdictional and Thus Objection to Such an Omission Can Be Forfeited, Holds Sixth Circuit

In Georgia-Pacific Consumer Prods. v. NCR Corp., No.18-1806 (6th Cir. July 14, 2022), in an order denying rehearing en banc, the panel amends its original order with an appendix to hold that any objection to a party’s failure to timely cross-appeal from a final judgment does not go to subject-matter jurisdiction, and thus may beContinue reading “A Failure to Timely Cross-Appeal an Issue Is Not Jurisdictional and Thus Objection to Such an Omission Can Be Forfeited, Holds Sixth Circuit”

Sixth Circuit Adopts Narrower “Forum State” Approach to Nationwide Service of Process under 18 U.S.C. § 1965(b) of RICO Act, Joining Majority View in Circuit Split

In Peters Broadcast Eng’g, Inc. v. 24 Capital, LLC, No. 21-3849 (6th Cir. July 13, 2022), the Sixth Circuit joins six other circuits in holding that, for nationwide service of process under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1965, at least one defendant must be subject to personal jurisdiction inContinue reading “Sixth Circuit Adopts Narrower “Forum State” Approach to Nationwide Service of Process under 18 U.S.C. § 1965(b) of RICO Act, Joining Majority View in Circuit Split”

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”

Interlocutory Appeal Under 28 U.S.C. § 1292(b) Should Not Be Granted Where It Will “Not Accelerate [the] End” of Litigation, Holds Sixth Circuit

In In re Nicholas Paul Somberg, No. 22-0101 (6th Cir. Apr. 21, 2022), the Sixth Circuit in a published but unsigned order denied a certified appeal of denial of summary judgment under 28 U.S.C. § 1292(b). Despite that the district court certified the appeal and defendant did not oppose it, the panel holds that theContinue reading “Interlocutory Appeal Under 28 U.S.C. § 1292(b) Should Not Be Granted Where It Will “Not Accelerate [the] End” of Litigation, Holds Sixth Circuit”

States’ Challenge to Secretary of Homeland Security Guidance To Deputies Probably Lacking In Standing, Holds Sixth Circuit

In Arizona v. Biden, No. 22-3272 (6th Cir. Apr. 12, 2022), the Sixth Circuit stays pending appeal a nationwide preliminary injunction of a federal memorandum of “immigration enforcement priorities and policies” concerning “arrest, detention, and removal decisions.” “Congress has tasked the Secretary of Homeland Security, currently Alejandro Mayorkas, with establishing ‘national immigration enforcement policies andContinue reading “States’ Challenge to Secretary of Homeland Security Guidance To Deputies Probably Lacking In Standing, Holds Sixth Circuit”

Sixth Circuit Finds Preliminary Injunction Barring a Defendant From “Competing” With Plaintiff, Without Time Limits, Fails the Specificity Requirement of Fed. R. Civ. P. 65(d)

In Union Home Mortg. Corp. v. Cromer, No. 21-3492 (6th Cir. Apr. 6, 2022), in a case involving enforcement of a non-compete covenant, the Sixth Circuit vacates a preliminary injunction against the defendant to bar him from “competing with Union Home,” finding that it was overbroad and “fails to satisfy the specificity requirements of FederalContinue reading “Sixth Circuit Finds Preliminary Injunction Barring a Defendant From “Competing” With Plaintiff, Without Time Limits, Fails the Specificity Requirement of Fed. R. Civ. P. 65(d)”

Injunctive Order in State-Court Action Removed to Federal Court Not Immediately Appealable Under 28 U.S.C. § 1292(a)(1), Holds Sixth Circuit

In Schuler v. Adams, No. 21-1613 (6th Cir. Mar. 7, 2022), the Sixth Circuit faces the novel question of whether a preliminary injunction entered in a state-court action before it is removed to federal court can be immediately appealed under 28 U.S.C. § 1292(a)(1). The panel dismisses the appeal, holding that it has “jurisdiction onlyContinue reading “Injunctive Order in State-Court Action Removed to Federal Court Not Immediately Appealable Under 28 U.S.C. § 1292(a)(1), Holds Sixth Circuit”

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”