Eleventh Circuit Criticizes Expansion of Rooker-Feldman by Lower Courts as “One-Size-Fits-All Preclusion Doctrine”

In Behr v. Campbell, No. 18-12842 (11th Cir. Aug. 12, 2021), the Eleventh Circuit reverses a sua sponte dismissal of a 30-count federal civil-rights complaint arising out of events from a state-court domestic relations dispute. “That kind of sweeping dismissal is not at all unusual—but it is also at odds with the Supreme Court’s clearlyContinue reading “Eleventh Circuit Criticizes Expansion of Rooker-Feldman by Lower Courts as “One-Size-Fits-All Preclusion Doctrine””

Creating Split in Circuits, Divided Sixth Circuit Panel Holds That Presenting “Specific Dollar Amount” to Agency in Federal Tort Claims Act Case Is Not a Jurisdictional Requirement

In Copen v. United States, No. 21-2655 (6th Cir. July 6, 2021), a 2-1 panel holds that the requirement under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671–80, that a tort victim first present “the amount of the claim . . . to the federal agency” (id. § 2675(b)) is mandatory, but notContinue reading “Creating Split in Circuits, Divided Sixth Circuit Panel Holds That Presenting “Specific Dollar Amount” to Agency in Federal Tort Claims Act Case Is Not a Jurisdictional Requirement”

Eleventh Circuit Holds That Federal Lawsuit Against Receiver Whose Appointment Has Ended Survives Barton Doctrine, Creating Circuit Split

In Chua v. Ekonomou, No. 20-12576 (11th Cir. June 15, 2021), the Eleventh Circuit holds that there is federal subject-matter jurisdiction over a lawsuit against a state-court-appointed receiver whose appointment has expired, notwithstanding the Barton doctrine, though the claim was properly dismissed on judicial immunity grounds. Plaintiff Chua prescribed hydrocodone for a college student whoContinue reading “Eleventh Circuit Holds That Federal Lawsuit Against Receiver Whose Appointment Has Ended Survives Barton Doctrine, Creating Circuit Split”

Split Eleventh Circuit Panel Holds That Filing of Voluntary Dismissal Under Fed. R. Civ. P. 41(a)(1)(A)(i) Cut-Off District Court’s Power to Modify Protective Order

In Absolute Activist Value Master Fund Ltd. v. Devine, No. 20-10237 (11th Cir. May 28, 2021), the panel majority holds that the plaintiffs hedge funds’ (the Funds) filing of a Rule 41(a)(1)(A)(i) “voluntary dismissal stripped the District Court of jurisdiction to consider [defendant] Devine’s post-dismissal motion to modify” a protective order. Defendant Devine and herContinue reading “Split Eleventh Circuit Panel Holds That Filing of Voluntary Dismissal Under Fed. R. Civ. P. 41(a)(1)(A)(i) Cut-Off District Court’s Power to Modify Protective Order”

Fifth Circuit Wrestles with Diversity and a Quirk in Appellate Jurisdiction in Review of a Burford Abstention Decision

In Grace Ranch, LLC v. BP American Prod. Co., No. 20-30224 (5th Cir. Feb. 26, 2021), the Fifth Circuit – in a case of first impression for that court – decides that, notwithstanding 28 U.S.C. § 1447(d), it has appellate jurisdiction to review a Burford abstention remand to state court. It also dismisses the stateContinue reading “Fifth Circuit Wrestles with Diversity and a Quirk in Appellate Jurisdiction in Review of a Burford Abstention Decision”

Plaintiff Did Not Deprive Federal Court of Subject-Matter Jurisdiction Over FAA Vacatur Petition by Selectively Naming Defendants, Fifth Circuit Holds

In Badgerow v. Walters, No. 19-30766 (5th Cir. Sept. 15, 2020), the Fifth Circuit holds that the “look-through” analysis for determining federal jurisdiction in actions to compel arbitration under Section 4 of the FAA reviews the entire underlying dispute in arbitration, not just the specific claims included in the petition. Plaintiff – a terminated employeeContinue reading “Plaintiff Did Not Deprive Federal Court of Subject-Matter Jurisdiction Over FAA Vacatur Petition by Selectively Naming Defendants, Fifth Circuit Holds”

Removal to the Wrong Federal District Court Is A Procedural, Not Jurisdictional, Defect According to the Fifth Circuit

In Hinkley v. Envoy Air, Inc., No. 19-10848 (5th Cir. Aug. 4, 2020), the panel is presented with a convoluted problem of removal from state court under 28 U.S.C. § 1441(a) that was filed in the wrong federal district. The panel holds that such a defect is only procedural rather than jurisdictional and was thusContinue reading “Removal to the Wrong Federal District Court Is A Procedural, Not Jurisdictional, Defect According to the 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”