In Briskin v. Shopify, No. 22-15815 (9th Cir. Apr. 21, 2025) (en banc), the Ninth Circuit considers a customer privacy claim by a California resident against a Canadian online retailer and its American subsidiaries. The court (10-1) reverses the
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Second Circuit Splits from Tenth in Holding That Supplemental Jurisdiction under 28 U.S.C. § 1367(a) Requires A Separate Analysis from Intervention Under Fed. R. Civ. P. 24(a)(2)
The Second Circuit – in Hamilton Reserve Bank v. Sri Lanka, No. 24-1459-cv (2d Cir. April 10, 2025) – rejects a widely-recognized presumption that “a court necessarily possesses supplemental jurisdiction [under 28 U.S.C. § 1367(a)] over intervention claims when the…
The Eighth Circuit, Perhaps Without Meaning To, Creates a Circuit Split on the Standard for Seeking Relief from a Jury Waiver Under Fed. R. Civ. P. 39(b)
In E&I Global Ene. Srvs. v. Liberty Mut. Ins. Co., No. 23-3739 (8th Cir. Apr. 4, 2025), the Eighth Circuit declines to afford a plaintiff relief for its failure to timely demand a jury trial under Fed. R. Civ.…
Seventh Circuit Becomes the First to Hold That an EU “Societas Europaea” (SE) Is a “Corporation” for Diversity Jurisdiction Purposes
In Starstone Ins SE v City of Chicago, No. 23-2712 (7th Cir. Apr. 2, 2025), the Seventh Circuit holds that the plaintiff – a “Societas Europaea” (SE) organized under the rules of the European Union – is a citizen…
The Sixth Circuit, Adding to A Circuit Split, Holds That the Plaintiff Has the Burden of Establishing Venue Under 28 U.S.C. § 1391
In Tobien v. Nationwide Gen. Ins. Co., No. 24-5575 (6th Cir. Apr. 2, 2025), the Sixth Circuit follows the majority rule in holding that on a Fed. R. Civ. P. 12(b)(3) motion to dismiss for improper venue, it is…
Noting Gap in Fed. R. Evid. 103, Tenth Circuit Holds That a Party Forfeited Appeal of a Conditional Evidence Ruling – Despite Objecting Four Separate Times – Because She Did Not Satisfy the Condition at Trial
In Culp v. Remington of Montrose Golf Club LLC, No. 24-1022 (10th Cir. Mar. 30, 2025), a district court’s conditional ruling to admit evidence is held unreviewable when the appellant chose strategically not to trigger the condition at trial.…
En Banc Ninth Circuit Panelists Clash Over Validity of a Video Dissent
In Duncan v. Bonta, No. 23-55805 (9th Cir. Mar. 30, 2025) (en banc) – a Second Amendment challenge to California’s ban on large-capacity magazines – the en banc Ninth Circuit debates whether a judge could validly file a video dissent…
Eleventh Circuit Holds That There Is No Appellate Jurisdiction Over an Order That Both Denies Arbitration and Remands a Removed Case to State Court, Per 28 U.S.C. § 1447(d)
In Wu v. Liu, No. 24-10397 (11th Cir. Mar. 19, 2025), the Eleventh Circuit has to reconcile 28 U.S.C. § 1447(d), which bars appellate review of a district court remand of a removed case, and 9 U.S.C. § 16(a)(1)(C),…
Hindu Professors at State University Lacked Article III Standing to Challenge School’s “Caste” Discrimination Policy, Holds Ninth Circuit
In Kumar v. Koester, No. 23-4363 (9th Cir. Mar. 12, 2025), the Ninth Circuit dismisses a constitutional challenge to California State University’s anti-discrimination policy that was recently amended to add “caste” as a protected status.
Effective January 1, 2022,…
There Is No “On-The-Job” Exception to Expert Witness Qualification Under Fed. R. Evid. 702, Holds the Ninth Circuit
In United States v. Holmes, No. 22-10312 (9th Cir. Feb. 24, 2025), the Theranos/Elizabeth Holmes fraud prosecution, the Ninth Circuit affirms the convictions and sentences. It acknowledges the defense argument that a former Theranos scientist should not have been…