In ICTSI Oregon, Inc. v. Int’l Longshore and Warehouse Union, No. 20-35818 (9th Cir. Jan. 18, 2022), the Ninth Circuit declines to accept certification of an interlocutory appeal under 28 U.S.C. § 1292(b). It holds that one question
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Fifth Circuit Offers Litigants A Primer About When They Need to Cross-Appeal Versus Urging Affirmance on Alternative Grounds
In Domain Protection LLC v. Sea Wasp LLC, No. 20-40411 (5th Cir. Jan 13, 2022), the panel uses the occasion of “three appeals arising from one lawsuit—one from the plaintiff, one from the defendant, one from [a] sanctioned lawyer—…
Fed. R. Evid. 103(b) Requires Renewal of Objection at Trial If Order on Motion in Limine Is Modified or Violated at Trial, Holds Fifth Circuit
In United States v. Lara, No. 20-50112 (5th Cir. Jan. 11, 2022), the Fifth Circuit grants only plain-error review on a claim of evidentiary error, when two criminal defendants – who won an exclusionary order in a pretrial motion…
Instructional Order to Court-Appointed Trustee in Post-Judgment Proceedings Not an Appealable Order, Holds Eleventh Circuit
In Acheron Capital, Ltd. v. Mukamal, No. 21-13052 (11 th Cir. Jan. 6, 2022), a panel of the Eleventh Circuit holds that an order authorizing a court-appointed trustee’s auctioning off of life-insurance policies was neither a “final decision” subject…
State Lacked Standing to Challenge Appointment of Federal Defender in State Post-Conviction Proceedings, Holds Eleventh Circuit
In Booker v. Florida Dep’t of Corr., No. 20-14539 (11th Cir. Jan. 3, 2021), an Eleventh Circuit panel holds that whatever intrusion it might present on an ongoing state proceeding, the state lacks Article III standing to object to…
Homeowners Association Lacked Standing to Enforce Consent Decree with Postal Service to End Delivery of Mail Addressed to “Ypsilanti” to Its Development, Split Sixth Circuit Holds
In Glennborough Homeowners Ass’n v. USPS, No. 21-1340 (6th Cir. Dec. 22, 2021), a panel affirms an order dismissing a case by a housing development seeking to enforce a consent decree against the U.S. Postal Service, though it divides…
Fifth Circuit Scales Back Nationwide Injunction of Federal Vaccine Mandate to Just the Fourteen States that Were Named Plaintiffs
In State of Louisiana v. Becerra, No. 21-30734 (5th Cir. Dec. 15, 2021) (per curiam), the Fifth Circuit denies the federal government’s motion to stay a district court’s preliminary injunction barring enforcement of a COVID-19 vaccination mandate for medical…
Eleventh Circuit Casts Doubt on “Matter of Substantive Law” Exception to Appellate Jurisdictional Bar of 28 U.S.C. § 1447(d)
In Vachon v. Travelers Home & Mar. Ins. Co., No. 20-12765 (11th Cir. Dec. 14, 2021), the Eleventh Circuit held that it lacked appellate jurisdiction over a remand order under 28 U.S.C. § 1447(d), rejecting application of the “matter…
Court Could Judicially Notice That a Federal Prison Hospital Was Within the “Special Maritime and Territorial Jurisdiction” of the United States, Holds Eighth Circuit
Upholding the conviction of a federal prisoner for assaulting a fellow inmate, the Eighth Circuit holds in United States v. Love, No. 20-3386 (8th Cir. Dec. 14, 2021) that it did not violate the defendant’s Sixth Amendment rights for the…
Split Tenth Circuit Holds That FISC’s Pre-Clearance Rulings Under Section 702 Program Are Not “Advisory Opinions” in Violation of Article III
As part of a 170-page decision (with a 48-page dissent) affirming a criminal conviction for conspiring and providing material support to a State Department-designated foreign terrorist organization, United States v. Muhtorov, No. 18-1366 (10th Cir. Dec. 8, 2021), the…