In Perficient, Inc. v. Munley, No. 21-2121 (8th Cir. Aug. 9, 2022), the Eighth Circuit was compelled to dismiss an appeal of a summary judgment decision for the plaintiff because the judge left the nominal damage award unfinished.
“Perficient
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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…
Seventh Circuit Notes Important Difference Between Rejected Fed. R. Civ. P 68 Offer and Non-Rule 68 Settlement Offer in Determining Reasonable Attorney’s Fee
In Cooper v. Retrieval Masters Creditors, No. 18-2358 (7th Cir. July 29, 2022), the Seventh Circuit vacates and remands an attorney’s fee award that was improperly reduced in a Fair Debt Collection Practices Act (FDCPA) case in reliance on…
District Court Erred by Deciding Motion to Dismiss on Letter Submissions Without Warning to Parties, Second Circuit Holds
In Int’l Code Council v. UpCodes, No. 21-826 (2d Cir. July 29, 2022), a Second Circuit panel criticizes the practice of a district court judge who rules on dispositive motions based on cross-letter submissions by the parties.
“International Code…
Split Fifth Circuit Panel Holds That Parents of Children with Disabilities Lacked Article III Standing to Demand Mask-Mandates Against COVID in Public Schools
In E.T. v. Paxton, No. 21-51083 (5th Cir. July 25, 2022), a Fifth Circuit panel splits three ways on whether a group of parents had standing to sue Texas Governor Greg Abbott, the state’s attorney general, and other officers…
District Court Did Not Abuse Discretion Under Fed. R. Civ. P. 21 in Dropping Non-Diverse Party Added to Complaint Days After Removal, Holds Third Circuit
In Avenatti v. Fox News Network LLC, No. 21-2702 (3d Cir. July 21, 2022), the Third Circuit affirms a decision of the district court to drop a defendant added to a complaint, just days after its removal, under Fed.…
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…
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…
Eleventh Circuit Holds That There Can Be No “Prevailing Party” in a Federal Lawsuit for Purposes of Fed. R. Civ. P. 54(d)(1), Adding to Circuit Split
In Royal Palm Properties, LLC v. Pink Palm Properties, LLC, No. 21-10872 (11th Cir. July 7, 2022), the Eleventh Circuit holds that where a case ends in a “split judgment and both parties lost on their claims,” there can…
Oral Bench Ruling Was Final Decision That Triggered Running of Time to Appeal, Holds Fifth Circuit
In Ueckert v. Guerra, No. 22-40263 (5th Cir. June 27, 2022), the Fifth Circuit dismissed as untimely an appeal filed 412 days after a verbal bench order was entered on the docket.
“There is at least one exception to…