In Folta v. Norfork Brewing Co., No. 22-3518 (8th Cir. Dec. 22, 2023), the Eighth Circuit dismisses an appeal from a case where all the claims settled, despite the defendant’s argument that it reserved the right to appeal in
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Split Ninth Circuit Panel Holds That It Is an Abuse of Discretion to Deny Voluntary Dismissal Without Prejudice Under Fed. R. Civ. P. 41(a)(2) Unless the Defendant Can Prove Legal Prejudice
In Kamal v. Eden Creamery, LLC, No. 21-56260 (9th Cir. Dec. 21, 2023), the panel holds that voluntary dismissal must, as a matter of course, be granted without prejudice under Fed. R. Civ. P. 41(a)(2) unless the defendant can…
Unanimous En Banc Second Circuit Holds That Female High-School Athletes Have Article III Standing to Challenge Inclusion of Transgender Girls in Competition Under Title IX, But Fracture Over How Such a Claim May Be Redressable
In Soule ex rel. Stanescu v. Connecticut Assoc. of Schools, Inc., No. 21-1365 (2d Cir. Dec. 15, 2023) (en banc), a rare full-court opinion by the Second Circuit, fifteen judges (thirteen active and two senior) concur that there is…
Claim of Absolute Presidential Immunity Is Non-Jurisdictional and Waivable, Holds Second Circuit
In Carroll v. Trump, No. 23-1045(L) (2d Cir. Dec. 13, 2023), the Second Circuit holds, in “a vexing question of first impression,” that absolute presidential immunity from suit is not jurisdictional, and – in this case – was waived…
Lack of “Adversity” Between Litigants Over a Constitutional Question Deprives Court of Article III Case or Controversy, Holds Fifth Circuit
In Pool v. City of Houston, No. 22-2049 (5th Cir. Dec. 11, 2023), the Fifth Circuit dismisses a four-year-old First Amendment case for lack of subject-matter jurisdiction, where the court determines that “all parties have agreed from the beginning…
Split Second Circuit Panel Holds That Curing a Pleading Deficiency Is Not “Mistake, Inadvertence, Surprise, Or Excusable Neglect” Under Fed. R. Civ. P. 60(b)(1), But the Catchall Rule 60(b)(6) Can Apply
In Mandala v. NTT Data, Inc., No. 22-4 (2d Cir. Dec. 8, 2023), a 2-1 panel holds that the district court erred as a matter of law in applying Rule 60(b)(1) for post-judgment relief to a plaintiff’s motion seeking…
Tenth Circuit Holds That District Court Did Not Err in Treating Summary Judgment Facts as Admitted During Trial Under Fed. R. Civ. P. 56(g), But Cautions Against Overuse of This Approach
In Watchous Enterprises v. Mournes, No. 22-3071 (10th Cir. Nov. 30, 2023), the Tenth Circuit holds that the district court did not abuse its discretion by using Fed. R. Civ. P. 56(g) to deem facts submitted on summary judgment…
Second Circuit Holds That Time for Service of Process for a False Claims Act Case Under Fed. R. Civ. P. 4(m) Is Triggered Exclusively by Court Order, Not by the Unsealing of the Complaint
In United States ex rel. Weiner v. Siemens AG, No. 22-2656_(2d Cir. Nov. 28, 2023), the panel vacates dismissal of a False Claims Act (FCA) for failure of service of process, holding that the time for service under Fed.…
Fourth Circuit Holds That It Lacks Appellate Jurisdiction Under Perlman Doctrine to Review Criminal Defendant’s Interlocutory Appeal Concerning a Grand Jury Subpoena
In In re Grand Jury 2021 Subpoenas, No. 22-1654 (4th Cir. Nov. 22, 2023), the Fourth Circuit holds that because of Mohawk Industries, Inc. v. Carpenter, 558 U.S. 100 (2009) – which scaled back the collateral-order doctrine as applied…
District Court Erred in Denying Prisoner Leave to Proceed In Forma Pauperis Under 28 U.S.C. § 1915 on Ground That Prison Provided Him “Necessities of Life,” Second Circuit Holds
In Rosa v. Doe, No. 21-2628 (2d Cir. Nov. 20. 2023), the Second Circuit holds that the district court abused its discretion in denying a prisoner in forma pauperis status under 28 U.S.C. § 1915 on the ground that…