In United States v. Nieves, No. 21-1901 (2d Cir. Jan. 26, 2023), the Second Circuit took the rare step of tossing a criminal conviction because “the district court abused its discretion by failing to take any of several possible
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Plaintiff Should Not Have Rested on Complaint Allegations to Establish Amount in Controversy in Diversity Case, Holds First Circuit
In Andersen v. Vagaro, Inc., No. 22-1471 (1st Cir. Jan. 3, 2022), The First Circuit affirms dismissal for lack of subject matter jurisdiction where the plaintiff, though duly warned, failed to allege facts or present evidence to support that…
Split Second Circuit Panel Debates Judicial Deference to Prosecutorial Discretion to Dismiss a Prosecution That Has Already Been Tried to Verdict
In United States v. v. Blaszczak, No. 18-2811 (2d Cir. Dec. 28, 2022), the panelists disagree about whether a federal court owes deference to the Justice Department’s decision to abandon prosecution on a claim at the appeal stage.
“This…
Once District Court Enters Remand Order Under 28 U.S.C. § 1447(c), It Cannot Revisit That Decision Under Fed. R. Civ. P. 59, Holds Eighth Circuit
In Stone v. J&M Securities, LLC, No. 21-3422 (8th Cir. Dec. 19, 2022), the Eighth Circuit vacates an amended judgment entered in response to a motion for reconsideration under Fed. R. Civ. P 59(e). The panel holds that the…
New Jersey District Court Scores TKO in Epic Fight with Fifth Circuit Over Venue of Gun-Rights Case
In a gun-rights case that’s generated a succession of Fifth Circuit decisions (see blog entries of August 20, 2020, April 2, 2022, and September 19, 2022), the Fifth Circuit finally throws in the towel with a decision…
Surviving Family Members Who Do Not Represent a Decedent Party’s Estate Need Not Be Served with A Suggestion of Death Under Fed. R. Civ. P. 25(a), Eleventh Circuit Holds
In Silas v. Sheriff of Broward Cnty., Fla., No. 21-13946 (11th Cir. Dec. 14, 2022), the Eleventh Circuit holds that a defendant’s survivors who do not formally represent the decedent’s estate are not “nonparties” for purposes of Fed. R.…
Federal Case That May Require Assessing Damage to Decedent’s Estate Assets Not Barred by the Probate Exception to Federal Jurisdiction, Holds First Circuit
In Glassie v. Doucette, No. 21-1761 (1st Cir. Dec. 5, 2022), the First Circuit reverses dismissal of a civil action on federal subject-matter jurisdiction grounds, holding that the so-called probate exception did not apply even though the case may…
Eleventh Circuit Holds District Court Lacked Equitable Jurisdiction to Make the Government’s Use of Documents Seized from Former President Trump Subject to Special Master Review
In Trump v. United States, No. 22-13005 (11th Cir. Dec. 2, 2022), the Eleventh Circuit vacates and orders dismissal of a proceeding brought by the former president in the U.S. District Court for the Southern District of Florida to…
Second Circuit Dismisses Pseudonymously Filed Appeal as Violation of Fed. R. App. P. 32(d)
In Publicola v. Lomenzo, No. 22-795 (2d Cir. Nov. 29, 2022), the Second Circuit publishes an order dismissing an appeal after the plaintiff-appellant violated an order to file their appeal under their real name.
“In December 2021, Appellant commenced…
Eighth Circuit Vacates Judgments in Favor of 177 Plaintiffs Confirming Arbitration Awards Due to Lack of Subject Matter Jurisdiction
In Hursh v. DST Systems, Inc., No 21-3554 (8th Cir. Nov. 28, 2022), appeals of awards to 177 claimants –who prevailed in ERISA arbitrations about losses in their 401(k) profit sharing plan – result in the judgments being vacated…