In Hoffer v. Tellone, No. 22-1377 (2d Cir. Feb. 13, 2025), the Second Circuit disaffirms the use of a “culpable state of mind” standard to impose discovery sanctions under Fed. R. Civ. P. 37(e)(2), requiring a specific “intent to
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Fourth Circuit Panel Holds 2-1 That Defendants Won the Race to the Courthouse Under 28 U.S.C. § 1447, Filing a Notice of Appeal That Stayed the District Court’s Authority to Remand a Removed Case Back to State Court
In City of Martinsville, Va. v. Express Scripts, Inc., No. 24-1912 (4th Cir. Feb. 10, 2025), a 2-1 panel holds that because the defendant filed its appeal before the district court physically mailed a remand order to state court…
En Banc Eighth Circuit Realigns Itself with Other Courts of Appeals, Overrules “Clear Statement” Pleading Rule for Official Capacity § 1983 Complaints
The en banc Eighth Circuit in S.A.A. v. Geisler, No. 23-3119 (8th Cir. Feb. 7, 2025), holds (9-2) that a plaintiff need not expressly allege in a 42 U.S.C. § 1983 complaint whether they are suing a named defendant…
Tenth Circuit Holds That Fed. R. Civ. P. 27 Depositions Are Only to Perpetuate Testimony, Not to Conduct a Pre-Filing Investigation
In Workman v. United States Postal Service, No. 24-2033 (10th Cir. Jan. 28, 2025), the Tenth Circuit addresses matters of first impression in the circuit under Fed. R. Civ. P. 27, affirming the district court’s denial of leave for…
Fourth Circuit Provides Guidance on the Division of Bench and Jury Duties in an Eminent Domain Proceeding under Fed. R. Civ. P. 71.1(h), Noting a Split with the First Circuit
In Mountain Valley Pipeline, LLC v. 9.89 Acres of Land, No. 23-2129 (4th Cir. Jan. 27, 2025), the Fourth Circuit addresses an issue of apparent first impression about the division of bench and jury duties under Fed. R. Civ.…
City’s Unexplained Failure to Name State as a Party Prevents Remand of Removed Case to State Court Under 28 U.S.C. § 1447, Holds Fifth Circuit
In New Orleans City v. Aspect Energy, LLC, No. 24-30199 (5th Cir. Jan. 23, 2025), the Fifth Circuit holds that the unexplained failure of the City of New Orleans to add the State of Louisiana as a party to…
Time to Remove Under 28 U.S.C. § 1446(b) Triggered by Date Acknowledged by the Parties on the Waiver of Service Rather Than When the Waiver Is Signed or Filed in Court, Holds Split Eighth Circuit Panel
In Monsanto Co. v. General Electric Co., No. 24-1230 (8th Cir. Jan. 22, 2025), an Eighth Circuit panel splits over when the 30 days begin to run for a removal petition to federal court under 28 U.S.C. § 1446(b)…
Attachment or Reference to an Exhibit in a Complaint Does Not Automatically Mean That a District Court May Consider It on a Rule 12(b)(6) Motion, Holds Second Circuit
In Pearson v. Gesner, No. 22-1227 (2d Cir. Jan. 13, 2025), the Second Circuit vacates and remands case where the district court erroneously considered materials outside the complaint. Even where a document is relied upon or cited in a…
“Boilerplate” Prayer in Complaint for “Just and Proper” Relief Did Not Rescue a Declaratory Judgment Action from Mootness, Holds the Eleventh Circuit
In Warren v. DeSantis, No. 23-10459 (11th Cir. Jan. 10, 2025) (per curiam), the Eleventh Circuit dismisses on mootness grounds a declaratory action by a Florida officeholder seeking to be reinstated as a state attorney, because plaintiff’s term of…
Federal Agencies Do Not Have An “Unfettered Right to Litigate in Federal Court” Under 28 U.S.C. § 1442, Holds Seventh Circuit
In Thompson v. Army and Air Force Exchange Service, No. 23-2447 (7th Cir. Jan. 8, 2025), the Seventh Circuit holds that a federal agency that removes an action from state court under 28 U.S.C. § 1442 is not entitled…