In Carter v. Southwest Airlines Co. No. 23-10536 (5th Cir. May 8, 2025), while substantially affirming a contempt finding against Southwest for failing to carry out an order to notify the workplace – about the Title VII right to
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Diversity Allegations on “Information and Belief” Are Insufficient to Establish Subject-Matter Jurisdiction Beyond the Pleadings Stage and Judicial Notice Under Fed. R. Evid. 201 Cannot Bridge the Gap, Holds Fifth Circuit
In PNC Bank v. 2013 Travis Oak, No. 24-50101 (5th Cir. May 5, 2025), the Fifth Circuit remands the appeal of actions to enforce a settlement agreement, holding that claims severed from the original action require a separate, independent…
Fifth Circuit Holds That State-Law Sovereign Immunity Doctrines Do Not Affect the Jurisdiction of Federal Courts
While state-law sovereign immunity doctrines apply in state court by virtue of Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938), the Fifth Circuit holds in Anthology, Inc. v. Tarrant Cnty. Coll. Dist. (TCCD), No. 24-10630 (5th Cir. May 2…
Fourth Circuit Panel Splits Over Whether the Doctrine of Forum Non Conveniens Requires That There Be a Single Foreign Forum Available to Hear the Claim
In AdvanFort Co. v. Zamil Offshore Srvs. Co., No. 24-1007 (4th Cir. Apr. 22, 2025), a Fourth Circuit panel splits 2-1 over whether forum non conveniens can apply when the alternative foreign forum for a case may require filing…
En Banc Ninth Circuit Overrules Case Authority That Personal Jurisdiction Over an Online Business Requires That Its Marketing Be Shown to Have a “Forum-Specific Focus”
In Briskin v. Shopify, No. 22-15815 (9th Cir. Apr. 21, 2025) (en banc), the Ninth Circuit considers a customer privacy claim by a California resident against a Canadian online retailer and its American subsidiaries. The court (10-1) reverses the…
Second Circuit Splits from Tenth in Holding That Supplemental Jurisdiction under 28 U.S.C. § 1367(a) Requires A Separate Analysis from Intervention Under Fed. R. Civ. P. 24(a)(2)
The Second Circuit – in Hamilton Reserve Bank v. Sri Lanka, No. 24-1459-cv (2d Cir. April 10, 2025) – rejects a widely-recognized presumption that “a court necessarily possesses supplemental jurisdiction [under 28 U.S.C. § 1367(a)] over intervention claims when the…
The Eighth Circuit, Perhaps Without Meaning To, Creates a Circuit Split on the Standard for Seeking Relief from a Jury Waiver Under Fed. R. Civ. P. 39(b)
In E&I Global Ene. Srvs. v. Liberty Mut. Ins. Co., No. 23-3739 (8th Cir. Apr. 4, 2025), the Eighth Circuit declines to afford a plaintiff relief for its failure to timely demand a jury trial under Fed. R. Civ.…
Seventh Circuit Becomes the First to Hold That an EU “Societas Europaea” (SE) Is a “Corporation” for Diversity Jurisdiction Purposes
In Starstone Ins SE v City of Chicago, No. 23-2712 (7th Cir. Apr. 2, 2025), the Seventh Circuit holds that the plaintiff – a “Societas Europaea” (SE) organized under the rules of the European Union – is a citizen…
The Sixth Circuit, Adding to A Circuit Split, Holds That the Plaintiff Has the Burden of Establishing Venue Under 28 U.S.C. § 1391
In Tobien v. Nationwide Gen. Ins. Co., No. 24-5575 (6th Cir. Apr. 2, 2025), the Sixth Circuit follows the majority rule in holding that on a Fed. R. Civ. P. 12(b)(3) motion to dismiss for improper venue, it is…
Noting Gap in Fed. R. Evid. 103, Tenth Circuit Holds That a Party Forfeited Appeal of a Conditional Evidence Ruling – Despite Objecting Four Separate Times – Because She Did Not Satisfy the Condition at Trial
In Culp v. Remington of Montrose Golf Club LLC, No. 24-1022 (10th Cir. Mar. 30, 2025), a district court’s conditional ruling to admit evidence is held unreviewable when the appellant chose strategically not to trigger the condition at trial.…