In Fylling v. Royal Caribbean Cruises, Ltd., No. 21-13612 (11th Cir. Feb. 1, 2024), the Eleventh Circuit holds that the district court abused its discretion by allowing a juror whose niece worked for the defendant continue to sit on
Paul W. Mollica Federal Courts Blog
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Tenth Circuit Grants Sua Sponte, Initial En Banc Hearing in Direct Federal Criminal Appeal, Prompting A “Dissental” by Two Judges
In an order published today, United States v. Hohn, No. 22-3009 (10th Cir. Jan. 31, 2024), a majority of the active judges of the Tenth Circuit order an en banc initial hearing in a direct federal criminal appeal, raising…
Second Circuit Sanctions Attorney Under Rule 11 for Misuse of ChatGPT in Authoring a Reply Brief
In what I believe is a first in a reported federal court of appeals decision, the Second Circuit in Park v. Kim, No. 22-2057 (2d Cir. Jan. 30, 2024) (per curiam) issues sanctions against an appellate lawyer who used ChatGPT…
Dismissal of Party for Improper Joinder Under Fed. R. Civ. P. 21 Does Not Toll Limitations for Federal Claims, Holds Ninth Circuit
In Holt v. Cnty. of Orange, No. 22-55806 (9th Cir. Jan 26, 2024), the Ninth Circuit joins other circuits in holding that, notwithstanding 28 U.S.C. § 1367(d), dismissal of a party for improper joinder does not toll statute of…
Seventh Circuit Holds That Lawyer Has No Article III Standing to Appeal Court Order Revoking His Pro Hac Vice Admission Where Case Below Is Settled and Dismissed with Prejudice
In Bailey v. Worthington Cylinder Corp., No. 22-2111 (7th Cir. Jan. 22, 2024), the Seventh Circuit dismisses an out-of-state lawyer’s appeal of a lower order revoking his pro hac vice admission, holding that his reputational interest alone does not…
Seventh Circuit Holds That It Is Not Always Appropriate, in Making an Erie Prediction of a State’s Highest Court, for a Federal Court to Avoid Expansion of State Law
In Green Plains Trade Group, LLC v. Archer Daniels Midland Co., No. 23-1185 (7th Cir. Jan. 12, 2024), the Seventh Circuit vacates and remands a judgment dismissing a complaint in a diversity tortious-interference case, holding that the district court…
D.C. Circuit Holds That Party May Appeal Denial of Motion to Seal Exhibits with “Private Medical Treatments and Diagnoses” Under Collateral Order Doctrine
In Abdelhady v. George Washington Univ., No. 22-7148 (D.C. Cir. Jan. 9, 2024), the D.C. Circuit holds that a party may immediately appeal the denial of a motion to seal summary judgment exhibits containing “private medical treatments and diagnoses”…
Potential Jurors Who Were Not Vaccinated for COVID-19 Do Not Constitute A “Distinctive Group” for Sixth Amendment Purposes, Holds Sixth Circuit
In United States v. O’Lear, No. 22-3835 (6th Cir. Jan. 8, 2024), the Sixth Circuit holds that a criminal defendant was not deprived of a representative jury under the Sixth Amendment when the district court excluded panel members who…
Eighth Circuit Holds That Hospital’s Creation of Online Patient Portal Did Not Bring State-Law Privacy Claim Within the Federal Officer Removal Statute, 28 U.S.C. § 1442(a)(1)
In Doe v. BJC Health Sys., No. 23-1107 (8th Cir. Dec. 28, 2023), the Eighth Circuit – rejecting the persuasive authority of two district court opinions – holds that a hospital’s adoption of a online patient portal under the…
Second Circuit Adds to Split About Whether There is Appellate Jurisdiction Over Qualified Immunity Orders That Are Not Decided on the Merits
In Maye v. City of New Haven, No. 23-459 (2d Cir. Dec. 26, 2023), The Second Circuit joins the Fifth Circuit in holding that there is no appellate jurisdiction over the denial of summary judgment on a qualified immunity…