Circuit Notes

 

First Circuit

• Recent Notes:
  Argument that Business Risks Exclusions Rendered Coverage Illusory Was Not Preserved for Review (B & T Masonry Const. Co. v. Pub. Serv.)

Second Circuit

• Recent Notes:
  Poole v. Mukasey, Docket No. 06-4069-ag (2d Cir. May 20, 2008)

Third Circuit

• Recent Notes:
  Court of Appeals Can Address Any Issue Fairly Included Within Order Certified for Interlocutory Appeal (Santana Products, Inc. v. Bobrick Washroom Equipment, Inc.)

Fourth Circuit

• Recent Notes:
  Explaining the "Complete Preemption Doctrine" (Lontz v. Tharp)

Fifth Circuit

• Recent Notes:
  Outside Counsel Can Bolster Class Representative's Adequacy (Electronic Data Sys. Corp. v. Dep’t of Treas. of N.J.)

Sixth Circuit

• Recent Notes:
  "Plain Error" Review of Rule 11(b)(1)(N) Error Precludes Dismissal of Appeal Despite Waiver in Plea Agreement (United States v. Murdock)

Seventh Circuit

• Recent Notes:
  Substantial Question For Federal Jurisdiction (Greater Chicago Combine & Center, Inc. v. City of Chicago)

Eighth Circuit

• Recent Notes:
  Court of Appeals Lacks Subject Matter Jurisdiction Over Remain to State Court (Whittley v. Burlington Northern Santa Fe Railroad Company)

Ninth Circuit

• Recent Notes:
  Removal of Bankruptcy Trustee Is Appealable Order (In re AFI Holding, Inc.), Exercises Discretion Not to Dismiss Appeal (Williams v. Gerber Products Co.)

Tenth Circuit

• Recent Notes:
  Court of Appeals Lacks Jurisdiction to Hear Appeal from a Magistrate Judge’s Discovery Order (In re Application of Jonathan Guy Anthony Phillips v. Beierwaltes)

Eleventh Circuit

• Recent Notes:
  No Jurisdiction over Decision Based on Agency’s Sua Sponte Authority (Lenis v. United States Attorney General, 525 F.3d 1291)

District of Columbia Circuit

• Recent Notes:
  SEC's Reliance on Materials Not in Rulemaking Record and Without Public Comment Violated APA § 553(c) (Chamber of Commerce of the United States of Am. v. SEC)

Federal Circuit

• Recent Notes:
  Federal Circuit Holds Footnote in Supreme Court Opinion Reverses Long-Standing Circuit Test for Standing to Bring Declaratory Judgment Action for Patent Invalidity or Non-Infringement (SanDisk Corp. v. STMicroelectronics)

Supreme Court Circuit

• Recent Notes:
  Supreme Court of the United States Expands Due Process Procedural Protections in Cases Involving Punitive Damages (Phillip Morris USA v. Williams et al.); Marshall v. Marshall