Ethridge v Samsung: #5thCir grants panel #rehearing, issues new opinion affirming dismissal for lack of #personaljurisdiction over manufacturer of exploding battery, in light of #7thCir decision #appellatesky #lawsky baffc.net/4j2MXv1
Screenshot of the linked court opinion.
Screenshot of the linked court opinion.
Screenshot of the linked court opinion with highlighted text: We hope that Bernhard Modern has made its last appearance in an appellate brief.
Typography lesson from the #7thCir: don't use Bernhard Modern.
#AppellateSky
media.ca7.uscourts.gov/cgi-bin/Opin...
A #7thCir concurrence explained why litigants should not be able to take collateral-order appeals from orders orders distributing some of the assets in a receivership.
#AppellateSky
finaldecisions.org/the-split-on...
Screenshot of an opinion, with highlighted text: Did the district court in this case resolve questions “separate from the merits”? Far from being “collateral” to the merits, a decision about who receives how much of the proceeds from a sale is the merits.
Screenshot of a court opinion, with highlighted text: Once the district court has specified the final distribution, BC57 could present on appeal the same arguments that we resolve today.
Screenshot of a court opinion discussing resolution of the split over distribution appeals in receiverships.
Interesting #7thCir concurrence today on the circuit split over appealing distribution orders in a receivership. (The panel followed circuit law holding that these orders are appealable via the collateral-order doctrine.)
#AppellateSky
media.ca7.uscourts.gov/cgi-bin/Opin...
The #7thCir suggested that an invocation of federal-officer removal—which permitted a plenary appeal from a remand order—was frivolous and thus sanctionable.
#AppellateSky
finaldecisions.org/frivolous-fe...