Questions tagged [federal-courts]

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5
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3answers
2k views

Ahmaud Arbery defendants invoke Georgia State Law as a Defense in Federal Court

It is my understanding that three defendants face a Federal hate crime involving the shooting death of Ahmaud Arbery. In April 2021, all three men were indicted on federal charges of one count each ...
3
votes
1answer
426 views

Citing federal court cases as authorities in state court

Do federal court rulings (non-appeal) function as estoppel or persuasive authority for them to be cited as authorities in state court civil complaints when the question at stake relates to state laws?
2
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1answer
53 views

Does a case continue if class certifcation is denied?

If a Motion for Class Certification is denied by the court, does the case continue? I'm trying to research litigation against a specific US company and I've come across some cases in which the court ...
0
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0answers
47 views

In a civil case against the US gov't, complaint was not contested by defendant; can the judge reject a request of the plaintiff without a hearing?

There is a (valid) civil lawsuit which was filed against the US government, its agencies and officers at a district federal court. The plaintiff did not ask for a jury. The US government (through the ...
0
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0answers
22 views

US federal court: The correct timeline of filing a request for entry of default

In a US federal court, assuming that the defendant, namely a US government official, failed to respond to a civil complaint within the 60-day period following the service of the compliant — When ...
0
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0answers
21 views

Filing a motion/request with US federal court when one or more of the defendants were replaced since the original complaint

A complaint was filed with a US federal court. If there is a need for the plaintiff to file a motion or request (e.g. a request for entry of default) related to the original complaint, the motion or ...
6
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3answers
3k views

What if an American state ratified an article to its constitution that blocked judicial review?

Basically, if an American state added an article to its constitution, via the relevant mechanism that allows it to do so, that proscribed state and federal courts from striking down its legislation, ...
0
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0answers
62 views

If cause for injunctive relief becomes moot while case is pending, can it affect jurisdiction?

Suppose there's an interference tort (trespass/conversion) filed in federal court, and there is a jurisdictional requirement that the plaintiff be seeking injunctive relief (both parties are based in ...
1
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2answers
61 views

Forum shopping in US Federal courts: is scheduling a factor

In filing a hypothetical federal civil case, it seems like some forum shopping may be possible. Might one of the reasons to select a particular court be to seek a speedier or slower trial? How would ...
1
vote
1answer
51 views

Serving summons on a defendant who is a U.S. Federal Government official: original or copy?

A civil lawsuit against federal government officials is served by certified mail. This is in accordance with Fed. R. Civ. P. 4 (i): (i) Serving the United States and Its Agencies, Corporations, ...
-2
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2answers
102 views

Would this stand the test of the Constitution? [closed]

The back story: Lady in SF Walgreens in Civic Center with accomplice “robs” store fake-coughing and claiming to have COVID. Security, manager won’t touch them, they flee with $90 of merchandise likely ...
2
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1answer
52 views

What happens when a federal government Defendant who is sued in his official capacity is being replaced shortly after the civil complaint was filed?

A civil lawsuit is filed against several federal government officials. The officials are specified in the complaint by their names as defendants, however they are sued in their official capacity. What ...
1
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1answer
22 views

In a Civil Cover Sheet, what would be the right "Nature of Suit" Code for lawsuit due to Fed Gov't's failure to adjudicate Naturalization Application?

In a civil lawsuit, the cover sheet that accompanies the complaint usually requires to select the "Nature of Suit". The US Courts website provides a document called "Nature of Suit ...
2
votes
1answer
32 views

In a Civil Case Complaint, does "Demand $" in Civil Cover Sheet (JS44) also apply to refund of legal fees through EAJA (Equal Access to Justice Act)

In a Civil Case Complaint against the US Federal Government, it is possible for the plaintiff in certain circumstances to get a refund of his attorney fees and other expenses. As explained on a ...
1
vote
1answer
72 views

In which United States District Court should a permanent resident file a lawsuit against the USCIS?

A US permanent resident has recently moved to western VA. VA has two United States District Courts: Western and Eastern. The permanent resident would like to file a lawsuit against the USCIS. One of ...
1
vote
1answer
36 views

Filed each actions at once, could you move the court to conclude one or more actions for relief before moving to other actions?

18 U.S.C. 1915 (f)(1) "Judgment may be rendered for costs at the conclusion of the suit or action [...]" This strikes me as one action may be obtained summary of judgement or other forms of ...
3
votes
1answer
49 views

How to refer to a section of a US law in a lawsuit filed at a US federal court?

I want to refer to sections of US laws in a lawsuit filed at a US federal court. For example, I look at the INA 1965 (Immigration and Nationality Act of 1965). The different parts of the law are ...
5
votes
1answer
92 views

Default judgement when the court can't provide the requested relief

Bravo v. Pelosi is the latest attempt to overturn the 2020 US Presidential and Congressional elections. The plaintiffs are suing everyone they think is even remotely related to the election, and a ...
4
votes
2answers
154 views

Does accused always plead not guilty in federal court?

I've recently been following the case of boxer Felix Verdejo, who pleaded not guilty yesterday in killing of Keishla Rodríguez. Cádiz Martínez, a second person indicted in the killing, also pleaded ...
22
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4answers
3k views

Government's standing in criminal trials

There's an answer on politics SE that has some upvotes (but more downvotes) claiming (even more adamantly in subsequent comments) that standing is issue of substantial importance in criminal trials; ...
1
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2answers
70 views

Standing in court to collect based on "assignment of judgment" not filed in Court of Origin

Can private counsel or a collection agency "Register" a California state judgment in Federal Court for collection, and use an affidavit of "assignment of judgment" as proof of ...
3
votes
1answer
88 views

How soon after relocating is it possible to file a lawsuit in a federal district court?

In the US, if I relocate from one judicial district to another judicial district in another state — how soon after relocating is it possible to file a lawsuit in a federal district court? (I plan to ...
10
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6answers
7k views

In the US, can the courts intervene if an extremely destructive (but constitutional) law is passed?

If the US Congress were to pass an extremely destructive (but constitutional) law that the president then signed, what would the result be and would there be any recourse from the courts or the states?...
3
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2answers
132 views

Technical basis for the binding nature of precedent or stare decisis

I understand that US district courts are generally required to follow precedent set by the appeals court directly superior to the district court, while opinions of other appeals courts may be ...
8
votes
2answers
2k views

Gorilla glue, when does a court decide to permit a trial

If a plaintiff brings a civil suit against another party (aka say the Gorilla glue hair suit), what role does the court play in whether to permit a trial, how has that role changed over the decades, ...
3
votes
0answers
40 views

Can a denied motion to intervene be appealed in itself?

From Wikipedia's article on intervention: Rule 24(b) provides for permissive intervention, which is subject to the discretion of the judge hearing the case. If the judge hearing the case denies a ...
15
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2answers
4k views

Can lawyers ask about, and discriminate based on, iPhone ownership during a case involving Apple?

In the lawsuit(s) between Epic and Apple, assuming it ends up in front of a (federal) jury, are the lawyers for each side allowed to ask potential jurors whether they have iPhones or Android phones; ...
1
vote
1answer
56 views

Temporarily Stopping a Lawsuit for Medical Reasons

If the entity prosecuting a lawsuit or the entity defending a lawsuit becomes unable to do the necessary work in that lawsuit due to medical reasons: What is the proper way to let the court know? ...
0
votes
1answer
54 views

Can a person secure an entity's former employee to act as an expert witness against them?

In federal court, is there any ethical or evidentiary rule that prohibits a person from using that entity's former employee as an expert witness against them? For context, I would like to use a ...
0
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0answers
25 views

What Standing does a Default Defendant have?

Does a default defendant have standing to argue anything other than removal of the default and the dollar amount of damages? Can a default defendant argue the validity or anything else about any ...
0
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1answer
51 views

How to do discovery on non-party unnamed witness?

How does one do discovery on a non-party only the opposing party knows? Suppose the opposing party filed a motion and an adequate response to the motion will require that discovery be done on some of ...
0
votes
1answer
85 views

fraudulent service of process

If someone sues me and sends their request for me to waive service of summons but sends the request via certified mail to my deceased cousin's house, we have same name, and my cousins widow tells me ...
0
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1answer
69 views

Would a Notice of Entry of Appearance be required in federal bankruptcy case going pro se?

Let's say someone were to initiate a Chapter 13 bankruptcy in federal court of course. And they had an attorney prepare the filing and take the case through confirmation. But a while later, the ...
2
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1answer
138 views

Service of Process to the Deceased

Hypothetically speaking; One party to a lawsuit is dismissed. A year later Notice of Appeal if filed and service of same is sent to the dismissed party via standard mail. Then a month later the ...
1
vote
1answer
274 views

moving to dismiss a count in an amended complaint although "answered" in the original complaint

Hypothetical scenario: Plaintiff files a complaint having three counts A, B, and C. Defendant files an answer to counts A & B and moves to dismiss count C for "failure to state a claim." ...
3
votes
1answer
673 views

What law grants life tenure to federal judges in the US?

In the United States, what law grants life tenure to federal judges? The Good Behaviour Clause of the Constitution says: The Judges, both of the supreme and inferior Courts, shall hold their ...
0
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1answer
30 views

Can one get information about US federal misdemeanor citations?

According to New Hampshire Public Radio, in June 2019, Officials with U.S. Customs and Border Protection issued tickets to 29 people for alleged immigration violations at a checkpoint on I-93 near ...
2
votes
1answer
36 views

Filing a Federal Criminal (not Civil) Complaint

I want to file a Federal criminal (not civil) complaint in California under... Conspiracy against rights - https://www.law.cornell.edu/uscode/text/18/241 Frauds and swindles - https://www.law....
1
vote
2answers
104 views

Are there any circumstances under which a federal court order may be lawfully ignored?

Question is in the title. Another formulation: Are there any circumstances under which a defendant may lawfully decline to comply with a federal court order? A sort of mini-appeal process, if you will?...
0
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2answers
225 views

Can a prosecutor add evidence to increase punishment after a guilty plea is entered?

My next question is, after a defendant is indicted can the prosecutor keep adding to the case just so that they can increase the defendant guidelines? And after the defendant pleas guilty, can they ...
1
vote
1answer
80 views

What percentage of a Qui Tam is recovered?

In the case of a Qui Tam filing with the United States attorneys office what percentage of the recovered damages go to the person that filed with the office?
2
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1answer
56 views

Can Rule 15(c)(1) be used by original parties to defeat a timely claim?

I am currently in a scenario analogous to this one: Can this hypothetical sequence of events occur in the Federal Arena (particularly 9th cir). 1.) Plaintiff brings a suit against party A before ...
2
votes
3answers
267 views

What is law of the case in the us federal court system for district court judges?

Someone recently brought up the apple fbi phone unlock case and I, not being a lawyer, got curious about whether, if a final decision had been reached by that judge, what exactly that would mean. That ...
4
votes
1answer
216 views

AG's and indictments

I'm curious, let's say that a prosecutor has taken a case before a grand jury. That grand jury has chosen to indict. Can the AG withdrawal those indictments? I've been trying to find out here, but I'...
4
votes
1answer
100 views

Why does the District of Columbia have its own Court of Appeals?

Geographically, it looks like DC should be part of the Fourth Circuit. With such a small population, only about 3% of what the other Circuits have jurisdiction over, why does it get its own?
1
vote
1answer
410 views

Amending Motions

CM/ECF (The Electronic Filing System used by federal courts) has a section for "amended motions". What are the circumstances under which a party could amend a motion? In federal court, can one amend a ...
50
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4answers
18k views

A man killed my son and married one of the witnesses. Can the witness's statements still be used in court against him?

In Florida a career felon, who is a complete stranger to my son, killed my son. He is being prosecuted for this crime in a state court in Florida. There are two witnesses. One of them is the the ...
2
votes
2answers
156 views

Can a federal judge impose a higher sentence than the prosecutor proposed in the US?

Suppose a US federal attorney/prosecutor brought a case before a US federal court and the defendant is accused of committing a federal crime. The law says that the defendant can be imprisoned up to 5 ...
0
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2answers
39 views

motion practice and timeliness

If a defendant does not timely reply to a response, then a judge orders the defendant to file a reply within x amount of days; is that prejudicial to the responding party? Prejudicial to plaintiff ...
4
votes
2answers
1k views

Under what circumstances is the writ of mandamus normally used?

Currently the State of Maryland and the District of Columbia are pursuing a case against the President of the United States regarding alleged violations of the emoluments clause. As described by ...