Latest 2 Cases This Week: Tejero v. Portfolio Recovery Assoc., LLC (5th Cir.), Keith Manufacturing Co. v. Butterfield (Fed. Cir.)

How Allen v. Cooper Breaks Important New (if Dubious) Ground on Stare Decisis

VIKRAM DAVID AMAR

Illinois Law dean and professor Vikram David Amar comments on language in a recent U.S. Supreme Court decision, Allen v. Cooperdiscussing constitutional stare decisis in the context of state sovereign immunity. Amar points out some of the problems with the Court’s jurisprudence on state sovereign immunity and Congress’s Section 5 power, and he questions the Allen majority’s embrace of a “special justification” requirement for constitutional stare decisis.

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Tejero v. Portfolio Recovery Assoc., LLC

Court: US Court of Appeals for the Fifth Circuit

Docket: 18-50661

Opinion Date: April 6, 2020

Judge: Andrew S. Oldham

Areas of Law: Legal Ethics

After plaintiff filed suit against Portfolio under the Fair Debt Collection Practices Act and state law, the parties reached a settlement that forgave plaintiff's debt and awarded him $1,000 in damages. The district court then determined that plaintiff's attorneys did not settle his lawsuit quickly enough and consequently sanctioned them. The Fifth Circuit reversed the district court's sanction order, holding that the district court abused its discretion by awarding attorney's fees sua sponte under Federal Rule of Civil Procedure 11. Furthermore, the reasons the district court proffered for sanctions were meritless. Because the district court judge was not biased against plaintiff, the court affirmed the denial of plaintiff's recusal motion. In this case, the judge's ire was clearly directed at the attorneys, not plaintiff. Accordingly, the court affirmed in part, remanding for further proceedings.

Keith Manufacturing Co. v. Butterfield

Court: US Court of Appeals for the Federal Circuit

Docket: 19-1136

Opinion Date: April 7, 2020

Judge: Todd Michael Hughes

Areas of Law: Civil Procedure, Legal Ethics

Keith sued its former employee, Butterfield, after he filed a patent application for what eventually issued as the 520 patent. The employer alleged that the patent was based on inventions made during Butterfield’s employment and sought declaratory judgments of noninfringement and invalidity; alleged breach of contract and misappropriation of trade secrets; and sought correction of inventorship. Butterfield later sent the employer a covenant not to sue and moved to dismiss in part, arguing that the covenant not to sue mooted the declaratory judgment claims and that the applicable statutes of limitation and the doctrine of laches barred the state-law claims. The court dismissed the declaratory judgment claims but allowed the state-law claims to proceed. The parties later filed a stipulation of dismissal with prejudice (Rule 41(a)(1)(A)(ii)), which required no court order. Days later, Butterfield moved for attorney’s fees under Fed. R. Civ. P. 54(d). In denying the motion, the court cited the 2017 Supreme Court decision, “Microsoft” and held that Rule 54 requires a judgment, “a decree and any order from which an appeal lies,” and that the parties’ stipulation to dismiss did not satisfy Rule 54’s judgment requirement because it was not an appealable order. The Federal Circuit vacated, holding that Microsoft did not apply. Judgment in the context of Rule 54 does not raise the same concerns about finality and piecemeal litigation that motivated the Microsoft opinion.